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  • anilsal
    01-24 01:14 PM
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  • eb_retrogession
    02-18 08:30 PM
    2004 Yearbook of Immigration Statistics
    Office of Immigration Statistics, January 2006
    U.S. Department of Homeland Security
    http://uscis.gov/graphics/shared/statistics/yearbook/Yearbook2004.pdf
    http://uscis.gov/graphics/shared/statistics/yearbook/index.htm





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  • shahzaib616
    05-17 06:33 PM
    Before I begin with my question, allow me to give you a brief overview of my case:
    In the year 2000, I initially filed for Labor Certification.
    In 2004, I received approval of my application for Employment Authorization (I-765).
    In 2005, I was sent a letter from the USCIS indicating that my application was rejected because I failed to file my case prior to a certain date issued by the USCIS.

    Pretty straight-forward, right? Wrong. You see, in the last letter I was sent by the USCIS it states that I failed to file my case promptly enough; I filed my case nearly a year before the deadline was set!
    My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.

    I am unsure of what to do now... It is apparent that the USCIS messed up, but I cannot think of any way to reopen my case and prove it. My attorney has presented me with two options - in mid-June he will engage in a conference call with a senior individual at the Immigration Office, at which time he will present cases (including mine) which have been wrongfully denied; my second option is to sue the United States.
    I am very unsure of what course of action to pursue now! My lawyer has kept my waiting all this time with stalls and meetings which he has stated will help my case, however with each passing meeting, it simply seems like he is giving me false hope... I really do not want to have to wait until mid-June, only to find out that I must wait even longer before my case is reopened.
    Additionally, I am highly reluctant to sue the United States of America for messing up in the processing of my case. The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.

    Please! Has anyone on here been rendered an unfavorable decision by the USCIS based on a mistake made by the Immigration office? What have you done to fix your case?
    Attorneys: have any of your clients been put into this situation? What have you done to resolve the issue?

    Everyone: I understand that a very small percentage of people are likely to be in the same boat that I am in, however regardless of whether or not you are in this situation, what would you do if you were in my shoes???
    Would you sue the government and risk deportation? Would you wait endlessly, hoping that things become better, eventually? Or would you do something else? (If so, what?)

    Thank you for taking the time to read this! For those of you who take even more time to respond to this post, thank you even more! I am truly grateful!!!

    Sincerely,
    Shahzaib





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  • pappu
    08-04 06:43 PM
    FBI Name Check
    Copyright � Triceiver.com

    All applicants for immigration benefits must undergo background security checks, and one of them is the FBI name check. It is conducted by the FBI National Name Check Program Section (NNCPS). Since 2003, many green card (I-485) and naturalization applications have been significantly delayed by this process, sometimes by several years! More importantly, immigrants affected by this processing delay are often left in complete darkness. USCIS has adopted a policy that it will not release any information regarding name checks to applicants. Similarly, the FBI has practically shut down all email and phone communications previously available to immigrants.

    How FBI name check works?
    FBI name check, in short, is to compare a person's name against the Central Records System and see if there is a matching record. However, this seemingly simple process can be quite complicated in some cases.

    1. The Central Records System (CRS) is huge
    The CRS contains all information which the FBI has acquired during many years of law enforcement activities. It has numerous administrative, applicant, criminal, personnel, and other types of files, related to not only individuals, but companies and foreign intelligence matters also. Certain records are stored in the FBI headquarters in Washington, D.C., while others are maintained by field offices across the United States.

    When a name check request is received, the FBI conducts a search of the individual's name in the CRS' General Indices. In addition to the person's full name, the FBI will also use different combinations and variations of the same name.

    The General Indices have two types of entries according to the FBI:

    A "main" entry - an entry that carries the name corresponding with the subject of a file contained in the CRS. A main file name thus refers to an individual who is the subject of an FBI investigaton.

    A "reference" entry - an entry, sometimes called a "cross-reference," that generally only mentions or references an individual, organization, etc., contained in a document located in another "main" file. So a reference is someone whose name only appears in an investigation.

    The FBI name check will search both "main" files and "reference" files. In comparison, the FBI Privacy Act request searches main files only. The Privacy Act request is sometimes referred to as FOIPA request, Freedom of Information and Privacy Act. So when an I-485 filer receives a "No Record" letter from the FBI in response to their FOIPA request, it only means that his or her name doesn't match any "main" entry.

