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    10-15 06:30 PM
    [Federal Register: October 6, 2009 (Volume 74, Number 192)]
    [Rules and Regulations]
    [Page 51236-51237]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr06oc09-4]
    ---------------------------------------

    DEPARTMENT OF STATE

    22 CFR Part 41

    [Public Notice: 6779]

    Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended; Requirements for Aliens in Religious Occupations

    AGENCY: State Department.

    ACTION: Final rule.

    ---------------------------------------

    SUMMARY: To comply with the Department of Homeland Security regulation requiring sponsoring employers to file petitions for all aliens for whom R-1 nonimmigrant status is sought. This rule establishes the requirement that consular officers ensure that R-1 visa applicants have obtained an approved U.S. Citizenship and Immigration Services Form I- 129 petition from the Department of Homeland Security before issuance of a visa.

    DATES: This rule is effective October 6, 2009.

    FOR FURTHER INFORMATION CONTACT: Lauren A. Prosnik, Legislation and Regulations Division, Visa Services, Department of State, 2401 E Street, NW., Room L-603D, Washington, DC 20520-0106, (202) 663-2951.

    SUPPLEMENTARY INFORMATION:

    Why is the Department promulgating this rule?

    On November 26, 2008, the Department of Homeland Security (DHS) promulgated regulations requiring sponsoring employers to file petitions for all aliens for whom R-1 nonimmigrant status is sought. 73 FR 72276. As a result, the requirements for an R-1 nonimmigrant visa now include establishing that the applicant is the beneficiary of an approved petition. U.S. Citizenship and Immigration Services (USCIS) has implemented the petition requirement for nonimmigrant religious workers as a way to determine the bona fides of a petitioning religious organization located in the United States and to determine that a religious worker will be admitted to the United States to work for a specific religious organization at the request of that religious organization. This rule amends the Department regulations to ensure consistency with the regulations set forth by DHS.

    Regulatory Findings

    Administrative Procedure Act

    This regulation involves a foreign affairs function of the United States and, therefore, in accordance with 5 U.S.C. 553(a)(1), is not subject to the rule making procedures set forth at 5 U.S.C. 553.

    Regulatory Flexibility Act/Executive Order 13272: Small Business

    Because this final rule is exempt from notice and comment rulemaking under 5 U.S.C. 553, it is exempt from the regulatory flexibility analysis requirements set forth at sections 603 and 604 of the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Nonetheless, consistent with section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Department certifies that this rule will not have a significant economic impact on a substantial number of small entities. This regulates individual aliens who seek consideration for R-1 nonimmigrant visas and does not affect any small entities, as defined in 5 U.S.C. 601(6).

    The Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), Public Law 104-4, 109 Stat. 48, 2 U.S.C. 1532, generally requires agencies to prepare a statement before proposing any rule that may result in an annual expenditure of $100 million or more by State, local, or tribal governments, or by the private sector. This rule will not result in any such expenditure, nor will it significantly or uniquely affect small governments.

    The Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804, for purposes of congressional review of agency rulemaking under the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104- 121. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign based companies in domestic and import markets.

    Executive Order 12866

    The Department of State has reviewed this proposed rule to ensure its consistency with the regulatory philosophy and principles set forth in Executive Order 12866 and has determined that the benefits of this final regulation justify its costs. The Department does not consider this final rule to be an economically significant action within the scope of section 3(f)(1) of the Executive Order since it is not likely to have an annual effect on the economy of $100 million or more or to adversely affect in a material way the economy, a sector of the economy, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities.

    Executive Orders 12372 and 13132: Federalism

    This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Nor will the rule have federalism implications warranting the application of Executive Orders No. 12372 and No. 13132.

    Executive Order 12988: Civil Justice Reform

    The Department has reviewed the regulations in light of sections 3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden.

    Paperwork Reduction Act

    This rule does not impose information collection requirements under the provisions of the Paperwork Reduction Act, 44 U.S.C., Chapter 35.

    [[Page 51237]]

    List of Subjects in 22 CFR Part 41

    Aliens, Foreign officials, Immigration, Nonimmigrants, Passports and Visas.

    For the reasons stated in the preamble, the Department of State amends 22 CFR Part 41 as follows:

    PART 41--[AMENDED]

    1. The authority citation for part 41 continues to read as follows:

    Authority: 8 U.S.C. 1104; Public Law 105-277, 112 Stat. 2681- 795 through 2681-801; 8 U.S.C.1185 note (section 7209 of Pub. L. 108-458, as amended by section 546 of Pub. L. 109-295).

    2. Revise Sec. 41.58 to read as follows:

    Sec. 41.58 Aliens in religious occupations.

