Tuesday, June 14, 2011

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  • wellwishergc
    07-11 12:14 PM
    ^^^^^^^





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  • brandon
    July 18th, 2004, 04:33 PM
    Thanks. I was a little disappointed that the purple edges did not show up well in the original photo. That makes a big difference.


    Some reactions:
    On the rainbow shot, I would clone or crop out the dead twig on the right. Cropping is probably the better option because it will call more attention to the rainbow. I tried to process the image to bring the rainbow out more, but didn't have much success. Maybe someone else can help or maybe it can't be done.

    I recropped the flower image and did a little minor processing to bring out more of the detail, particularly in the highlights.

    Hope you don't mind me adjusting and reposting your images.

    Gary





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  • sathishav
    05-16 08:47 AM
    I am also in the same situation and I asked my attorney. He said that if we can get notarized affidavits from Parents then it is sufficient. So get the format from your attorney and get it signed by your parents. They need at least 2 affidavits who were present at the time of the birth.

    That is right. Each attorney has their own format, get your attorney's format and send it this.





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  • srkamath
    08-05 06:21 PM
    Dhundhun,

    What is your source for the 1% to 5% estimate?



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  • sweet_jungle
    10-22 06:39 PM
    One of my friends had his 485 pending. He took leave of absence from company and went on to pursue full time MBA for 2 years.
    In the middle of MBA, company had to remove him from payroll due to re-org.
    Green card came in a few months.
    He is now doing a hot shot MBA job using GC.
    Will he face issues during N-400?
    Is there anything wrong in what he did?





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  • kaisersose
    06-26 09:01 AM
    Hi,

    I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.

    I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.

    My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.

    Can any one suggest me on this?



    Thanks
    h12gc


    If you are working for A, but respond to a RFE with an offer letter from B - for whom you have no intention of working - then you are breaking the law.

    Your job with A should be similar to your Labor job and you should respond to any RFE with a copy of your offer letter from A.



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  • Jerrome
    10-19 10:45 AM
    I have got the A#. Thanks guys..

    is this the number same even to my 140? I guess this number is assigned at the 140 stage.

    so if i give a call to USCIS and ask the status by giving the A# will they tell me the 140 status.





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  • ganguteli
    03-24 11:06 AM
    As I understand, Employer needs to pay for H1B fees. If the employee is asked to pay, it is illegal and you can report to DOL and employer will be in big trouble.



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  • Ann Ruben
    01-20 12:50 PM
    Abhay,

    It is certainly possible that the response was based only on the information available online, but there is no way to know for sure. That is why it is important to get written confirmation that USCIS rec'd your RFE response.

    Ann





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  • prout02
    11-26 01:14 PM
    I don't have an answer to your question, but it seems a Cognovit Promisory Note could exist only between a creditor and debtor, not between an employer and employee.

    I am really surprised your employer went to this circuitous way to bond you for your employment obligation. Do take your note's language and consult a good attorney. This is some uncharted territory. Shows how creative these unscrupulous employers are. Still you may have a way out, if you can prove it is employment obligation related.

    Hi,

    My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.

    Question:
    Does this note have any significance according to US law, esp. Ohio?
    If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?

    What is my way out of this?

    I would be highly obliged if anyone can provide any help on this matter.

    Regards
    Chint001



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  • snathan
    02-15 11:55 AM
    Where is the law that inquiring about PERM process in a forum OR even with Attorney or Employer is not allowed ? Unless you can cite a law how can you call it illegal ?

    I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.


    Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)

    The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.

    DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.

    In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.

    Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.





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  • eb2dec2005
    09-26 09:49 AM
    I used AP to enter US in June this year.The IO stamp on my I94 and the AP document says 'Paroled unitl Sept 2009'. Should i consider the validity of AP until this date?

    However on the actual AP documents under the Parole paragraph mentions the following: 'The bearereeparted the United States temporarily and intends to return to the US to resume processing of the adjustment of status application.Presentation of the original of this document prior to Sept 27 2008 allows a Customs and Border Protection Inspector at a port-of-entry to parole the names bearer...........'

    Can you please let me know, what is the validity of the AP incase one is already out of country and is planning to return to US?Would the date on I94 be considered?

    Can the experts please reply to my question? Thanks,



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  • usgc07
    02-15 08:27 AM
    :confused:

    Gurus,
    Please advise.
    Can a spouse of Green card holder get an H1b visa.
    Spouse is currently studying MBA final sem.
    She has 3 year industry work experience.

