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  • eb3_nepa
    01-15 11:29 PM
    Unless the country cap is removed from EB immigration - things will not change for folks from India.

    Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?

    Coz the illegals are already HERE and form a GREAT voter base. These are people who are not very educated (most barely have any education), they band together and can be easily influenced. That makes them an EXCELLENT source of future votes. Educated folks like us can see through the nonsense that politicians promise. Also it is a simple numbers game: LESS than 1 million legal immigrants v/s 13 million Illegal immigrants.

    Do we still wonder why?





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  • studmvr
    12-20 01:31 PM
    Colbert, and Jon shows has a lot of auidences....
    Let's get them to know our hardships.





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  • Dhundhun
    10-16 01:49 PM
    One of my friends got B1 Visa(business visa, it’s valid for 10 years) through a company AAA in January 2008, still he is working for the same company in India, till now he didn't use his B1.

    He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.

    My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training.
    He is planning to come to U.S in February 2009 on B1.

    Could any one please help us with your valuable suggestions for the following questions?

    Is it possible to come to U.S on B1 even after resigning the job?

    Is there any possibility that the company revoke his B1?

    What are the documents required to come to U.S on B1?

    Thanks in Advance

    #1. This way company wants to save liability. If H1-B Visa is stamped in India and he comes to US on H-1B, then in case of layoff, it is company's responsibility to pay return ticket to family.

    #2. The company wants to try your friend.

    #3. If your friend comes on B1 Visa, legally it is difficult to pay for ticket (cann't invite individual easily) and legally it is difficult to pay any salary or compensation.

    #4. AFAIK, now-a-days B1 to H-1b change of status does not work for companies (I think this is still ok for universities and non-profitable organizations). If I am wrong, someone may correct this input.

    #5. B1 is issued to individual for Business Trips (this type of visits are now not considered a B1 trip because of misuse in past and now campanies were forced to make employees apply for H-1B, even if they work in US for few months in a year - the B1 was heavily miused by body shoppers). The B1 does not get revoked, because you changed company, and so he can use the same B1, when other company wants to send him for business visits. B1 will be seemed to be cancelled once an assignment is taken on H-1B (Physical Cancillation can be done at the time of H-1B renewal)

    Who paid for H-1B?





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  • pappu
    04-10 12:26 PM
    Hello gurus
    I filled my 485 in july fiasco at Nebraska service center. Today I recieved an online update on my and my wife case (485) saying that case has been transfered to miami,fl , the reason is because it falls under that jurisdiction.
    I am EB3 India, PD Aug 2002.

    I already recieved my EAD,AP

    Let me know your thoughts or if some one else also recieve the same update.

    Thanks in advance..

    Please update your profile with details so that it can be helpful to everyone tracking the success
    http://immigrationvoice.org/forum/profile.php?do=editprofile

    on IV tracker
    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.

    I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.



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  • Suva
    04-30 12:22 PM
    Nop...

    I was wondering if they have restarted premium processing for I-140 yet?





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  • mihird
    11-15 10:48 PM
    It will be YOUR I-140, not your spouse's...your spouse doesn't even have to disclose your I-140 story while going through F1 stamping...

    The trouble only starts when you file 485..now if your spouse is on a F1...the immigrant/non-immigrant conflict of intent could pose a problem...



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  • vivache
    08-24 07:58 PM
    Has anyone been to the Mumbai consulate for stamping
    Can you let me know the process?
    Also website where I can get more info?

    Is this a drop docs at embassy .. and they mail it to you kind of thing?

    Thanks
    V





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  • immigration
    05-25 03:19 PM
    Well my experience with passport renewal in Chicago was HORRIBLE. First it took about 6 week to receive it. I ordered a jumbo passport but received a regular one ...called the office and left several messages -NO REPLY. Finally one Mr.Chaman Lal had to answer my call. My luck Chaman was horrible to talk (too rude) and was a perfect Bihari babu ( no offense to any Biharis on forum) said in pure Bihari accent,"No Jumbo passport made here and as far as refund for the extra money for the jumbo passport I don't refund any paisa to anybody" and the bang he hung up.