    During a name search, the FBI first checks the person's name electronically against the Universal Index contained in a database called Automated Case Support (ACS) system. For most people (68% according to the FBI), the results come back with "No Record" within 48 hours, meaning that their name checks are considered cleared. If there is a match, called a "hit," an agent must manually review the file or entry. This secondary name search usually identifies additional people as having "No Record." According to the FBI, about 10% of name check requests must go through yet a third level of review, during which the matching record must be retrieved from the source. But there is a problem:

    2. Not all records are digitized and many are still paper documents
    If the matching record has a digital copy in the ACS, it can be reviewed quickly. Otherwise paper documents must be transported to the reviewer from one of the FBI field offices which are located all over the country. This could cause significant delays. The name check result after this review will be forwarded to the requesting agency such as the USCIS.

    3. Sheer volume of name check requests from multiple agencies
    Although the name check itself could take a long time in some cases, it is not the bottle neck. The more serious problem is the time it takes for an analyst to actually get to a case after a "hit," due to backlogs. This is probably the No.1 reason for a lot of cases that are stuck in FBI name checks.

    The FBI name check backlog may have several causes, and one of them is the sheer volume of requests. In addition to USCIS, many other Federal agencies, congressional committees, as well as state and local law enforcement agencies, all request name checks as part of their background investigation or clearance processes. According to Michael Cannon, Section Chief of NNCP, the FBI processed 3.7 million name checks in 2005, compared to about 2.5 million/year before September 11, 2001. In 2006, the USCIS alone sends more than 27,700 requests on a weekly basis.

    Moreover, it is not clear how strictly the FBI follows the order of first-in, first-out. It is particular difficult to find out exactly how the FBI would queue cases that have returned with potential matching records. From the simple fact that some name-check cases can be pending for several years, and not all of them are that complicated, the FBI's queuing method may need a review of its own.

    4. Lengthy name check process and national security
    Although conducting name checks is an essential step in identifying national security and public safety concerns, the current process may not achieve its intended objectives. The reason is that in almost all cases, a person whose name check is pending is currently present in the United States. So the lengthy process actually extends an individual's stay in the US. If it takes years to come to a conclusion that the person is indeed a security threat, what will happen during those years? In this sense, timely processing of name checks is not only a relief to legal immigrants, but a must for national security reasons.

    5. It is difficult to expedite FBI name checks
    In 2007, the USCIS established new policies on expediting FBI name checks and the criteria are very limited. The USCIS may demand expedited handling only if the case involves military deployment, age-out or sunset provisions, loss of certain benefits, or other compelling reasons such as critical medical conditions. It specifically stated that Writ of Mandamus (WOM) - a lawsuit forcing the government to act quickly after an unreasonable delay - would no longer qualify as one.

    Writing to Senators, Congressmen, or even the First Lady, have not shown as much success as many were hoping for. In fact, most Congressional inquires are now simply coming back with "case pending" responses. Some offices have stated that they will no longer contact the FBI for cases pending less than a year, citing an increasing number of letters asking for assistance. However, for most poeple, contacting congressional representives is one of very few channels still available to receive any information regarding their pending cases.

    6. The name check situation may get even worse, before it improves
    According to the USCIS Ombudsman, there is a staggering 329,160 FBI name check cases pending as of May 2007. Among them, 211,341 (64%) have been pending more than 90 days and approximately 32 percent (106,738) pending more than one year. Now with the biggest fee increase in decades, taking effect July 30th, 2007, The USCIS has proposed to allocate more funds toward the name check process. And the FBI indicated that additional funding would allow them to add more staff to speed up the process and reduce backlogs. Many are skeptical, but we certainly hope that they will achieve some of the goals this time.



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  • mohican
    12-31 04:44 PM
    NEED HELP!!! what are my options?

    I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.

    I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).

    The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:

    1. Is any one in similar situation?
    2. I have H1B only until June 2009, Can I work until then assuming MTR is resolved in 2 months (per some optimistic posts on IV)
    3. if my employer were to file a PERM labor application--can I port my previous priority date?

    Mohican



    Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal

    ***********
    CIS issuing illegal AOS denials based on I-140 revocations

    Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
    These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
    been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
    continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.

    Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.





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  • reno_john
    06-21 09:35 AM
    Folks,
    My wife was stuck in namecheck during the H-4 stamping 3 years back. She gave full FP and got cleared in 6 weeks. Question i have is that i will be filing I-485 in July so is there a chance that she will be stuck in I-485 Name check as well? Anyone with experience? Also, if she get's stuck and I am cleared does the application get's stuck completely?

    I was curious about the FBI name check and I read the FAQ on Name check on FBI website, what it says that once your name check is in progress for a particular agency as in our case USCIS, it will reject any duplicate name check for that person. Also it says something about a await period of 120 or 180 days when a second name check cane be done based on the first is cleared and the wait time has elapsed. Check the FBI site and read the FAQ on this.

    http://www.fbi.gov/page2/nationalnamecheck.htm



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  • DesiGuy
    09-09 03:56 PM
    thanks to digital, here's an email template if you need.

