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  • jsb
    01-08 10:03 AM
    Effective June 2007, any agreement relating to recovering immigration fees from employees, or asking them to work for specific period after getting GC, are illegal. You can find details on the following link.

    http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf





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  • yestogc
    05-07 04:49 PM
    There are lot of people both ahead and behind you (of course with their own set of prayers), some get RFE's some don't. But yes as of this writing and at least for this year GC journey is going to be hard and very slow.





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  • thakurrajiv
    01-22 08:35 PM
    Thakur saa'b & Oil Twist thanks for the suggestions.
    Rajiv did you have a loan with ICICI bank and would you please explain how big part of the payment you made that drastically reduced your payment to Rs 1200.
    Please check your messages I have sent you PM as well.
    Thanks,

    When you make part payment you can request to keep either EMI same( reduce duration of loan) which is default or reduce EMI ( keep duration same). You can make 2 part payments. First one pay big amount and ask them to reduce EMI. Your EMI should go very low as length of loan is same.Make second part payment and then ask them to keep the EMI same. On second one if you keep balance in loan = 13 * EMI, you can best benefit !!





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  • krishmunn
    09-17 12:08 PM
    I had applied for an extension for my parents, just a month before their I-94 was about to end. According to the law (as per my attorney, forums, Internet), they could stay here legally until a decision is made, which may be past the I-94 expiration.

    So, in your case, if the decision is Positive, then they can stay until the new I-94 date that USCIS gives them. However, if the decision is Negative, then they have 30 days from the date of the decision to leave the country without being deported.

    Hope this helps...

    If the extension is denied the person falls out of status immediately and the visa get voided.

    Check this from Murthy Chat (answered by Attorney Murthy) --

    MurthyDotCom : MurthyChat - Search Transcripts (http://www.murthy.com/chatdb.asp?sFor=extension&Category=visitusa&B1=Search)

    Question: Our B-2 extension was denied and the denial letter was received after I-94 departure date. We have a 10-year multiple-entry visitors" visa. Should we apply for the visa again?

    Answer: The B-2 visa stamp would remain valid if one departed prior to the receipt of the denial. If the person remained in the U.S., awaiting the decision, then s/he is out of status and unlawfully present as of the date of the extension denial. This would void the individual"s multiple-entry B-2 visitor"s visa in the passport, and require a new visa application at the U.S. consulate abroad in the person"s home country for the next trip to the U.S. This is under section 222(g) of the Immigration and Nationality Act. If there was a timely departure prior to the decision, the individual attempting to return to the U.S. later, and wishing to use that B-2 stamp, needs to show maintenance of valid B-2 status in the U.S. and proof of departure before the denial decision by the USCIS, by submitting a copy of the airline ticket, boarding card, and other details at the time of all future entries into the U.S. in such a situation.Mar-15-2010.



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  • number30
    03-28 12:27 AM
    So what do I do.
    I am looking to buy a SUBWAY franchise outright costing 200 K

    I do not know how can you apply for the green card from the SubWay. If it was Indian hotel people apply as international Chef. But SubWay does not need that kind of expertise. If you want do the business that is fine. 200K seems little high even for the green card.





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  • cucubau
    10-17 02:11 AM
    Does a current PD mean you're getting your GC in a few weeks or does it mean "we've started working on it, we'll let you know":)

    Thanks!



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  • macrosky
    06-14 07:11 AM
    Thank you! raysaikat
    So it is just like applying a new H1 visa, but include a copy of my current approved H1 visa and maybe some pay checks from my current employer?





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  • maverick_joe
    11-16 01:03 PM
    same situation here, never received the EAD and the IO asks us to re apply with the new filing fee of 340$ even for the replacment EAD.



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  • Blog Feeds
    08-31 09:40 AM
    USCIS has released a new interim memo which clarified the method of analysis by USCIS officers that they must use in adjudicating Form I-140, Immigrant Petition for Alien Workers, filed for 1) Alien of Extraordinary Ability EB1A cases; 2) Outstanding Professor or Researcher EB1B cases; and 3) Alien of Exceptional Ability EB2 cases. The requirements for these types of I-140 petitions have not changed but this new method of evaluating the merits of cases may adversely impact those applying for immigration in these categories. This interim memo is a response to the U.S. 9th Circuit Court of Appeals decision in Kazarian v. USCIS on March 4, 2010. In the Kazarian ruling, the court held that USCIS was being too strict in deciding EB1A petitions by requiring extensive citation evidence and specific types of peer review work in order to meet the EB1A criteria. However, the court did rule that USCIS could consider evidence such as extensive citations in making a final merits review of the case to determine whether an alien is at the very top of his or her field.

