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  • paragpujara
    04-04 08:21 PM
    Hi GC gurus,

    I am in dilemma and seek your help desperately.
    Currently i work for a consulting company A (around 500 employees). He provided me with a pre-approved labor(EB2 category, pd 02/05) and recently got my 140 approved. The client(say company B) i am working for has offered me a full time position and i am willing to take it up. But according to the company's (B) policy the GC process can be started after one year of joining.

    I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
    1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...

    2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?

    Please provide me your input asap as i have to decide very soon.





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  • amsgc
    03-31 06:03 PM
    I hate to be nitpicky here, but that is not what Ronnie said.

    Ronnie stated in no uncertain terms that "Immigration and Tax Filing are not at all related". This statement, in any which way you look at, is factually incorrect. Unfortunately it perpetuates the misconception that your non-immigrant status (which is an integral topic in the subject of immigration) has nothing to do with your taxes. In fact, many people often make this mistake, only to be corrected when presented with the 1040 instructions, and Publication 519.

    If Ronnie had said something to the effect that filing jointly or separately will not have an affect on your immigration status or Green Card application, then I might not have objected. However, it should be filed in compliance with the law.

    I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.

    If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !





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  • ArkBird
    06-24 06:07 PM
    Even though your wife is not taking salary, if she is owner of the business, she is considered "paid". In the worse case scenario, your wife will have to stop working till you get EAD or you can use protection 245(k) i.e. illegal employment for less than 180 days.

    If it is VERY critical, I suggest consulting a lawyer as most of what we post on this forums is personal knowledge and may not be the actual law! :)

    Cheers

    ArkBird

    Hi all,
    We applied for my wife's and mine EAD on April 27th (paper based)
    I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010

    I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
    She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.

    Additionally , she has a valid H4 as well.
    I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble

    Pls reply
    Thanks in advance





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  • REEF�
    06-11 03:59 PM
    VDAMINATOR!

    THAT BRA LOOKS LIKE IT WAS DRAWN WITH PHOTOSHOP!

    You p0rn lover...

    Look at that...the right side doesn't even have that strip. And she's wearing a white one thats just probably coming off...

    Nice work :beam:!



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  • Sakthisagar
    06-11 11:35 AM
    Having a "current" priority date, however, does not assure that a case will be adjudicated. The CIS, despite policy pronouncements to the contrary, clearly does not process cases on a "first in, first out" basis. Indeed, there does not appear to be any rational basis for their case selection scheme. The CIS Ombudsman has accused them of "picking the low hanging fruit" - meaning that they take "easy" cases in preference to "harder" cases, no matter when filed.

    Applicants should not reasonably expect the CIS to adjudicate their pending adjustment of status applications shortly after their priority dates become current. Understand that when your priority date becomes current, that is just the start of the fight. You need to initiate vigorous inquiries through the CIS Ombudsman's office, the office of one of your Senators or your Congressman, and your own written inquiries and InfoPass appointment inquiries. Do not sit back and assume that they will do the right thing. Get on them and stay on them until your case is adjudicated.

    Most important of all, do not simply assume that when your priority date becomes current, your case will be approved.





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  • k_sing
    09-18 03:26 PM
    I had a question which my accountant cannot possibly answer.

    I have had my stock trading account with Scottrade (an online broker) for last 5 years. They send me a 1099 form every fiscal year for tax filings.

    I have now come across a proprietary stock trading firm which offers me significant advantages if I do my stock trading through them. There however is a difference and I am not sure if I can indeed trade with them due to my H1B status.

    They are a privately owned LLC ( trust) and if I open a trading account with them, then I am accepted as a 'member' of the trading firm and at the end of the fiscal year, they would provide me a K1 tax form which would reflet my share of profits from my stock trades.

    Is this something I can do while on H1B ? Can I be a member of their LLC / TRUST and get a K1 tax form against profit from ny stock trades?

    From this specific unique situtaion arises another generic question out of curiousity.
    Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that.

    Thanks in advance for your answer.



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  • jsb
    01-21 09:07 AM
    hi dionysus
    i got this from some requirement agencies

    If it really has some source of information (and is not a pure rumour), then it may come out as some kind of order that PD cutoff dates can only be moved forward (i.e. no retrogression). We all know, moving dates like a yoyo does not make any sense. It only tells that decision makers over there just don't know what they are doing. This order might force them to think and work before issuing new cutoff dates.





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  • like_watching_paint_dry
    02-27 07:43 AM
    Congrats!! And 6 months more of working for a bad employer is a small price to pay in the big picture. And there are lots of creative ways to kill 180 days. Cut your productivity and actively engage in finding a good job... take paternity vacations etc.



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  • milind70
    11-06 08:37 AM
    Though this may be off topic, it is related to travel and NIV.

    I booked tickets for my inlaws travelling on a tourist visa in Jet Airways - Chennai to JFK with layover in Brussels.

    Now, when I ask people everyone say they travel by Lufthansa, Air India, Emirates etc... but I have not found anyone who has travelled by Jet Airways.

    Just wanted to know if anyone has travelled via Jet Airways and their experience at the Brussels Airport, if it was smooth. My Inlaws do not speak English and this is the first time they are travelling.