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


    PLEASE SPREAD THIS MESSAGE AND CALL
    Dear Friends and well wishers,

    Please take a minute and Your call today can help half million people ( Talented, Legal immigrants ) in waiting ...

    BACKGROUND & TALKING POINTS
    HR5882 was sponsored by Congresswoman Lofgren and Congressman Sensenbrenner. This bill recaptures all the unused visa numbers that have been lost since 1992 due to processing delays in Employment based category and Family category. It is estimated that 216000 green cards will be recaptured which would help to eleviate the employment based backlogs.

    Please use the instructions provided below to make the phone calls.
    (1) Call the congressman/woman office and request to speak with the aide who handles Legislative and Immigration matters
    (2) If they are not available leave a VM for them -
    "I would like Representative "Representative Name" to support HR 5882, bill to recapture the green cards lost due to processing and bureaucratic delays. As you may already know that this is a bi-partisan bill with wide bipartisan support in the house and will help improve American competitiveness & reduce the back logs associated with USCIS. This bill is non controversial measures that will help US to stay competitive with a highly educated and skilled work force and address family based backlogs also."

    To All congress-critters:
    In a nutshell, this bill allows USCIS to manage their workflow more effectively, which provides better customer service, and will eventually lead to better turn-around times.

    Pls inform Majority Members Democrats: More people will be able to get their citizenship in reasonable times.
    Member Name DC Phone
    Luis V. Gutierrez (D-IL) 202-225-8203
    Howard L. Berman (D-CA) 202-225-4695
    Maxine Waters (D-CA) 202-225-2201
    Bill Delahunt (D-MA) 202-225-3111
    Keith Ellison (D-MN) 202-225-4755
    Anthony Weiner (D-NY) 202-225-6616

    Please inform Minority Members Republicans: Companies will be able to attract more talent which improves economic performance."
    Member Name DC Phone
    Steve King (R-IA) [Ranking Member] 202-225-4426
    Elton Gallegly (R-CA) 202-225-5811
    Bob Goodlatte (R-VA) 202-225-5431
    Dan Lungren (R-CA) 202-225-5716
    J. Randy Forbes (R-VA) 202-225-6365
    Louie Gohmert (R-TX) 202-225-3035

    (3) As usual Do NOT get into the CIR issue or illegal Immigration. If the aide is confusing with CIR or illegal immigration, just tell them that these are legal immigration bills.
    (4) If the aide asks whether you belong to the district or not, tell them NO if you don't. Mention to them that you already spoke with your representative and would like the congressman/congresswoman
    support.

    Community of half million will appreciate and bless you for your efforts...
    Thank You
    House Judiciary Committee Members
    ... all phone numbers here from
    ... http://immigrationvoice.org/forum/showthread.php?p=286772#post286772 ....

    More info :
    Please take a minute and review the list of Judiciary members http://judiciary.house.gov/about/members.html. If you, your friends, or your
    family have any district-based connection with any of them, please reach out to these members (phone, email, fax, etc), let them know how important it is
    to get the bill passed this month and urge them to vote YEA on the bill. Constituent interest/support from key individuals, health care providers,
    recruiters and other organizations is critical at this stage.

    It will be great be to have major support from House Judiciary Committee http://judiciary.house.gov/about/members.html on Wednesday, September 10,
    2008. In these economic and crucial times for our country...





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  • virginia_desi
    05-23 03:39 PM
    Can I get the letter of Employment verification from my manager or does it need to come through HR in the company?



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  • mariner5555
    01-15 06:29 AM
    I have sent the letters today to WH and IV.
    I have also sent group emails to my batchmates from my engg college asking them to join IV. I think everyone should do that - this will help IV to Increase its Memberships.
    I had one more suggestion too - (this has recd less support in the past).
    we need to put in a statement that many legals are not buying a house because of the uncertainity in the GC process. even the congressmen will be more patient with our cause when we mention housing.





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  • chanduv23
    06-12 04:41 PM
    My piece of advice -

    I see that a lot of people are not happy about L1 visa holders replacing them or their collegues because the sponsering company is either not following the law or found a loophole.

    It is natural to get angry and frustrated. But I would suggest - not to be insensitive to those people as it is not their fault. Treat them well and good and help them understand what it is and why are you concerned.

    Do a proper assessemt on what exactly the issue is and definitely help ourselves to make sure fraud is not being committed.