    In essence, the new USCIS interim memo breaks the evaluation process up into two parts � 1) evaluating whether the applicant meets the baseline criteria for the immigration category and 2) determining whether the applicant�s evidence demonstrates the required high level of expertise for the immigration category. In the second part of the review process the USCIS will evaluate the evidence to see if, as a whole, it proves by a preponderance of the evidence that the applicant is at the very top of his or her field of endeavor. This article will explain how the evaluation will be handled for affected EB1A and EB1B I-140 petitions.

    For the first step in evaluating EB1A cases, the officer will check to see if evidence is provided to show that the applicant has met at least three of the following ten criteria:

    1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

    2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

    3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;

    4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

    5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

    6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;

    7. Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;

    8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

    9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field;

    10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

    After the officer has determined by a preponderance of the evidence that at least three of these criterion have been met, he or she moves into the second part of the review. For EB1A cases, the second part of the review involves determining whether the applicant has achieved a level of expertise indicating that he or she is one of a small percentage who has risen to the very top of the field of endeavor, he or she has shown sustained national or international acclaim, and his or her achievements have been recognized in the field of expertise. This basically means that the officer will look at all the evidence as a whole and determine if the case is approvable. This new standard may decrease the number of approved cases since, by implementing this secondary review process, USCIS officers have the discretion to deny cases even if three EB1A criteria have been technically met.

    New Evaluation Process For EB1B Cases

    For the first step in evaluating EB1B cases, the officer will check to see if evidence is provided to show that the applicant has met at least two of the following six criteria:

    1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

    2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

    3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;

    4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

    5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

    6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;

    For the second part of the review for EB1B cases, the officer will make a final merit determination on whether or not the applicant has, by a preponderance of the evidence, demonstrated that he or she is recognized internationally as outstanding in a specific academic area. Therefore, simply showing that two of the criterion have been met does not necessarily mean that the case will be approved. This, in turn, greatly expands the USCIS officer�s discretion in deciding which cases to approve.

    Prior to this USCIS memo, the evidence was evaluated only in the context of meeting the necessary criteria for each type of case. Now by adding a second �final determination on the merits� phase of review, USCIS officers have more flexibility in denying cases or issuing Request For Evidence notices even if the baseline criteria has been met. This memo essentially gives the USCIS officer wider discretion in adjudicating EB1 cases since it has added a new level of review which follows a fairly subjective standard. As a result it is very possible that immigration through the EB1A, EB1B, and EB2 Exceptional Ability categories will become more difficult than it has been in the past. However, due to the recent immigrant visa retrogression for people born in India and China, there is an increasing number of Chinese and Indians who choose to apply through the EB1A or EB1B categories rather than wait for visa availability in the EB2 category. Hence, we recommend to consult a qualified immigration professional before proceeding with EB1 and EB2 cases.




    More... (http://www.visalawyerblog.com/2010/08/eb1_new_review_processes_based.html)





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  • skynet2500
    10-19 01:00 PM
    Hello,

    My EAD (based on I-485 for EB-3; PD - July 2003) expires in the first week of Nov and I applied for my renewal in August and got a notice stating that my application has been received and it will be processed.

    I have not received the new EAD yet (status on the website says 'Initial review') and chances are that I may not get one before the current EAD expires.

    Am I dead in the water? Both my wife and I need EAD as our H1 has expired and we have changed jobs.

    Obviously I am worried sick,

    Any help, pointers, suggestions are much appreciated.

    Thanks,

    Few Suggestions..

    Contact USCIS to expedite the case. Usually they do it 90 days after they received the case. After this do the following..

    - Contact ombudsman office
    - Contact local senator office.
    - Contact local congressman office

    Good Luck.



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  • mn1975
    07-17 01:12 PM
    we just came back from india (June end) to SFO

    At primary area the officer just saw AP, scanned passports, checked something in the computer and sent us to secondary area.

