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  • ashwaghoshk
    03-19 05:40 PM
    Finally, labor filed on March 11.Unfortunately labor process stalled from March 1. Badluck still continues


    How do you know that the labour process has slowed down from Mar 01 2011 ? Any source for this info? Please share.





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  • prince_waiting
    10-20 03:25 PM
    Choose your pick fellow IVians,
    On one hand we have Sen. McCain, guided by Sen. Martinez and the hispanic lobby on immigration reform favoring family based immigration applicants. Also Limbaugh and Hannity followers will be ready to demand their peice of meat after election and will go to any extent to protect the white character of middle America.
    On the other hand we have Sen. Obama, guided by the man we love to hate Sen. Dick Durbin, who is ready to put on the squeeze of programs like H1B and the EB PR. Also the Dems as a political party are more interested in attracting new less educated immigrants to their side.
    Our only saving grace Corporate America, right now is not neither enjoying any patronage nor any good reputation on Capital Hill.
    Guess it is going to be a long wait for us 'Highly Skilled Legal Tax Paying Immigrants' before we are going to be embraced by the American dream.





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  • Imigrait
    01-30 02:39 PM
    It is my fault. I should have explained it better.

    The immigration laws are very confusion. Entry on AP is legal entry and it is ok, but it is not considered as lawful entry for I-485 approval process ONLY. For last lawful entry, USCIS looks for last entry on non-immigrant visa.

    Hope that helps.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin

    I agree with the point above, but does this even apply to CrazyGhoda/OP? Because, he already has I485/AOS pending, which is a legal presence in the US in itself. Hence, I don't see him accruing any "out of status/illegal presence" days. He "MIGHT" have to show a future/current employer who is sponsoring his GC, depending on what his RFE asks for.

    Please comment.





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  • RNGC
    09-19 04:36 PM
    Million thanks to IV's superior organization. I am glad that my friends and I attended this event. It's just a little sad to see the local news channels reported the small protests by illegal immigrants in the Prince William County in MD but not our well-organized rally. Many people passing by us still think we are undocumented. I fully support the ideas from other members that we should highlight "LEGAL" everywhere.


    I am suprised too!!! I just saw couple news agencies covering this rally....IV organisers did a great job in pulling this one....

    but I am just curious to know why there was very little TV coverage for this event.....



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  • Jaime
    09-12 02:14 PM
    You still have time to arrange your plans and attend! Here�s why you should come:

    You have probably made up your mind not to attend the rally. Perhaps you think that already many people will attend and that one more or one less person (You) will not make a difference. But it will! In fact, let�s not even think about whether one more or one less person will make a difference. Rather, I invite you to think this way: Do it because it�s right! Do it for yourself! Think to yourself that you would do this even if you were the only person attending the rally. Think of Gandhi. Think of Martin Luther King.

    You have been very frustrated for years with this broken immigration system, right? Perhaps you�ve been stuck for years, no raises, spouse cannot work, children aging out? How many times have you wanted to tell Congress what�s on your mind? This is likely your ONLY CHANCE to do so! Again, think of this in terms of you attending even if you were the only person attending. Attend because you are mad. Attend because you want to see change. Attend to make yourself visible, and make everyone out there know of your silent struggle. The silent struggle that you have had to put up for years. Even if that�s all you do, you will feel better. People will know the unfairness that you have been treated with! Attend because IT IS THE RIGHT THING TO DO! If your friends are not attending, try to convince them, but if they choose not to go, don�t let that influence you! Sometimes in life we have to do things just because they are right, no other reason. Will this rally work? Will lawmakers listen? Will my employer be mad that I took a day off? Will I have to spend $500 to get there? None of that matters! The only reason of why you should attend is because you have been abused, and you will not take it! You have dignity! You will go and tell Congress to stop messing with you unfairly. You have the power, freedom and OBLIGATION to do so! Your children will be proud of you. If you do not attend the rally, it will be a once-in-a-lifetime lost opportunity! LET�S GO! WE CAN DO THIS TOGETHER!!!!!!!!!!!





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  • feedfront
    09-20 12:06 PM
    Does anyone know, how much attorney gonna charge to reply RFE?



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  • nixstor
    07-04 08:56 PM
    Excellent analysis but it does have flaws


    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.