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  • trueguy
    08-21 10:05 AM
    we should do something ASAP before they decide upon Oct'2008 VB. Before FY2009 starts, we should make sure they are aware of EB3 problems so they can come up with new rules for new year.





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  • B+ve
    10-08 07:11 AM
    Hi Friends,
    Myself and spouse got the GC last month (09/05/2009) and my kid's case was still pending. Today I received CPO mail for my kid.

    My kid's RD is July 2, 2007 and ND is November 19, 2007. Actually my kid's 485 was rejected and then reapplied during July 2007 due to old fee and new fee confusion, though I have provided actual fee. That's the reason for my kid's ND was nearly 5 months apart from the RD.

    Here is what I did:
    Took couple of infopass and numerous calls to Customer Service. Nothing did work properly... Getting same old replies - like, need to wait for 3 months etc... And last time when I took infopass, I requested the IO to expedite the process as this is a small kid's case and more over parents 485 approved. So IO got convinced somehow and expedited the case. After two weeks, got the magic mail.

    Best of luck who are still waiting...

    - B+ve



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  • anilkumar0902
    08-17 12:44 PM
    Your Case Status: Decision

    On August 17, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.


    During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.

    Case Status changed to Decision..with the above message today.

    After 2 failed marriages (i mean with 2 different companies)...some risk-taking ..coz, i left my second employer after crossing 200 days since filing I-485 , Used EAD and took up full-time employment with an awesome organization , and then later 2nd employer revoking I-140 that lead to an RFE ...and USCIS keeping the status Response received since Jan 2009 ...and now this ...after opening an SR on 08/10..Looks like it took an exact week since the SR was created.

    Of course, my roller-coaster was a small one compared to the rest of the friends in this forum.. Good luck to all and thanks to one and everyone.

    Cheers..





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  • krishnam70
    06-18 06:31 PM
    Biographic Information. Please read the form and the instructions in the www.uscis.gov (http://www.uscis.gov)web site. Good night.

    sorry my bad. do we need to fill 325 and 325A or just 325, infant also needs 325? Also would you please tell me if we need to request to add the applicant to mother's file? or no need to do that.

    thanks
    kr



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  • noman
    01-08 01:07 PM
    I have just mailed my letters, hand written! thanks for your help and support. Lots of prayers for IV.





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  • malaGCPahije
    08-07 11:24 AM
    If people can move freely between the categories then Why do we have categories?...:confused:

    How are people moving "freely" between categories? Man, if this was so "free" then would we have anyone at all in EB3 and even EB2...everyone would have moved to EB1 !!

    I do not think it is that "free". I personally do not think anyone would move jobs ONLY to move from EB3 to EB2. The move to EB2 could be a side-effect for a job move that was done for a whole different reason.

    Everyone has the right to do what they feel is the right thing. I feel supporting IV is right and hence have participated in each campaign from the time I joined. Sunny and Rolling are doing what they feel is right.

    I do believe in "As you sow, so you reap". Do good, get good in return (tried to translate 'kar bhala, ho bhala'). You all know whether what you are doing is right or wrong. When you reap the result of it, just remember that you got what you sowed. Be happy.



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  • Libra
    07-10 08:03 PM
    yup i know, am sorry.
    They are talking about 7 Eleven conversion to kwik E mart. Looks like you got the wrong piece of information.





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  • reddymjm
    09-09 11:42 AM
    Will do





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  • rockstart
    08-12 11:38 AM
    Update:

    CPO 8/4
    Decsion 8/5
    Welcome Letter 8/9
    PDA (Post Decision Activity) Text and Online Status change: 8/11

    Soft LUD 8/12 today.





    malaGCPahije
    08-08 09:41 AM
    If the job required a EB2 or EB3 but EB3 was filed earlier. Is that possible?

    for the same job position it should not be possible. When the employer filed in EB3, the employer must have provided all documentation necessary to justify the EB3 status. If now, the employer has to go back and indicate that the job requirement matched EB2 status, then that indicates something was not done right during the earlier application. That could right away trigger a RFE.





    simple1
    06-16 03:34 PM
    --
    Who actually controls the work? The client.

    Regardless of Fixed bid scenarios. The work is actually controlled by the client. You may be responsible for a part of the work.
    --

    I am talking about projects here. The project-sponsor is the client. They control the work.

    Not about product implementations for the products that were developed internally inside the visa-sponser's company.

    Repeating your quote here
    L-1B temporary workers can no longer work primarily at a worksite other than their petitioning employer if the work will be controlled and supervised by a different employer

    I have put color coding for better understanding. Please read it again.

    This is what I wrote


    I hope this clears your confusion.



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