    (a) Requirements for ``R'' classification. An alien shall be classifiable under the provisions of INA 101(a)(15)(R) if:

    (1) The consular officer is satisfied that the alien qualifies under the provisions of that section; and

    (2) With respect to the principal alien, the consular officer has received official evidence of the approval by USCIS of a petition to accord such classification or the extension by USCIS of the period of authorized stay in such classification; or

    (3) The alien is the spouse or child of an alien so classified and is accompanying or following to join the principal alien.

    (b) Petition approval. The approval of a petition by USCIS does not establish that the alien is eligible to receive a nonimmigrant visa.

    (c) Validity of visa. The period of validity of a visa issued on the basis of paragraph (a) to this section must not precede or exceed the period indicated in the petition, notification, or confirmation required in paragraph (a)(2) of this section.

    (d) Aliens not entitled to classification under INA 101(a)(15)(R). The consular officer must suspend action on the alien's application and submit a report to the approving USCIS office if the consular officer knows or has reason to believe that an alien applying for a visa under INA 101(a)(15)(R) is not entitled to the classification as approved.

    Dated: September 24, 2009.
    Janice L. Jacobs,
    Assistant Secretary for Consular Affairs, Department of State.
    [FR Doc. E9-24089 Filed 10-5-09; 8:45 am]
    BILLING CODE 4710-06-P



    More... (http://ashwinsharma.com/2009/10/07/dos-final-rule-on-amended-requirements-for-religious-workers.aspx?ref=rss)





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  • arnet
    11-16 12:39 PM
    if you file AOS (I-485) then only you will get EAD/AP benefits, but to file I-485 you need to stay in visa like H1B/H4. if you are H1B visa holder, you will eligible to file for it as prinicipal applicant but inorder for your spouse/dependents to qualify as dependent, she has to be in dependent visa (H4) at filing time, so F1 holder is considered as student not as dependent so they are not eligible to file.

    Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.

    there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.





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  • vivache
    08-24 07:58 PM
    Has anyone been to the Mumbai consulate for stamping
    Can you let me know the process?
    Also website where I can get more info?

    Is this a drop docs at embassy .. and they mail it to you kind of thing?

    Thanks
    V





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  • Gravitation
    03-15 01:24 AM
    What I understood from Ron's article:
    They're not processing fast enough to exhaust visa numbers.
    They want to minimize visa number wastage.
    They may move dates significantly forward so that they can approve low-hanging fruits to approve as many as possible
    Many people will have dates current, but few will get approved... it'll be luck of draw.
    Dates will then return to retrogressed levels at the beginning of the next financial year.
    However, overall visa number wastage should be much smaller than previous years as they have started moving the dates forward much sooner this time.Disclaimer: This is my interpretation of Ron's post. These are not my predictions.
    Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.



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  • tonyHK12
    04-27 01:21 PM
    Unless there is a formal document like Unauthorized Immigrants Pay Taxes, Too | Immigration Policy Center (http://www.immigrationpolicy.org/just-facts/unauthorized-immigrants-pay-taxes-too)

    http://www.immigrationpolicy.org/sites/default/files/docs/Tax_Contributions_by_Unauthorized_Immigrants_04181 1.pdf

    a post has no significance. If you wish to work on such a study, it would be make the arguments stronger. It is something some volunteers can take up as an action item.

    Yes it would be a good idea to debunk these posts and similar ones and at the same time compare with employment based immigrants. That should be a good way to get heard, since illegals are always in the news.
    I'll check for volunteers on the action item

    Blog Feeds

    Fear Mongers are the ones who are relying more on Govt for the social safety net benefits,
    blog feeds is an attorneys blog





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  • nsync1979
    06-18 02:22 PM
    Hi,

    I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
    I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

    I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

    My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help



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  • setpit_gc
    06-07 06:22 PM
    I got 1st LUD on 05/31/2009 with message change.

    Soft LUDs so far: 06/02/2009, 06/03/2009, 06/05/2009, 06/07/2009





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  • talash
    10-16 08:30 PM
    I had also gone to local centre with info pass to buy some more time to reply MTR coz i didnt have enough evidence to prove A2P .they told me file within 30 days with what ever i have as tell them that u got notice on 28th day n buy more time .But advice was to file within 30 days .



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  • miguy
    07-19 10:18 AM
    It depends on the hospital's immigration knowledge. Most of the hospitals in the NY/NJ/CT/MA/CA where there are a lot of immigrants are aware of EAD.
    So they prefer EAD over H1/J1 as they can avoid the process of application.
    This is from my personal experience. Some states like Maine, New Hampshre are not even aware of EAD. In such hospitals you can take a chance with the expectation of getting a Green card and convince them with the Social security number. Also apply for your social security number once you get your EAD. This really helps if you need to convince the hospital.

    Overall having an EAD is a big plus when compared to H1. NEVER go for J1. The waivers are very difficult to get and you'd have a lot of mental tension. I dont think its worth it, if you are planning to stay in USA. My wife stayed home for a year, when she was matched for a J1 hospital. She again applied the next year and got a H1.