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  • insbaby
    08-06 02:36 PM
    I know this is not a good question as there is no time frame for GC process?
    But please share your experience;
    How many years it could take to get GC if it is started with in Aug. 2008 for
    -EB2 category
    -EB3 category

    I am trying to understand the time (years) difference between two process.

    Thanks,
    Sanjeev.

    For EB3:
    ---------
    You get married
    ************* Apply in PERM
    First Kid
    ************* PERM approved, 140 Filed
    Second Kid
    First Kid goes to Pre-K
    ************* 140 approved, waiting for PD
    Second Kid goes to Pre K
    You buy a Home
    Kids going to High School
    ************* PD is CURRENT, appy I485
    Kids going to College
    Kids graduated
    Kids getting married
    You get grandchildren
    You retire from work
    Enjoying after retirement at home with wife
    *************Email from CIS, says "Welcome to the....." and "Card Production Orderd"


    For EB2:
    ---------
    .......
    .......
    Kids getting married
    *************Email from CIS, says "Welcome to the....." and "Card Production Orderd"
    You get grandchildren
    You retire from work
    Enjoying after retirement at home with wife





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  • JunRN
    08-14 03:14 PM
    If it was received but no checks cashed yet, I would re-file.



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  • FRUSTRATED
    07-07 03:00 PM
    The information quoted by morpheus is quite correct. you can attend board meetings as a director although honorory or because of your extensive shareholding. you cannot be a salaried, contracted or basically compensated director or board member. you cannot take salaries but can take dividends (profit). you can also apply for any licenses or authorizations required for the business in your name. just make sure you dont write anything off in your name to save the taxes on the dividends because that will show your active involvement (day to day) which you cannot have.

    I owned business and had state and federal licenses when I was on F-1.

    And very frankly if you have any innovative ideas are an entrepreneur immigration and visa is the last thing you should worry about. There are many ways to to that and if you have a trustworthy citizen or GC holder as a partner it is very easy. just concentrate on your ideas and plans. contact a lawyer, do some reading of IRS pubs, and immigration law.

    I am an entreprenur myself and I wish you very good luck and success.


    Please consult an immigraiton attorney. There is a lot of misinformation in this area. I believe several of the posts above are incorrect.

    My immigration attorney has advised me I can invest in and own anything - LLC, C Corp - as long as I don't take an active role in the business. Once you become active, you need an employment visa e.g. H1 to cover that. Since moving to the US I have owned and/or founded a couple of companies. I filed a visa so I could actively manage one of them. The others I am just a passive investor. One interesting question is can you attend a board meeting and still be a passive investor? Personally I think so, because board membership is not employment. Some may prefer to err on the conservative side.

    Income from activites like Google Adsense or royalties is a grey area. It would make an interesting case, because it's very hard for the USCIS to say it is 'employment' rather than passive income. Any legal advice in this area is just an opinion. According to my attorney, there are no USCIS memoranda or case law on the subject.

    Morph





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  • msgoud
    03-08 12:40 PM
    thats what gist of it i was not there
    the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.



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  • anilkumar0902
    11-01 12:05 AM
    PVGanesh,
    Yes, affidavits or letter on employer letterheads from your colleagues about your progressive experience should suffice.For EB2 you need to prove that you have Masters or Bachelors with five years of progressive experience.

    Good luck.

    Cheers





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  • omved
    08-14 08:38 PM
    Thanks Krsk,

    My current AP expires on October 15th. So if I apply for AP renewal now, and the go out for H1B stamping in September. Lets say if for some reason my H1B doesn't get stamped/denied, and meanwhile I try to come back in USA on my current AP - Would this be a problem at POA..IO may cause problem that I don't have valid H1B and AP renewal is pending, and on the top - my current AP expires within next few weeks..

    What do you think..??

    Om



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  • gc_bulgaria
    10-23 08:13 PM
    EAD came with FP notice on 9/29. Received FP today.
    No LUDs since 9/19 and AP status still says "Pending"





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  • green-mile
    01-18 03:17 PM
    Hey NJBOY , here no one is against no one .....
    Planum is trying to tell you , check your facts before you post some thing (This includes your heading)...

    your heading clearly says [B]recession = 485 deny?, how does any one will assume if NJBOy says 485 what he exactly meant is labour certification.


