Saturday, June 25, 2011

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  • glosrfc
    11-24 04:37 PM
    Good luck guys. :fab:


    Thanks...looks like I need it too! Now I've just got to figure out how I can split my solitary vote between my two entries :look:




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  • n2b
    07-17 01:03 PM
    DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.




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  • srisra
    02-01 09:19 AM
    Congrats...




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  • matreen
    01-22 03:00 AM
    I am also in similar boat....please advice guys....

    what happend once you invoke your AC21 and travell on AP ......

    What would be the best answers at POE if they ask I am working for the GC sponsered Employer?

    M



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  • benbear
    11-08 03:49 PM
    If this 655K number of AOS is true, then the number of pending EB AOS is NOT big.

    The total number of pending AOS in June, right before the July VB fiasco, is 597K.

    Because DOS controls FB cut off date pretty well, we don�t expect receiving spike and approving spike for FB cases in July VB fiasco. In another word, the number of FB received cases and the number of FB approved cases
    should be about same.

    EB pending cases in September only grows (655K-597K= 58K) compared with the number in June.

    This 58K cases probably are evenly distributed from 2001 to 2007, roughly10K
    every year.

    So, we should see big jump in EB Visa bulletin, since there are no BEC, 245i excuses any more and all the cases are in the hand of USCIS.




    per USCIS released information approx 655K AOS pending application as of end of Sept 2007.

    It's also has 281K EAD & 188K AP pending applications.


    So long way to go for GC journey...

    Source: http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf




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  • sbdol
    08-05 06:33 PM
    ...

    What if all the background adjudication of 485 is done in 1 year and then we change from EB3 to EB2, its not going to affect the current 485 ? It will just put the file in a better category ?
    If every EB3 is ported to EB2 then EB2 will retrogress to 2001 and EB3 will become current.



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  • neelu
    01-03 08:17 AM
    Thank you very much .




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  • TeddyKoochu
    05-19 01:59 PM
    How and how they can prove he is not going to do any work at the location, the client will not be charged for that?

    Get a letter from your USA office on their letter head that you will be in USA to do just business discussion, and stay will be very short.

    Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).

    Tell them you have to continue your job in India after the business discussions in USA.

    Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.

    just one cent info....

    I believe that @GCFrenzy your suggestions are good. For any business visa it is definitely a basic requirement to have a letter stating all the information that you are mentioning. I had also worked for a large Indian company and my first visit to US was on B1 this was immediately after 9/11 and the client gave a very similar letter in those days however you did not go to the consulate for stamping. Also if the company can state the duration of the trip and substantiate with a return ticket the chances of approval will be much higher the duration should be less than 5-6 weeks. Issuing visa is always in good faith and at the discretion of the VO. @Nathan I think it would not be correct to generalize even though what you are saying is correct because many genuine people are affected due to the collateral a damage. Think of this many people when they applied for F1 also stated in good faith that they will return to their home countries after their studies but most of them are still here and many of them on immigration forums :).



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  • reddymjm
    03-06 09:00 AM
    Hey fill in ur info.




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  • mmanurker
    04-13 01:54 PM
    In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
    I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....

    But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.

    Well all I can say is that you all are lucky and hope that the luck does not run out down the road because in US not knowing law is not an excuse and as long as DOL or USCIS does not find this out you are fine. Giving friends address and filing taxes using friends address and filing LCA to show that you will be working from a location in US and running payroll from that state but in reality working outside USA, to me if DOL/USCIS finds out then they might treat this as LCA voilations, fraud and misrepresentation and both you and your employer could land into trouble.

    I remember few years back some of the H1B employees as well as employer(owner of the company and few others) were handcuffed and arrested for LCA voilations...

    here is the old link from murthy.com:

    MurthyDotCom : INS Raid re: LCA Violations Against H1B Employer (http://www.murthy.com/news/UDraid.html)

    here is another one:

    MurthyDotCom : Arrests of H1B Employers Increase (http://www.murthy.com/news/n_h1arst.html)

    LCA voilations also result in H1B's revoked by USCIS. Its just that after Neufield Memo in Jan 2010 that the focus shifted towards employer-employee relationship but prior to Jan 2010, most of the talk on immigration forums were about the LCA and LCA voilations.

