Thursday, June 16, 2011

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  • ak27
    03-27 08:59 AM
    I had checked it with our Attorney and it is fine to work on Volunteer basis. However, there are very few oraganizations which will let you work. Working of the books is illegal...





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  • pmat
    01-31 03:06 PM
    how can one get copy of i140? does it not belong to the company?

    You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.





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  • mchundi
    02-16 05:04 PM
    I did some research on murthy.com and found that AC21 did abolish 'per country of birth quota' on recycled numbers. I am posting a link to this murthy.com article of Oct 6, 2000 which clarifies the issue.

    http://www.murthy.com/news/UDh1det.html

    If the link fails I am reporducing the paragraph here: -

    Major highlights of ACTA are listed below :

    Per Country Quotas for Immigrant Visas

    "Under Section 104, with respect to immigrant visas, the per country quota, which has been adversely affecting those from China and India and which the U.S. State Department had stated could possibly affect those from the Philippines in the near future, may have been resolved with this Bill. It has always been the case that not all of the available immigrant visas were issued, since most countries did not have enough applicants to use the total available. ACTA provides that if the INS or the U.S. State Department does not issue all of the immigrant visas that should be issued in that FY, the unused immigrant visa numbers should be made available to all countries without the per country quota limit applying."

    Retrogression started as the recycled numbers are no longer available and with that country quota showed its horrible effect. It is clear guys we have to concentrate our energy and our thoughts on this quota. Quota on the basis of "country of birth" on talent or skill needed is really hard to explain and we can have good logical arguments to support its abolition.
    Good work jungalee32,
    It is also part of our resource data base that sandeep compiled, where all these issues are clearly explained. That is why once we have the unused numbers it is like increasing the per country quota. It will bring the priority date to current for a couple of years(even if there are more cases than unused numbers with them. Just because they cannot process that faster)
    --MC





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  • raghureddy
    03-18 05:59 PM
    I have met the Senators office also last year they sent me a letter saying that USCIS is doing a background check on the company and that made me file my h1 extension from a different company.....i am confused as what to do at this stage i have a EAD which will expire in Jul 2008.



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  • viper673
    06-07 11:03 AM
    I got an RFE letter yesterday asking me to provide 1040 and W-2's from 1999.

    I will be digging in my papers and boxes to see if I still have copies of my 1999 and 2000 returns.

    The IRS does not keep records of 1040's for more than 7 years and when I called them they said they don't think they'll have a record of 1999.

    I'm hoping that I will find my 1999 return, but what if I don't? Has anybody here been asked to provide returns going that far? especially for an Employment-based application?

    The funny thing is that in 1999 and 2000 I was on an F1 visa as a student and I did have a graduate assistantship. I started employment in 2001.

    I feel like the officer is trying to make it extremely hard for me to get my status adjusted....

    PS: I received this RFE after the fact that I went for an interview at the local office and was told that "all my paper work is good and I should receive my card in the mail once the security check was cleared"; which I verified it was cleared a few days after the interview..





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  • siravi
    11-14 09:35 PM
    What you say folks?????????????????^^^^^^^^^^^^^^ Bump ^^^^^^^^^^^^^^

    ...and one way to become active if you "have already joined the state chapter"!



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  • GCNirvana007
    04-08 06:04 PM
    Please feel free to delete my id.

    I am done here. Wish good luck to everybody. Hope everyone gets GC soon.





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  • Sandeep
    03-15 11:54 AM
    hi Super_Moderator,

    Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...

    just to know whey we need to wait for later to add this...

    There is no question of waiting and watching here - please be assured that IV is doing everything possible to address this issue. This bill is not very straight forward due to the fact that it is entangled in too many complexities which we are not even a part of. So we have to tread very carefully here. IV is getting professional advice in this regard and it would make sense to follow that advice and not jump the gun.



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  • diptam
    09-26 04:50 PM
    Even if your employer revokes I-140 the PD is locked - Make sure you have a Copy of 140 approval Receipt Notice and a copy of the Labor PD. When you file new GC or 485 application just ask your company's lawyer to slip in the old 140 instead of new 140.

    This is a real cool feature but make sure you have to maintain H status all the time - i'm here for 9 yrs and whenever i think about these maverick cool steps i stop at the point of H transfer , extension and fear of getting H denied.

