Friday, June 10, 2011

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  • dpp
    06-20 05:42 PM
    I am confused. I have I 140 approval copy but it does not have A# in it. I know lots of people who have approved I 140 and they have A# in it. Please let me know what should I do in this case?

    Just leave it blank. But my approval has it and so i am using it.





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  • Berkeleybee
    05-24 11:40 PM
    We need to get started on this right away and reach Senators before the vote on these amendments take place on May 25, Thursday!

    For instructions please see

    Web-fax
    http://immigrationvoice.org/forum/showthread.php?t=941

    Phone campaign
    http://immigrationvoice.org/forum/showthread.php?t=942

    Thanks,





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  • jlt007us
    09-14 01:20 PM
    Case 2:

    I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
    But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.

    1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
    2. EAD/AP based on filing of case 2 is invalid.
    3. Depends on what you are working on? H1b? EAD?

    The recent I-140 that has been denied is based on case 2. Though I have multiple labours, I always had one active I-140 in processing. As my H1 was denied and is pending an appeal, I believe my EAD automatically kicked in as that is valid.





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  • GCwaitforever
    09-19 09:43 AM
    You can start Greencard application in EB2 after receiving the MS degree in December 2006. H-1B and GC are two separate entities.



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  • sbmallik
    05-28 03:54 PM
    Looks like I misunderstood your situation, you will be paid from Canada but working from a remote location ... somewhere in US. This will be tricky as H-1 visa requires an US employment whereas H-4 does not permit working at all. Perhaps a lawyer can explain.





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  • stuckinmuck
    02-09 09:33 PM
    I will help with drafting something. Any more guidance on what needs to be included? Also, can we have a 'editor' who can help with finalizing the letters? Somebody who has good English speaking skills and is good at weeding out unnecessary stuff from the letters.

    We also need to get hold of solid numbers which would justify not having this amendment. In this economic climate, people might wonder why new H1B hires are required.



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  • unbreakable
    03-17 11:20 AM
    Thanks guys for your replies. Will keep you posted on my RFE.





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  • sduddukuri
    02-09 08:24 AM
    Not sure, employer is not sharing the "reason for denial" letter. Since me and my wife went to india and got visa stamped, i didnot force them.



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  • dask
    12-09 03:25 PM
    At last my turn comes in January.....now the real fight begins.....any information abt how to get name check status....etc. my FP was done in Sep 2007....did not receive any new FP request...any insight on that gurus.

    Happy holidays

    ~dask:confused:
    EB-3-I
    PD:Jan 31st 2002





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  • alterego
    09-14 06:06 PM
    People need to understand that there are some legislators who might want to push legislation favorable to us. They can only do it if they can convince other legislators who are on the fence that:

    1) A lot of good people are affected by this. (legal,peaceful,high skilled etc) The crowd there(YOU) on Tuesday will speak to this.

    2) They mean business, if we do not act they might leave and we need to act NOW to keep them here.(if many thousands of them can come from all parts of the country, they must be serious)

    3) These guys have the support of their employers.(they got/took/were allowed time off from work)

    Now in these points, can you see how a friendly lawmaker can use a big successful march to convince his colleagues? This will be like a massive tonic to all the lobbying IV has been doing behind the scenes.
    Last year when hundreds of thousands of illegal immigrants took to the streets did you see the impact on legislators? One big difference here is we are legal. That will leave a more powerful impact if it is big.

    This is a small price to pay, and it will help you tremendously to speed up the green card process. Lets show solidarity. Every one of us who goes to this will feel proud of the change we manage to bring. If this makes the national media in a big way, I am virtually certain we will get a favorable resolution to our issues. A lot of forces are with us here. Just look at the 13 governor signed letter. Just look at how hard the big high tech. companies are pushing this.



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  • snathan
    03-28 12:21 PM
    Hi,
    In 2005 I was working at california and my employer was at NJ. I did my tax filing with a all state agent abd he filed taxes for just NJ and federal.
    Yesterday I got a notice from California that I have filed taxes using california address and didnot files state taxes for CA.
    and I need to proof that I filed the taxes that year or file the taxes.

    I went to HR block and prepared taxes for 2005 and mailed to them.

    Same thing was there when I filed for 2006 taxes, my consultant didnt filed the taxes for CA.
    So I prepared taxes for 2006 also and mailed to them. Both I mailed as a physical mail.

    Did any one had similar experiance or any issues?



    If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.





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  • eilsoe
    10-02 01:17 PM
    Actually, my secret is a tutorial i downloaded a million yeras ago, I just never tried it because it scared me. :P

    The tutorial is nearly impossible to do, because the author doesn't tell you how to make the starting blob...