    We all understand this and what you are saying, But What is in law is more important than OB's recommendations. First of all the office of OB might not have recommended to pass on any name checks. It might have advised to some how expedite them. More over, I dont think that they take the annual report seriously. We know how many times DOS officials and USCIS officials testify before congress. Why don't they tell congress that in order to clear backlogs

    a) They need FBI to expedite name checks (they might have testified about this)
    b) They need to recapture visa numbers (AFAIK, they never did this because your case is not pending unless you filed for AOS/485. We are not a part of the back log)

    Their biggest problem now is if all of us file for 485, we will continue to be the back log for ever on the back of USCIS for ages to come unless recapture occurs. What ever be the number 200K or 700K, they simply dont want it.



    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.


    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Understood, if they can clear 60K cases in 18 days, I doubt they will have any issues clearing them in 90 days. It goes back to the point of us becoming the biggest hump on USCIS


    There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.

    I think we all agree that there was no need to make every category current given that we know how many will become eligible for 485 filing. How ever, The OB's office will be pretty pissed if they use him as the trump card. Also, I got the annual report from OB's office in email on Jun 12th 07. VB came out on 14th? What you are saying is USCIS has worked over night to analyze OB's report or they had access to OB's report 15-20 days ahead. Everything points to me that there was a lack of communication between the two agencies on an issue with huge stakes.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.

    We need to do both as the success is not guaranteed in either situation. I do not know if AILF will win the law suit. On the other side, Senators like Kennedy who control immigration issues will not give a damn in the current situation. If the issue gets to a point where USCIS & DOS officials testify before congress, the root problem will be solved. If we just win the lawsuit and get in, USCIS is only going to sulk us for 10 years in the name of security check.In the end, We should be able to portray the whole situation as if USCIS has been put in a ugly predicament to utilize visa numbers under the arcane laws. Bashing DOS & USCIS left and right now is not of any use in the long run.





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  • dvb123
    02-03 10:03 AM
    I cannot post the company name here because it maybe a copyright issue. A consulting company advertises ROW guys/gals to join their company .It tells a story about a ROW guy who worked in a fortune 500 company for 5 years but they did not file a green card for him. He joined SAGA and got his green card immediately and the whole process from PERM - GC card took less than 9 months.

    I think his perm got cleared in less than 3 months and he must have filed i-140/i-485 concurrently. Thus he must have got a GC in 9 months.

    Congratulations to XYZ for receiving his Green Card from XYZ as well. XYZ had applied for his labor on 1/30/2007 and received his final Green Card approval on 9/13/2007- that is less than 9 months. His case was filed under the EB2 category. He is a citizen on South America who was working for IBM for 5 years and was no where with his Green Card with the them. He then made a transition to XYZ and we filed his case immediately and today his final stage, I-485, has been approved as well.



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  • vnkpaul
    09-15 04:09 PM
    I am currently working for company X on L1B visa, my visa is valid till Sep 2009 and My I94 is valid till Apr 2010. I was in India in April 2008 and I had applied for a H1B visa via company Y (in US) in April 2008 and my petition got selected and approved in the lottery and I am eligible to get it stamped from 1st October 2008.
    I have been on L1 2 times for about 1 year duration each time.

    My questions are:

    1. Since I was out of US during the H1B application filing, my H1B will only be valid when I get it stamped by US consulate in Canada? (I had specified that as my port of entry to US knowing that I will be in US at that point of time)
    2. Can I continue to work for company X based on my L1 till I get my H1B stamped, which I plan to get done by Dec 08?
    3. At the US consulate, at the time of stamping if they reject my H1B application would my existing L1 be still valid or they cancel that also?

    Please reply... Thanks in advance...





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  • GCOP
    07-11 02:07 PM
    How many applications are pending for EB-3 (I). ?
    Currently the tunnel is closed at the end for EB-3 :mad: and the only way out I see is for us EB-3 folks to dig through. No one cares about EB-3 I folks. That's the way I see it.



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  • meera_godse
    01-30 12:55 PM
    Hello,
    I am on H4 visa and thinking of filing for an H1 through a contrating co. But I have also heard the horror stories of these desi contrating co. which makes it more difficult for taking a decision.
    i do not hold a US degree but i do have job experience from india. Can anyone advice on how to go about this situation.
    Its essential for me to travel to india this year. If I go ahead and file through some co, will there be a problem at the consulate when i go there to get my visa stamped ? Is it advicable to travel during such a transition ?
    What happens if I am unable to find a project & I'm on bench ? Am I an illegal resident in such situation ? please advice.
    mira.





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  • alisa
    01-18 10:10 PM
    just sent it to you
    wasn't sure i could put a file here

    The following is a copy paste of the hopeless situation for many many of us, from the presentation paskal was referring to.

    Please add more facts, figures, numbers.

