суббота, 2 июля 2011 г.

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  • jonty_11
    07-27 10:47 AM
    bobzibub...is ready tomove to canada!!
    No OFfense!




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  • kishdam
    03-10 10:39 AM
    we are going through it right now.
    planning to file g-28 only and not AC-21 letter.

    Will wait for a RFE to send a AC-21 letter.
    Are you self filling G-28 or doing through another lawyer?
    Thanks

    Thanks for the info.

    Planning to thru another lawyer - only because I dont know how to do it on my own and dont want to take any chance. Someone earlier mentioned that if we do it on our own - we may not receive any acknowledgement but if we do it thru antoher lawyer they receive some sort of confirmation.

    I am not sure if its true or the logic behind it but thought of going thru a lawyer - he is charging me for both G-28 and AC21 even though AC21 is not done now (which is ok with me).

    If RFE does come at some point - do you know how much time we typically have to reply?




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  • sac-r-ten
    06-25 03:27 PM
    Please share the issue in the forum in you can. Will help others in the same situation.




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  • imhrb
    01-06 04:01 PM
    Like many others we have been waiting for our AOS application to be approved for over 2 years. But the strange thing is, I did get an EAD approved but they never called me in for fingerprinting and Biometrics. I know I had to do the non-immigration "registration" that was initiated a few years ago and they had taken my fingerprints and biometrics, is that why they didn't call me in again? since they already have it?



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  • rpat1968
    09-22 11:05 AM
    IV members who have got vague replies to SR request and also encoundered rude behaviour on with USCIS CSR's should share your experiences with whitecollarslave ...




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  • flyingmonkey456
    06-30 02:46 AM
    i'll pay you 10 bucks to eat it :P



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  • Blog Feeds
    11-18 03:00 PM
    Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
    On November 12, 2009, U.S. Customs and Border Protection (CBP) launched a 30 day pilot program to test the entry process for travelers under the Visa Waiver Program (VWP) from Auckland, New Zealand to Los Angeles International Airport. The program automates the arrival/departure of travelers with an approved Electronic System for Travel Authorization (ESTA) for travelers on Air New Zealand Flight 6. Travelers on this flight will not need to fill out the paper I-94W.

    The VWP allows nationals from VWP countries to fill out an ESTA application prior to traveling to the United States to determine the traveler’s eligibility and whether such travel poses a security risk. The ESTA application provides basic biographical, travel, and eligibility information and must be submitted online prior to traveling. There are currently 35 countries eligible to travel to the United States under the VWP. Travelers under this program may enter the U.S. for either business or tourism for up to 90 days without obtaining a visa.

    To view the list of VWP countries please visit the CBP website at www.cbp.gov (http://www.cbp.gov).





    More... (http://dfwimmigrationlaw.clarislaw.com/temporary-visas/pilot-program-for-travelers-on-flight-6.php)




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  • LostInGCProcess
    11-01 03:40 PM
    I received an RFE for my EAD renewal.
    It says "Please submit proof that you have filed an I-485 Application"

    I have a copy of my receipt of I-485. Would that be enough to send? Why would they ask for proof of I-485? This is my second EAD renewal.

    Please let me know.
    Thanks.



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  • logiclife
    05-21 09:55 PM
    Most companies that hire H1b workers or sponsor F1/OPT status workers for first-time H1 either have a law-firm deal all their immigration cases or an outside lawyer. Some of the big companies have a full-time in-house counsel.

    Some employers who rarely hire professionals in need of H1b may not be aware of process and may ask you to look for lawyer to do it for them. The H1B petition is filed by employer. However, employee can certainly help with it. Legally, the employer cannot charge the employee for USCIS fees or lawyer's fees. However, you can hire your own lawyer to help you with your questions and answers(if you hire your own lawyer, you can be comfortable with all advise he gives you, since he would have your best interest in mind as you would be the client). However, to file a petition of H1, your employer should be paying the lawyer(either your lawyer or their lawyer).

    Filing for H1B petition requires a fixed set of documents and its simple to do if you have time to do a little research. Many employees help their employers and together, they do it themselves without the help of lawyer, therby saving money. An average lawyer would charge 1000 dollars in fees for filing the petition. For USCIS fees, please look up their website.

    There are H1 specific forums on www.immigrationportal.com which would have more details.

    Thanks.




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  • GCLONGWAIT
    09-16 04:53 PM
    Would appreciate guidance from attorneys and anybody gone through such an experience or having knowledge about it. Below is my scenerio:

    My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.

    After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.

    In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."

    The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.


    Looking at the above scenario, can you all please let me know:

    Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?

    OR

    Am are they surely going to revoke my old labor?

    Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.