    Thanks

    I believe you are in New York. Next time try the direct flight from Mumbai to Newark. I heard thats the best my friend just tried it and he was going gaga about it. I am sure your inlaws can manage Chennai to Mumbai. What are the chances u can find someone who can speak Tamil ,Telgu in Mumbai than in Brussles or any other stopoever in Europe. :-)





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  • gc_chahiye
    09-14 03:23 PM
    call the attorney who is working on your case and ask if it's a good idea to go...

    You will be surprised...Most attorneys are of the opinion that this rally is important and people who are impacted by EB GC dealys should meet with lawmakers to discuss the issue.

    exactly! All Attorneys both privately and on their websites (murthy / matthew oh / greg siskind/carl shusterman etc) are all saying we NEED to make it to this rally. This is the last and best hope!



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  • arihant
    05-23 09:17 PM
    Commend your initiative





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  • gcisadawg
    11-14 04:14 PM
    Do you guys see what happens after January 2nd (or after 6 months of receipt date)....Most of the contractors (who applied their 485 in july) will look for permanent job OR demand more money from their employers...OR more benefits from employer. Employers try to be calm and don't conflict with us. What do u guys think??

    Is it going to be tough for desi consultants to earn more money by placing their employees as consultants? Because there are already so many people ready to do permanent job.

    As far as I know, IT department of most companies are cutting down on IT resources and trying to either outsource or have captive centers in low cost destinations. Given that trend, I doubt if more permanent openings are available.
    However, I see a spike in "Programm manager" type job where an on-shore person manages a team of off-shore developers sitting in countries like India.

    What say?



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  • needhelp!
    05-15 06:22 PM
    co-sponsor = confirmed support, so thats what we want.





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  • frostrated
    08-10 12:00 PM
    A person holding H-4 can attend college in the U.S. In fact, some colleges offer in-state tuition for H-4 students. Check Brooklyn College for instance. INA does not specifically disallow from attending college of H-4 nor H-1 and colleges are aware of this. So if your wife is doing this only because she would like to pursue degree, I would suggest she explores the options and if possible remains on H-4, which is a dual intent status.

    Best Wishes,

    true, but she will not be able to work while on H4. She will also not be able to apply for any internships or work on campus.



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  • wandmaker
    07-23 11:10 AM
    If 15 months has passed since your last FP and your GC is still pending then you will receive an FP notice again. It does not mean things are moving and/or someone looking at your AOS file. If you EFILE the EAD - you will receive a FP notice each time for thumb and picture, this is different from 485 FP.





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  • lostinbeta
    10-03 02:18 AM
    Glad I could help=)



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  • vxb2004
    11-25 07:59 PM
    vxb2004,
    Was there any LUD on ur 485 after u sent AC21 Documents in Apr?.

    KKtexas,

    I had some soft LUD's in June...but the AC21 documents were sent in June!!





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  • americandesi
    08-11 03:44 PM
    I noticed a flaw in GC process with respect to “Ability to pay” and “AC21”

    Here are the definitions

    Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

    AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

    Let’s consider the following scenario

    1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

    2) I-140 gets approved and I-485 is pending for more than 180 days.

    3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

    4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

    5) I-485 gets approved.

    Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

    What if company C is running in loss and not in a position to pay the proffered wage.

    Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?





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  • Jaime
    09-14 02:30 PM
    bump





    pkv
    04-13 11:34 AM
    This is correct. Only your attorney will get the RFE.

    I got Medical RFE, it was sent to me as well as to my attorney. In fact I got it a week earlier than attorney got.





    otovarm@hotmail.com
    03-03 12:29 PM
    Hi everyone, I am seeking some help:

    -My wife's Labor Certification was approved on Oct-09-2006
    -Priority Date: April-30-2001

    We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.

    1st Question:

    Can we still apply for next steps towards the GC based on that approved labor cert, even though more than 2 years have passed since it was approved? (I believe next steps are I-140 and 485, right?

    If answer is YES, can we go premium processing?


    IMPORTANT: One of the partners in the company which filed the labor for her did die about 3 years ago. It seems like a new partner came in but still one of the original partners and the one who was my wife's boss when she was working for the company is still there. We are a little concerned because when we first approached the guy at the company about 2 years ago (when we got the LC approval notice) he told us that they had to restructure the company because of the other partner's death and they decided to change the company's name (slightly) and start all over again. At that time he told us that original company didn't have strong balance sheets, bank balances or tax docs to support the I-140 and that he wasn't sure if the new partner would agreed to sign the petition. He told us to wait 1-2 years and see if he could do it.

    When we got that response we decided to leave the country (didn't have other option) and stay outside the country for at least a year to have the option to come again thru H1B with another company. (We also had twin boys - americans - and it has helped us to be in our home country while they were small babies).

    Now we want to return to the US but we would like to know if we still have a chance to apply for the I-140 with that company. Anybody has any insights about this? Does it matter that the company changed its original name, even though the person who signed the LC petition would be the same person who signs the I-140 petition?

    In the worst case scenario that this guy won't help us signing the I-140, can we apply thru another company under the original approved LC? I guess that if it is possible, then it should be thru a company under similar industry, or located in same region and Job description should match the one in the LC.

    Thanks for taking the time to read this and any insights would be greatly appreciated.



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