    There are around 147,000 employment based Visa number available every year.
    Each country in the world, irrespective of population, equally share from the same bucket for Visa Number.
    Total there are 100 (suppose) country in world. Each country will get 1470 Visa Number allocated / year.
    This 1470 will be divided between EB1, EB2 and EB3 category
    That means every category will get 490 Visa Number.
    USCIS statistics show each household has at least two member. So only 245 household from India in EB3 category will get GC in a year.
    Total GC application pending with USCIS is around 1MM.
    In simple you are in a funnel and if you don�t act now you will be in funnel for lifetime.



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  • arsh007
    02-01 11:38 AM
    Looks like there is now an increasing awareness of how Desi Consulting companies are bringing in a bad name to the entire desi population in this country.

    Found this email from Google H-1B Group: from
    infoprovider_ 2 at yahoo dot com.

    Hi,
    I would like to inform you about the large scale fraud going in the
    technology world today in USA. I know of many small-mid sized IT
    consultancies in US, which are founded by Indians. They recruit people
    (1) with degrees from various fields, most of the candidates recruited
    don't ever have any experience in computers. They train them in some
    tools (2) and change the resume totally (3), someone who has knowledge
    relevant to the job takes the interview instead of the actual candidate
    and they get placed. Ironically, even though these jobs advertisements
    say that around 5 years of experience is required, usually someone with
    not so high aptitude and limited trainig in that parituclar tool (2)
    can manage to sustain in that position, this is very real, these jobs
    can be done that way. They manage to get jobs in the biggest of US
    companies (4).


    This consultancy fraud is know to almost every Indian working in the
    technology sector. The consultancies almost don't take any one other
    than from India and surronding countires like Bangladesh, Srilanka. 99%
    of those i have seen are from India and the remaining 1% from
    Bangladesh, Srilanka etc.

    How many are doing this?
    I believe there would be atleast a few thousands of consultancies.
    Wanna find them? SOme of them advertise in Indian content sites such as
    sulekha.com. Look at the right hand side of the page
    classifieds. sulekha.com

    Who is loosing due to this.
    If this jobs can be done by someone with no experience in that
    technology, can't these be done by those americans who have a better
    experience (say 2 years or even 1 year), these folks work sincerely and
    go with correct resumes get X dollars where as the fraudsters get 3X -
    5X dollars.

    I don't say that every one from India are doing this. But a significant
    many are doing this. I know around 30 people working in US in
    technology sector. Over 20 are working this way. I can confidently say
    hundreds of thousands are doing this today and each year at least 50000
    (from student pool, dependents pool, directly coming to the
    consultancies as H1b workers from India) are joining them. Also, I am
    talking about the small to mid sized (1- 1000 people) consultancies not
    the big Indian consultancies such as Infosys and TCS.

    Solution:
    A lot of things can be done. But the simple thing that's easy to
    implement by the americans and thus not impede their productivity by
    spending too much resources in verifying the authenticity is this
    Let the INS provide the details of the H1b holders to the companies
    when asked by the companies only (this is similar to letting others
    e.g., housing provider, know about one's credit history). So, with the
    applicants SSN the companies can see the basic information like when
    the applicant has got his H1b approved and the resume submitted by the
    applicant with his H1b application (usually not many applicants give a
    very wrong resume to the INS while applying for the H1b). This
    eliminates almost all the cases of fraudsters (since they can't come to
    US today, one or two years ago and say that I have been working here
    for 5 years). This is one simple solution, easy to implement.
    There are many othere solutions



    (1) Whom do they usually recruit

    Thousands of students come from India every year to pursue Masters
    degree. They come to pursue Master's in various fields, the fields in
    which they have done their bachelor's back in India. Only about a
    quarter of them manage to get jobs in the fields in which they have
    done their Master's as direct employees of the companies. The remaining
    join these consultancies as they can easily get jobs through the
    consultancies.

    Dependents, mostly those who come as spouses (coming as wives). They
    might have done some bachelors degree or Masters back in India in some
    field. Many of them not in computers. They don't have any experience
    there. They can easily be placed by the consultancies.

    SOme others pay these consultancies for sponsoring H1b visa. Typically
    the consultancies take the fee required for teh application and the
    lawyer fee (usually USD 2500-USD3000) . SOme of these cases are those
    with experience in IT in India. But significant number of the remaining
    are not experienced. Recently I have seen people who have been to other
    countries for their studies like Australia and Europe coming through
    the consultancies this way. Even most of these guys have no experience
    in IT, most experience in no field.



    (2) Which technologies they work in
    I have seen that the technologies they work in are in which the pay
    rates are high (because of lack of skillful people) like SAP,
    DataWarehousing tools. They also work in other fields like Testing etc.
    There are literally hundreds of thousands of jobs in these fields.