    An US based corporation might be willing to sponser her h1b visa because she has worked for their indian counterparty.

    The question :
    Her husband is a green card holder and she must disclose it either on the H1B petition or at the time of visa interview.
    What are chances of her obtaining h1b visa ?
    I heard H1B is a dual intent visa.

    Thanks in advance for your time and efforts on this issue.

    USGC07





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  • thomachan72
    09-17 09:22 AM
    For a person holding a 10-year multiple entry B1/B2 visa, how long can they stay for each visit. Is it determined at the port of entry by the officer? or is there a standard like 30 days or something per visit? I know parents visiting can stay for max of 6 months. Can they travel across to canada and then reenter for another 6 months? Just curious.



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  • hoolahoous
    07-15 02:52 AM
    Hmm.. maybe i did not make it clear.
    What I meant was, if you make 4 copies of your photo and use two of them in one application, then USCIS is not allowing you to use remaining two afterwards claiming that picture should be recent and 'unused'. They are asking of 'different' picture altogether.





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  • Cheetah5
    01-28 12:03 AM
    Hi,..
    My perm was applied in Apr audited and finally heard that my perm denied in July 2010.
    Reason - travel language in the notice of filing but not on form 9089.

    Attorney will be filing for an appeal. Do you think its a good option ? Also how long would it take to receive an answer?

    As luck would have it , my H1-b 6 yrs expires in Nov -2010. However my company did apply for an extension to Oct 2011 based on my Perm. Now that my perm has been denied is that extension still valid?
    thanks,..



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  • nixstor
    11-17 03:46 PM
    Thank you for information

    What if I fall on category EB-3 and not from India and China. Can my employer still file it ? This is because the minimum requirement for this job is a Bachelors Degree even though I do have a masters degree.

    Big holler from me! You become EB3 ROW (Rest of the world).

    Find another employer who is willing to do an EB2 and you might have EAD in 6-8 months





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  • snathan
    12-19 10:32 AM
    History channel premiered a program "Naturalized" yesterday (12/18). They covered people from so man y different walks of life facing so many different problems to get GC and citizenship. But in the 90 minute program there was no coverage on how our community is struggling and no mention about the plight of the employment based category.

    Makes me wonder if there is enough awareness about our cause.

    Contact the History channel and ask the same question.





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  • sts_seeker
    07-05 05:09 PM
    Hey guys,
    See guys, My original LC was approved with PD of 2003 from this same company but I-140 was denied due to A2p and now is in appeal. This lc sub is from other worker with lower salary and he left the company 3 yrs ago and I am still working here. It's not like a desi consultancy where they sell approved labor, hold your h1 so you can't transfer your h1, get pay cut and put innocent people's status in jeopardy and create problem for everyone else who want to do LC sub in a honest way. It's a genuine LC substitution and I want to do it as long as the law allow me to do that.
    I am also fraustrated with USCIS messed up policy of doing whatever they want and hopefully something will work out for all of us in good way!
    thanks





    rolrblade
    02-21 09:04 AM
    Here is the problem with your case, in my view.

    You can use AC21 after 180 days provided that (1) The underlying I-140 has been approved or (2) The underlying I-140 is otherwise APPROVABLE at the time of adjudication.

    In your case when you filed for a new I-140 from Company B, it is still pending. Your argument of using I-140 from Company A, COULD make the underlying I-140 from Company B unapprovable, which will also be the case incase Company B withdraws the I-140 petition, prior to adjudication.

    If this happens then the I-485 petition will be invalid because the underlying I-140 (from Company B) is not approvable. It will be a long time before you really know this, depending on when they adjudicate your I-485.

    Then the only recourse left for you would be to file a NEW I-485 using the I-140 from Company A. Looking at the current PD trend, this could be years before you are even able to file.

    As for what ItIsNOTFunny says, about I-485 being your personal application, and not company's, this is true but always remember that I-485 is very closely tied to the I-140 supporting documentation (Bfeore 180 days and especially if it not yet approved)

    If I was you, I agree with other people are suggesting, if you want to keep your 485 application in process, you should try to wait it out till the I-140 from Company B gets approved. But again, everyone's personal situtation is different, so this is just a suggestion.

    PM me if you need more help.





    mariner5555
    05-15 11:32 PM
    wow ..so I guess there is hope :)



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