    About you travelling upto 4 months, I am not sure how your LCA is drafted and filed. but here is some info that If an employee works for more than 30 consecutive days or 60 aggregate days within a 12 month period at a location not listed on the LCA, the employer must file a new LCA documenting that change. OR employer can list multiple locations on the LCA filed the very first time itself.
    and about your taxes, you will be considered as resident alien if you lived and worked more than 180 days in the same state/place.

    Again I could be wrong here but this is my understanding considering the kind of cases that I hear abt LCA voilations and subsequent petition denials..
    Bottom line seek legal advice from attorneys.



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  • rockstart
    06-11 08:09 AM
    Its not possible to keep photo copies of each and every I94 issued. I think as long as you have all you I20 and H1B docs you should be good. Plus tracking I94 records is their job not your's




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  • vsrinir
    09-16 03:03 PM
    Pray God!!!

    It Is More Important!!!!!!



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  • srikondoji
    01-25 06:53 PM
    When decision making people or people at the top talk, then i believe there is a sense of realization about us.
    Atleast this should provide an easy opening of our case with top leaders.

    I am not saying that is it, they are dispatching GCs through Fed-Ex?
    If they did, i would be really surprised.




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  • ash27
    07-17 02:55 PM
    Guys,
    We need to ignore postings from Rockford. He is just trying to spread unnecessary rumors to gain attention. What a shame

    we really have to be morons to take anynonymous comments at face-value.

    or did you post the comments yourself and like the attention?



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  • JazzByTheBay
    07-11 10:03 PM
    Thanks to the person who posted the link to the Ombundsman report earlier - this is beginning to make sense now.

    USCIS Ombundsman report from JUNE 2007 says:
    "For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 - Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37
    - As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."

    Dept of State: Sees visa numbers not being used, chances of visas going unutilized/unused/wasted/lost again this year. Makes July visa bulletin CURRENT for all countries & categories.

    USCIS: Scrambles to approve as many visas as possible to 1) Prove they're working hard, in light of the Ombundsman Report from June 2) Save themselves from the avalanche of I-485s, EADs and AP filings in June, knowing 3) Filing fees go up like crazy on 30th July.

    End Result: More visa numbers requested (but they didn't complete issuing all of them, even over the weekend).

    As things stand, if they approved stuff on 1st July, it means visa numbers were in fact available on 1st July.

    If they approved without completing FBI check - that's going to raise a stink and isn't entirely legal anyways.

    If they *still had visa numbers available on July 2* - request from DoS but not approved, they're in bigger trouble, imho.

    Anybody thinks the above makes sense?

    jazz




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  • WeldonSprings
    05-27 01:48 PM
    120 days, but 90 days atleast


    Does anyone know how many days prior to expiration of EAD, we can file for extension?



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  • royus77
    07-12 06:58 PM
    fellow legal immigrations - this is my first posting on immigrationvoice.
    i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!

    now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks :mad:

    clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
    peace!


    You are trying to fight against Business Lobby ...It wont work




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  • JDM
    08-05 10:01 PM
    /\/\/\/\/\/\




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  • raju123
    05-15 10:45 AM
    ^^^^^ Please vote here

    Only 215 votes for EB2 India?

    Assuming an equal number for EB3 India, EB2 China, and EB3 China, we have a total of 856 people who have applied for PD?

    We have more than 8000 members, so are we to assume the 7000 and odd members are ROW?

    Something doesn't add up.

    Can ROW people please have a poll for yourselves?




    razis123
    06-16 10:13 AM
    Do RFE's for qualification and requirements comes only for LC or 140? I am with a similar profile but got LC and 140 approved and already filed for 485 last year. How much probablity is there that i might get an RFE for this for my 485 adjudication?

    education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.

    You can potentially get two questions in the RFE:
    - why does the job need a Masters (EB2 justification for LC)
    - why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).

    Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?




    shsk
    07-16 11:36 PM
    Hi,
    My attorney is requesting that I need to submit Tax return for filing AOS.
    I had sent W2 forms
    Is tax return separate from W2 , I am confused..:confused:

    Pls help



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