    Thanx in Advance



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  • krishnam70
    05-04 06:39 PM
    Hi, I am on At Will Employment, employer laid off on April 30 2009. I had seen in discussions, if employer laid off we an ask him for Return Flight Tickets. I need to confirm because i was on At Will Employment.
    Plz reply me soon
    Thanks

    Employer is legally bound to pay for you fare. Get a quote from any airline agent and present the same to your employer for the fare. They are bound to cut you check for the amount or whatever is the cheapest fare (if they can find one for you). If this does not happen then report the employer to USCIS/DOL immediately so that you get a time bound response if you have plans to leave the country.

    -cheers
    kris




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  • kalia
    07-10 10:51 AM
    The American Immigration Law Foundation (AILF) has decided to forge ahead to file the class action lawsuit, as previously mentioned on MurthyDotCom.

    AILF seeks plaintiffs who have been affected by the July 2, 2007 actions of the USCIS and the U.S. Department of State, which have resulted in an inability of most employment-based applicants to file their I-485 (Adjustment of Status) applications during July 2007.

    For those who wish to participate as plaintiffs in this class action lawsuit, AILF has prepared and we attach the following documents, all of them showing a revision date of July 9, 2007.

    1. Questionnaire for Potential Plaintiffs
    2. Retainer Agreement with AILF
    3. FAQs on the Visa Bulletin Availability

    Please review each of these documents carefully. Read them more than once until you are familiar with the issues and concepts.

    At this stage, AILF is seeking, as plaintiffs, individuals who are suffering some particular or unusual harm, and requests that they respond. These individuals could help to highlight the problems created by the government.

    Who is Covered by this Potential Class Action Lawsuit?

    1. It is not essential to participate or submit one's name to AILF to be considered a plaintiff of this class action lawsuit. If a person has/had filed the I-485 during July 2007, then AILF believes that those people should be covered by the lawsuit to take advantage of the potential benefits of a successful lawsuit.

    2. Even those who decided not to file the I-485 during July 2007 MAY be eligible if the judge agrees to include them as plaintiffs in the lawsuit. AILF made a decision later on to try to include them also as an injured class. However, AILF believes that their remedies may be different than those who actually filed the I-485 during July 2007.

    See the amended FAQ for more information, and fill out the potential plaintiff questionnaire and retainer agreement. All are PDFs.

    Those who are interested please click https://www.murthy.com/ailf_lawsuit.html
    and follow the direction.

    Thanks



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  • akizdetz
    08-10 07:30 PM
    Looks like it is mistake. Is it your second FP appt? It is possible that they already have FP with them and I 140 and I 485 both approved on the same date - within an hour difference.

    No, it's the first one. I really hope I-140 is approved :-)




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  • kannan
    03-27 03:14 PM
    Can anybody tell the stages in I 485 approval.
    Backround check
    previous status in this country
    Medical

    what else they check during this stage?



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  • dealguy007
    05-19 08:59 AM
    Hi

    first labor approved in may 2006 under EB3
    140 was approved in 2007

    Since I already had masters before I joined the company
    EB2 labor applied and received approval in Jan 2011

    My attorney applied for 140 porting but received priority date as Jan 2011 instead of may 2006. My attorney says immigrations has made a mistake, attorney contacted them and received a reference number basically asking attorney to call back on Jun 1st. I'm concerned on what went wrong and what could be the worst case scenario. How much time are talking about here.

    Any information will be greatly appreciated.

    Thanks


    It will alright, wait for few more weeks till attorney fixes the issue.




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  • Chandra_Chndra
    05-04 02:40 PM
    thanks for the reply...



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  • yestogc
    05-11 10:03 PM
    Please do not arrive at anything, it is a standard text and you will be amazed to know that same matter I saw for my I-140 RFE.




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  • bobbo0722
    08-06 11:51 AM
    excellent! :hugegrin:




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  • Blog Feeds
    09-09 07:20 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."

    An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.

    PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.

    Accordingly, the Board affirmed the decision of the CO in denying labor certification.

    In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)





    More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)




    martinvisalaw
    10-14 04:16 PM
    I have applied AP for my family 3 weeks before. My wife needs to go India by end of next month. If AP approval doesn't come to our hand by next month, can she leave the country? If she shouldn't, what are the alternate options? I appreciate your help.

    If she needs the AP to return to the US, then she cannot leave until she has that AP in her hand. However, she may be able to return in H or L status IF she has been maintaining that status . If she is in a dependent status (H-4 or L-2), she can use that to return if you are maintaining the principal H-1B or L-1 status and if she has not worked.




    rameshk75
    01-26 08:40 PM
    I think you have to file in 2 states. Suggest you to consult a tax consultant instead of looking at the IV forums for the answer.

    :confused:

    It is partly my fault as I should have noticed when I started a new project in end August in South Carolina.

    But now looking at my W2 it shows that my employer has been filing taxes in my previous state Missouri for the entire year. How should I go about correcting this? I was in Missouri for 5 months and in South Carolina for the remainder. In which state should I file my tax too?

    Any help will be greatly appreciated



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