    But i tried to make something in 3dsmax, and worked from there, and this is how it turned out...



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  • chantu
    08-21 10:36 PM
    Again, no problem at all. My parents will come after 1 year after getting their visa. It is same case with me. But make sure that when they come, they should not overstay beyond six months or whatever I-94 date.

    Guys, thank you so much for your replies. Thanks for giving me the ideas on how to address the letter. My parents cannot read/write/speak English (not a single word), so I thought it would be nice for them to have a letter to show at the port of entry. They are traveling with a boy from back home who is a student in a nearby university.

    One more question if you guys do not mind, my parents asked for visa to attend my graduation in Dec 07, but they could not come at that time. There were two reasons, 1. did not find somebody to travel with right away and 2. after a month or so, my grandma got sick and was in hospital for a long time. She passed away a month ago. Do you think my parents will have trouble at the port of entry as they did not come for graduation and coming after so many months? Thanks.





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  • trump_gc
    07-06 08:19 AM
    I would send in a notorized affidavit from the parents stating that the right name is so and so and that the regitered name in birth certificate was in-correct. you can send in some more supporting docusmnrts like , school / collge graduation cdertificates...wonder why u have the wrong name in marrigae certifcate,,,birth certificates I understand, but why is it wrong in marriage certificate?



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  • Macaca
    04-22 09:07 AM
    Passing On H-1b Costs to the Employee? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) -- Smart Business Practice or DOL Violation?, by Michael F. Hammond and Damaris Del Valle

    After all the costs associated with an H-1B petition are totaled, the sum can be alarming. In order to offset this cost, some employers ask that the beneficiary, the employee who is being hired, reimburse the company in whole or in part. Which costs may and may not be paid by the beneficiary can be a tricky matter. What follows is an analysis of H-1B costs and who may pay what.

    All deductions from an H-1B worker’s pay fall into three categories: authorized, unauthorized, or prohibited. Authorized deductions can be taken without worry of whether or not such a deduction will lower the employee’s rate of pay below the required wage rate. Unauthorized deductions, counter to what the term may connote, can be taken from an employee’s wage but are considered non-payment and are only allowed if the beneficiary’s wage rate, after the deduction(s), is greater than the required amount listed on the Labor Condition Application (LCA). Unauthorized deductions cannot push the employee’s wage below either the prevailing wage rate or the actual wage rate, i.e. salaries of those similarly employed and qualified at the work site. Prohibited deductions may not be taken from the employee’s pay regardless of the effect they would have on the required wage rate.

    The most straightforward of the deductions is the prohibited deduction. The Training Fee associated with the H-1B petition is the only prohibited deduction associated with the cost of filing an H-1B petition. Rajan v. International Business Solutions, Ltd. and the language in the relevant regulation make it very clear that the Training Fee is to be paid by the employer or a third party; it is not to be reimbursed in part or whole by the employee. This fee must be completely shouldered by the employer or a party who is not the employee.

    Deductions are considered by the Department of Labor (DOL) to be authorized if:

    The deduction is reported as such on the employer’s payroll records,
    The employee has voluntarily agreed to the deduction and such agreement is documented in writing (a job offer which carries a deduction as a condition of employment does not meet this requirement),
    The deduction is for a matter that is principally for the benefit of the employee,
    The deduction is not a recoupment of the employer’s business expenses,
    The amount deducted does not exceed the fair market value or the actual cost (whichever is lower) of the matter covered, and
    The amount deducted is not more than 25% of the employee’s disposable earning.

    An Education Evaluation arguably qualifies as an authorized deduction. Similar to a translation fee, which is payable by the employee, the employee is benefiting from the evaluation and will be able to use it in the future in his/her private capacity if s/he so wishes. Of course, if the employee is paying for the evaluation, then s/he must be able to acquire a copy of the evaluation so that the future benefit upon which his/her payment is presumed is a real possibility.

    Attorney’s fees associated with obtaining H-4 status for family members accompanying the Beneficiary may qualify as authorized deductions since the Beneficiary is the party who primarily benefits from such fees. In addition, attorney fees associated with visa issuance, assuming that international travel is not a requirement for the position, could be properly considered as authorized deductions. In order to properly deduct the attorney fees associated with these processes, it is important that the attorney break down the specifics of how much is being charged for each element of the H-1B process- this will allow the employer to deduct those fees associated with the retention of the visas for the accompanying family members without concerning itself with the deduction requirements necessary for unauthorized deductions.