    Before you blame some one double check your post.


    BTW , I don't think USCIS has history of denieng 485 on the grounds of recession, if any one who already crossed 180 days after filing 485 are required to show that the person is still working in the similar job..as long as person working , USCIS should be able to grant greencard, provided visa numbers availability.



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  • HumHongeKamiyab
    03-16 12:05 PM
    Thanks Yagw. Appreciate your response. That is the part I am not certain: If they ask for Copies of Tax return?

    Also, as per my understanding, You only get RFE when your PD is current (I did not file AC21, when I switched to EAD). And, since EB3 india is stuck on Oct 01 for months now, It will be years before they get to my case. Am I right in my assumption ?





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  • go_guy123
    02-23 10:57 AM
    Hi

    We are in AOS pending status.iam on EAD.

    After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
    Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.

    How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
    ( Visito visa Etc..)

    Any suggestions.

    Thanks

    I see a rare case. I have seen people ensuring that delevery is in US for the citizenship of child.





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  • GCMangataHai
    10-20 11:15 PM
    I am working on H1B. Recently what has happened that my family lives in state A, and I am working in state B. My family could not move to state B because my sone is going to school. I have to pay alot of expenses to go back and fort from state B to A, like air ticket and cab ect. I talking to my compnay regarding this and they said that whatever are my expenses submit to every month end and he will send a check for those expenses which will be pre taxed amount. i.e. if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.

    I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.





    Norristown
    10-15 11:49 AM
    Also carry the proof (H1b receipt notice) that your H1b is applied waiting for the approval and letter from your employer that they have applied for H1 extension.





    flyingninja
    10-29 03:57 AM
    Hi,
    I have been working on H1B for past 6 years and just came last week to visit Mumbai and get visa stamping. (My Labor & I-140 is cleared in 2009, I am working for my employer for past 5 years). I applied for H1 extension in April 2010 in premium and got visa approval in 2 weeks with no RFE).
    We (I and my wife) have stamped visa once before in Delhi, 2007 with no problems, so this time I was expecting a routine re-stamping from Mumbai consulate. However, the lady at the interview counter asked me few questions and documents such as contract paper between my employer and vendor etc. (I was not carrying it with me) so she gave me a 221 (g) letter with the list of documents they would need to see.

    Petitioner Documents:
    1. A copy of petition with all supporting documents as filed to USCIS (including full I-129, cover letter for USCIS and educational equivalency report)
    2. Petitioners Income Tax Return for the last two tax years and financial statements.
    3. A notarized list of all the petitioners employees. The list should show all employee's name, their specific job titles, start and end dates, their individual salaries, their immigration status, and which project/client they are working with.
    4. State Unemployment Wage Reports, showing all wages paid to each employee in state, for the past three quarters as filed to (this should be actual form filed to the state authorities and wages paid during the quarter) for all states.
    5. A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
    6. A letter from the client company sponsoring the project and a copy of the contract between the U.S. based petitioner and the client company, stating the timing, terms and agreement for your project.
    7. A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.

    From the visa applicant:
    1. Certified copies of your comp academic credentials.
    2. Evidence of previous work experience in the petitioned field.
    3. Evidence of extension of legal status in the U.S.
    4. Your federal income tax returns and W-2 forms for tax years(previous 2 years)
    5. Copies of all pay slips and monthly bank statements for the following period (previous 2 years)


    I have done MS in Computer Science from US and got stamped from Vancouver in 2005 and then in 2007 (Delhi with the same employer). I have all the necessary documents for myself (there is 2-3 week of unpaid leave in early 2009). The interviewing lady did mention that my employer has some indicators in the system that he is not in good standing.

    Knowing this, could someone please advise me what are my options?
    1. I am working on getting relevant documents from my employer, do you think I still might run into problems?
    2. I have a direct vendor between my employer and client, I am thinking of approaching the direct vendor to file for H1B and transfer, do you think that could be a problem?



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