    (3) How much is the resume changed
    They change the resume totally. Every resume says the person has worked
    in US for over 4 years, doesn't matter if it is someone who came for
    masters to US an year or two years ago or someone who very recently
    came as a wife to someone.
    All most everyone's resumes have over 5 years experience where as in
    reality almost everyone don't have that much experience. If someone has
    that much experience they wouldn't go through these consultants who
    take a big fraction of the pay they get from the clients.

    Can't it be detected?
    No, in most cases its hard (expensive) for the recruiters (the clients)
    to find the authenticity of the resumes submitted. There is no proof
    that these resumes are authentic. Just in case some references are
    needed the consultancies give a dummy reference, and some phone number
    (they can ask some contacts, their acquiantainces working in some
    companies to take the call,if at all they feel that the client will
    find out from the phone number which company does this phone number
    belongs to, but most of the client companies don't go that far too, so
    a guy's mobile number who is working in the consultancy itself can be
    given as referencees contact number). It is hard to remember the voice
    by the interviewer after a few days of the intrview and usually these
    candidates join at least after a week after taking the interview (even
    if the candidate joins in 3 days, its hard to remember the voice as the
    interviewer usually interacts with many people (particularly they being
    in team lead or managerial positions)



    (4) I personally know people working in Microsoft, IBM, TEK systems,
    Cingular, Amazon, Accenture, Citigroup etc. This says such people are
    working in almost every technology company in USA
    So then, how is an American, like me, who spent tens of thousands of
    dollars to get thru 3 yrs. in a technical school that ended with a
    Bachelor degree in Science with Computer Information Systems, with
    honors, supposed to get a job in the IT community while these
    fraudulent (most likely illegal alien Indians) take the positions away
    from me? I worked my a$$ off studying hard, working hard, worked at
    the school, even took an extra course study in computer hardware
    configurations, and STILL, these IT companies DON'T want to even speak
    to me because they OUTSOURCE from these FRAUDS! How FAIR is
    that???!!!





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  • reddymjm
    03-18 08:39 AM
    Its more than 5 yrs now I started my GC process.



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  • anurakt
    01-16 06:50 AM
    If you remember that I had pledged $1000 in last 20$ campaign and you guys could only shell out $500 out of me...which means that I still have a block of $500 which was not spent for IV in the past. Here is my next pledge :

    " I will donate a lumpsum amount of $500 when we have the following level of monthly contribution and verified by IV core members :
    200 members for 20$ and 100 members for $50 and 20 members for $100 , there is no date restriction attached this time , but I hope that it's done in this month, I call upon the members who can take this challenge and take that $500 from my pocket this time"

    Note : Kvrr has signed for $100 and I will sign up for another $100 , which means we have only 18 members to go for $100 monthly to finish one piece of my pledge.





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  • Aah_GC
    04-25 10:30 AM
    All,

    Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.

    Been in meetings all day so not even a chance to call anyone about it.

    Yay!

    Good luck to all my fellow sufferers!

    Googler

    May congratulations to you Googler and wish you have a great future ahead.



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  • rockstart
    03-12 08:36 AM
    To be able to use the AC21, should the I-140 be already approved for 180 days or more?

    No its 180 days since receipt date. It is safe that your I40 be approved but not necessary. The other condition is you are working in same/ similar job profile and you are getting wages equal or higher than what is mentioned in your LCA.





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  • psam
    06-11 12:15 AM
    This amendment treats foreign workers like slaves.

    When we need you, we take you in. But when there are layoffs, you are supposed to pack your bags and leave? Even if you are the best performer in your group?
    Layoffs happen at respectable companies like Microsoft as well. And Microsoft indeed has hired some of the brightest brains from all over the world. Why should families of these people take all the heat of layoff?

    I wish that next Microsoft, Apple, Google happens outside of U.S.





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  • RNGC
    02-24 10:49 AM
    Thanks. Sent you a PM.





    rustum
    08-21 11:10 AM
    Hi,
    My company filed EAD for me and my wife along with 485 recently. I am on L1 and My wife is on L2. Is is possible to file one more EAD on L2 status. Looks like, we can get EAD on L2 faster than EAD with 485. My company attorney is suggesting me not to file one more EAD because one with 485 is pending with USCIS. Is it ok to file one more with L2? how long it will take to get EAD on 485 and EAD on L2. Any help??





    ajaykk
    07-11 09:35 PM
    My PD is 06/27/06..should I feel happy or fingers x'd or just lucky....



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