    If employer revokes I-140 (even after 180 days) and I-485 get denied, you lose your old PD. So it's not set in stone.





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  • ramus
    01-23 01:33 PM
    You need DS-157 only if you are between 15-55 age. When you finish DS-156 it should show you only if you need it. If you don't need it, I think you won't see it..
    __________________________________________________
    If you not already please send letter for admin fixes.
    __________________________________________________ ___



    Thank you very much for all the replies.

    Online we filled D-156 form (I guess you meant D-156 right?) but where is 157 (D or I but where do you find 157 form).?

    Thank you.



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  • bmoni
    12-23 04:28 PM
    Guys, If you have done it or any of your friends have done this please share your/their experience. I am not sure its possible to port I-140 PD when you change employers as it states clearly in the document. I-140 PD invalid if you misrepresent or fraud "This includes change of employer" .

    Thanks





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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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  • GCwaitforever
    08-16 11:25 AM
    I checked UK Embassy web site this weekend. Apparently they ask for original certificates while taking application for HSMP. That is a sticking point with me. Also could someone suggest a good site to look for UK jobs? What are the pros and cons? Any ideas on the life style in UK? What is the impact of latest terror plots on life etc ...

    I will post the Embassy links directly when I get home. You should be able to do it yourself without having to go through a middleman. I guess workpermit.com is a middleman.





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  • anilsal
    08-06 12:38 AM
    for the lucid description. Having local interviews can be stressful on people (and the sheer anticipation of it). I do hope your list of things can be posted on some blog or a place that is easily accessible later.



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  • shan74
    01-15 10:24 PM
    Hi Bhanupriya,

    Couple of questions:

    Did you directly requested 140 and labor documents in the form, or what was ur statement to request the documents.

    Also what are the documents u need to send along with the G639 form. Also if you can mention what to fill in each section that will be of great help.

    thanks





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  • karthiknv143
    01-02 03:03 PM
    Shouldn't be a problem. Infact I have done that. I travelled on H1 in Dec '04 when my H1 was to be expired May 2005. Did not have any problems.

    But make sure to consult your lawyer/firm before you travel.



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  • seahawks
    06-27 02:58 PM
    Consult with you Attorney first, as this is a very rare scenario for any one to answer in the forum. Also see if you can get this addresses when you go for the actual FP, Try to carry all the documents, Passport, Driver's License, etc and the copy of the I-485/ I-765 etc where you have the correct names.

    Attorney is the best source of information in this scenario. Also call USCIS and request them what needs to be done in this case. Also you can get a InfoPASS appointment and get this corrected.

    Reviewed all forms today. Attorney said if 485 form is correct, not to worry, go for FP and show all your proof.. but then I found out 485 form was wrong too, so waiting to hear from him.





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  • newbie2020
    05-18 08:01 PM
    We should note that this bill was introduced in mid march and we didn't have any clue (including IV) sometimes chances of such bills may be easier to pass if the bill author chooses to include the provisions into another bill. Sometimes it better to stay low and get the provisions passed..;) ..... Overall i feel the provisions of this bill may get included into another one like 6039 or so

    Contacting the authors and seeking their support will surely benefit us,

    What do u guys think?





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  • krishmunn
    01-05 12:55 PM
    They cannot hold your PF no matter what. Send a Attorneys letter (in India) stating that it is illegal for them to hold the PF and they should pay it immediately. It has worked magic for a friend of mine who quit one of the largest IT employer.

    As for OPs question on email being binding , it probably is not. To be a binding contract both party need to sign. When you say "Wipro didn't want me to stay longer" do you have any mail to prove that they indeed wanted you to leave earlier ? If you have that, they sure cannot do anything. As for Leave encashment, if it for leave earned in US, complaint to DOL using form WH4 (assuming you are on H1, not L1) .





    vethalan
    05-27 11:36 AM
    I E-filed on Apr-13th. Sent doc's on Apr-19th. LUD Apr-21st. No Photo's sent with doc's.
    Waiting for FP/Approval.





    ash27
    04-01 06:08 PM
    At the time of adjudiciation, can we show permanent offer letter from any employer? For e.g. If 1 filed GC through Employer A. After receiving EAD, 1 switched to employer B. At the time of adjudiciation, can we use permanent offer letter from Employer C for Green Card.

    Any information will be highly appreciated.

    Thanks,
    Ashish



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