    Thansk for your reply. In the Residency application(ERAS), there are two categories:

    1) Visa - J1, H1, EAD etc
    2) No Visa requirement - Green Card/US Citizen.

    If we check EAD, they will think that we need a visa which we don't
    If we check Green Card, technically we do not have our green cards yet

    What is the best thing to do?





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  • mambarg
    07-19 11:59 PM
    Since we had filed 140 recently. we got e-approval with notice saying actual notice will follow in mail.
    Has anyone ever filed with e-approval email printout as initial evidence ?

    Thanks



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  • sukhwinderd
    10-18 02:28 PM
    even i saw red warning message appear on the screen for 2 of my fingers.
    once i submitted finger prints to FBI for australian immigration. could be because of that.





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  • insbaby
    08-06 02:36 PM
    I know this is not a good question as there is no time frame for GC process?
    But please share your experience;
    How many years it could take to get GC if it is started with in Aug. 2008 for
    -EB2 category
    -EB3 category

    I am trying to understand the time (years) difference between two process.

    Thanks,
    Sanjeev.

    For EB3:
    ---------
    You get married
    ************* Apply in PERM
    First Kid
    ************* PERM approved, 140 Filed
    Second Kid
    First Kid goes to Pre-K
    ************* 140 approved, waiting for PD
    Second Kid goes to Pre K
    You buy a Home
    Kids going to High School
    ************* PD is CURRENT, appy I485
    Kids going to College
    Kids graduated
    Kids getting married
    You get grandchildren
    You retire from work
    Enjoying after retirement at home with wife
    *************Email from CIS, says "Welcome to the....." and "Card Production Orderd"


    For EB2:
    ---------
    .......
    .......
    Kids getting married
    *************Email from CIS, says "Welcome to the....." and "Card Production Orderd"
    You get grandchildren
    You retire from work
    Enjoying after retirement at home with wife



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  • mdipi
    11-01 03:31 PM
    how do i anti-alis? well anyway, i took your adive and this is kinda what it came out to be, I LOVE IT! Right a tut on substuting gradiants or something for Kirupa. Lost and Eilose are making a PS section of the site so they might be able to add it, i already added mine =)!



    thanks a bunch


    -mike:cyclops:





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  • Pagal
    10-31 12:20 AM
    Hello Number30,

    For taxation purposes, you are considered just like US citizen as soon as you spend more than 180 days within US.

    You can claim all the standard tax deductions/exemptions that are available to any US citizen like EIC (irrespective of your status - on visa, in AOS, PR or citizen) if you file taxes as a resident.



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  • mdipi
    10-22 08:43 PM
    sintax thanks so much! i like the avatar a bit more, but i like both! and i took the pic of the flower outside of my house, i cant belive how well it came out! like professional.








    -mike:cyclops:





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  • Hermione
    09-25 01:15 PM
    Take an infopass appointment and talk to an officer. There have been rumors that you may get the answer over the phone, but I never experienced it.



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  • CantLeaveAmerica
    07-21 05:17 PM
    My wife and I received a similar RFE in yesterday's mail. It seems they do not have our form I-693 in their possession. Wonder why they took 2 years to figure that out though we had submitted all documents in its entirety at that time. Anyways, we will be redoing the medicals and sending them the form..an additional $500 for both of us!
    Back to your question, YES, we did both receive a letter for the RFE along with a yellow(gold) paper with the officer #, receipt #, reply by date (33 days if received by post), A# and the address for the sealed envelope from doctor to be sent to printed on it. The yellow letter has to be placed on the top. Btw, the officer # was same for both mine and my wife's cases.

    Please note that in the last paragraph, this is what it states: "You must submit the requested information within 30 days from the date of this letter (33 days if this notice was received by mail). Failure to do so may result in the denial of your application."

    Does this mean that there are some folks that may receive the RFE through email only and therefore will not receive the yellow(gold) paper in the regular mail? I dont know...

    Hope this info helps...





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  • hebron
    06-23 08:25 AM
    Mine is the same company that applied for EB2 in the first place

    Thanks Jamesingham, Did you get your PERM approval? When you applied for EB2 with the same employer that filed your EB3, were your job descriptions atleast 50% different?

    Thanks.





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  • nikamd
    05-13 08:31 AM
    I am in the same boat. Current from March.........but nothing yet....:(:(:(:(:(:(





    pa_arora
    07-02 12:09 PM
    Read that again..they said it right..."All numbers available to these categories under the FY-2007 annual numerical limitation" have been made available.

    SO to say they have made available whatever they had for 2007..and they are now out of it.

    -p

    ===================
    Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation

    have been made "available".=============
    ================================

    I think they meant to put UNAVAILABLE there....
    bastards dont know how to spell !!!





    JunRN
    07-18 08:11 AM
    So it means I can apply in August as I am qualified to apply in July. How about my PD? Will it be August since I applied in August? For schedule A, the PD is the I-140 receipt date.