    The circumstances surrounding the Premium Processing Fee determine if deduction of the fee is to qualify as authorized or unauthorized. While the speedy decision that the Premium Processing Fee guarantees often benefits both the employer and the employee, it is important to take notice of which party requests and benefits most from premium processing. If the employee has decided to utilize premium processing for his/her own personal benefit, then the employer may be reimbursed by the employee in accordance with the requirements established by the DOL for authorized deductions. If the employer is the party desiring premium process and who will benefit from such processing, then any deductions from the employee’s pay are unauthorized and, as such Deduction of attorney’s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer’s business expenses and, for this reason, are not authorized deductions. These fees may be deducted from the employee’s pay so long as they do not drop the rate of pay below the required wage rate.

    It is not clear whether or not the Fraud Fee which was implemented in March 2005 is unauthorized or prohibited. The language of the act regarding the Fraud Fee states that “the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition.”10 Almost identical language is used in the Act to refer to the Training Fee.11 Such similarity could be read to mean that the restrictions of the Training Fee also apply to the Fraud Fee. However, 20 C.F.R. 655 is explicit in saying that the employee cannot pay the Training Fee; no such statement is made regarding the Fraud Fee. The regulation regarding the Training Fee, 20 C.F.R. 655, predates the creation of the Fraud Fee, which may explain this discrepancy. Nonetheless, the language referring to the Fraud Fee is not explicitly prohibitive and an employer may decide to be reimbursed by the employee. If an employer chooses to do so, any deductions from the employee’s salary to pay for this fee must meet the DOL requirements for unauthorized deductions. 12

    Before any payments are made by the employee or deductions are taken from his/her pay to reimburse the employer, it must be determined if such deduction is permitted and if so, whether or not it is authorized or unauthorized. Once these preliminary determinations are made, appropriate steps must be taken to ensure that the DOL’s requirements are met. As a practical matter, there are very few circumstances in which the prospective employee could legally be made to pay for the costs associated with the H-1b process without an employer risking non-compliance and causing significant record keeping.





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  • Anders �stberg
    March 3rd, 2004, 02:38 PM
    This is looking down the stairs outside my office, saw this for the first time today. I had the wrong lens and no tripod, so I just shot a couple to get a feel for the motif. This was the least blurry of the bunch - handheld at 1/6s isn't my strongest skill. :)

    What do you think, is this anything? It has been done a gadzillion times, but maybe one more is interesting? I'll go back this weekend when the place is empty, with a tripod, and get a bunch of different versions. Anything you'd advice in terms of composition, angle, lighting etc?

    http://www.interimlocation.com/fretnomore/photo/10d/pictures/misc/Stairwell_2673.jpg



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  • m306m
    12-12 03:32 PM
    Vallabhu is inaccurate. You can leave the US with an expired I94. Immigration Officials do not collect the I94 from an individual, more often it is the airline staff who collect it and pass to immigration. Also you status come into play when you enter the US. When you fly in just show your AP and I485 receipt and you should be fine.

    Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .





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  • zoooom
    07-17 06:01 PM
    All,

    I just made a payment for IV. I stongly believe now it's our turn to help IV. I don't want to talk more about this but if you think you got any benifit because of IV please make your contribution. That's the truthful way of saying 'THANKS'
    Agreed...Guys lets contribute for a great cause.





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  • El Hacko
    June 17th, 2006, 12:58 AM
    Great concert shots Antonio. The exposure levels and color balance/saturation are perfecto! Bravo!





    va_labor2002
    08-23 11:13 AM
    please continue to send mails to your local lawmakers regarding Skil Bill. Use the webfax too at
    http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46

    There are orgnizations that are opposed to this bill and are stronger than us. Only consistant efforts to make our voices heard would produce favorable results. We need letters comming from all members to these lawmakers so that when we lobby, these lawmakers already know that there are a lot of people who want this done and there is a broadsupport for such reforms.
    FYI Numbersusa have been sending messages against this bill--
    http://www.numbersusa.com/faxcenter?action=preview&ID=5665
    --
    Please do write your own mail to your local senator and congressman to communicate the problems faced by us.
    The useful information is available here--
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
    --
    Please tell your friends too.

    These are good suggestions. What can we do as a group ? Can we arrange a demonstration in DC ?





    ilwaiting
    07-01 03:18 PM
    Then looks like they have to review at least 94% of the cases they rejected.

    Mostly of the people just think its just giving the annonymous name,phone numbers and getting the benefit of the decision .Please read these point and understand carefully before jumping.

    Please be aware, though, that USCIS is likely to examine plaintiffs� adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding �discovery.�

    http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf



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