    At secondary inspection just submitted APs(all copies),passport. After 45 mins they called us
    returned the passport, I-94, and one original AP all stamped

    If you are married and your wife is coming alone make sure she has all original copies of AP

    We came from ahmedabad, and the immigration officer knew about AP so was smooth, but can be a real headache if airline guys are unaware of it (headache means time consuming).

    hope this helps





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  • gc_seeker_2001
    01-29 09:48 PM
    My company has filed an AOS application on July 02 2007 using an approved EB3 I-140 (PD = Sep 2001). Then in Dec 2007, they have filed a EB2 I-140 using an approved EB2 PERM to convert the pending AOS apllication to EB2, hoping to port the priority date of pending AOS application to EB2 Sep 2001. EB2 priority dates were retrogressed after the EB2 I-140 was filed.

    I am thinking of switching the job now. I don't expect USCIS to process the EB-2 I-140 for next 6 months or so. Is it safe to switch jobs in this situation? I have portability right now, since 180 days have passed after the AOS application was filed with EB3 I-140. Does the EB2 I-140 adversely affect the AC21 after I join the new employer. What will happen to my pending AOS application, when USCIS processes the EB2 I-140 from my original employer, before or after I have used AC21 from the new employer.

    Appreciate your feedbacks on this.



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  • RamK
    09-24 01:10 PM
    Hi,

    I have received an EAD (I-140 Approved) for future employment through a company that I never worked for. Can I use AC21 to port the GC process to the current employer? Does the current employer need to file a new LC/140?

    Please let me know. Thanks for your help.





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  • acecupid
    08-01 11:06 AM
    HI , first of all thank you for spending some time on my problem.

    But my dependants are in " X " location only . we are meeting each other by travelling . my dependants are receiving all invoices. Thats the reason i got this question. please suggest me. THANK YOU SO MUCH IN ADVANCE.

    Your statements seem to contradict. I thought you mentioned earlier that you moved to "Y" location. Are you saying that you live in "Y" location and your dependents live in "X" location and you travel to meet each other on weekends ? If you maintain two residences then you probably dont have to file a change of address.

    I find it pretty odd though, most people dont maintain multiple residences.



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  • seubert
    09-07 08:52 AM
    Hi All,

    My I-140 got approved in Texas and my I-485 & EAD filed in Nebraska on July 2nd.

    My 485 case has been transferred to Texas.

    Yesterday I & my family all got reciepts .

    Good thing is status of EAD changed to Card Ordered.

    So just relax who all are in the same boat.

    Best of luck guys,
    Seubert





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  • sledge_hammer
    07-11 02:06 PM
    Jakub (glus),

    Good job on getting our message across. Good picture too! Finally we are seeing some faces behind the screen names.

    http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350

    Funny? See below:

    http://wwwapps.ups.com/WebTracking/processInputRequest?HTMLVersion=5.0&sort_by=status&tracknums_displayed=5&TypeOfInquiryNumber=T&loc=en_US&AgreeToTermsAndConditions=yes&InquiryNumber1=1ZE19A16P204195432

    The message was IV template...

    Glus



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  • rkumar28
    10-22 10:32 AM
    The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.

    Hi Prashanthi/Attorneys/Experts,

    I have a little different situation. I got my GC approved in July 2010 and I am still working for the GC sponsoring company. Now, I am on bench and am waiting for projects. Would it cause any issues at the time of citizenship, if I leave my GC sponsoring company after working around 3 months(after GC approval) and take a fulltime permanent opportunity.
    Your advice is helpful.





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  • Pineapple
    08-05 08:27 PM
    I have to self file I-765. My 485 filed by employer to Lincoln, Nebraska. Address not know to me.

    Please some one post where i can send my 765 application before Aug 17.

    Thanks

    If you are mailing via courier, then send it to

    USCIS
    Nebraska Service Center
    850 S. Street
    Lincoln, NE 68508-1225

    Hope this helps.





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  • LC2002
    10-26 03:25 PM
    Picture on this is scanned image of original picture you sent.

    It is like h1 aproval notice with a photograph in it





    mdipi
    11-16 03:15 PM
    thanks, i didnt know we could use pics...





    mayhemt
    10-10 08:53 AM
    tarikh pe tarikh.... tarikh pe tarikh.... kaab taak?????


    Thanks, got a good chuckle out of this. Maybe we should bring Sunny in to plead our case.



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