Saturday, June 18, 2011

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  • GCVivek
    03-29 04:50 PM
    ETIN is a MUST for any company to pay a different company. Remember, when Company-A pays Company-B, Company-A shows that amount as EXPENSE (or Loss) on their tax filing. So, if there is loss somewhere, there must be a profit somewhere. Therefore Company-A will show that the expense or loss was due to paying that amount to Company-B.

    IRS does not care about names, it identifies companies and individuals only by numbers (SSN, ITIN, ETIN, etc.)

    lol you are complaining about 4% tax? :)
    1. not sure about this...normally you need a SSN or TaxID to open a back account here...however some banks dont require it...which is what illegal immigrants exploit.
    so if its done without a SSN or TAXID then you may get away without paying tax.
    However some companies wont pay you if you dont have a TaXID or SSN

    2. worst of the 3 ideas...cause u will be paying individual tax rate...of around 30% or more





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  • smsthss
    11-19 02:40 PM
    Hi
    U have 4 yrs degree.Ability to pay not an issue.No exp needed.This 3 are major RFE.So nothing fit for u.So maybe some minor issue.So relax.one of my friend got RFE 2weeks back but still didnt receive Actual RFE.his RD is nov15th
    i hope u r right..thx buddy





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  • kramac01
    09-21 02:38 PM
    looks like NSC is approving Spouse EAD huh???

    I am also waiting for EAD.
    My FP is also done on 08/29/07
    My center is Nebraska.
    I think slowly NSC has started approving EADs.
    PD: Sep' 03.
    Thanks.





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  • snarla
    06-25 03:32 PM
    Yes i do plan to exit and enterthe country as soon as i get my renewed passport. I am worried that sometimes these passport renewals take so long that i may not get mine back in time for me to do so ...

    I am also in the process of finding out wheni can file for my extension ...



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  • indyanguy
    07-13 03:40 PM
    Where is the August Bulletin? I am just tired of refreshing the VB archive for the August Bulltin.

    ya, where is it???





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  • GCNaseeb
    09-29 08:29 PM
    We received all four I-485 Transfer Notices today which says they transferred our cases to LIN. My I-140 was approved from LIN, so this is ok.

    But the strange thing is both the Receipt Date and the Notice Date is September 26, 2007. Should I be worried?:confused:

    I also applied EAD and AP. Would that means CSC is sill holding back my EAD and AP applications for adjudication?

    Thanks for the advise friends.



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  • lazycis
    12-15 09:33 PM
    Legalese was never my strong point. Which part says that EB-1 unused must go to EB-2 of same category, and then to EB-3?

    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
    (A) In general
    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1),...

    (3) Skilled workers, professionals, and other workers
    (A) In general
    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):





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  • gcfrustoo
    07-20 08:20 PM
    Hi,

    USCIS gives RFE for birth certificate related issues.

    Regards,
    IK
    Thanks Krish:-)



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  • javadeveloper
    03-09 10:13 PM
    I don't know if it is really easy to renew in US.Because i just filled the form with this link https://passport.gov.in/nri/OnlineRegistration.jsp?pocode=USAW and saved the application.I thought It'll save my details , but It looks like it sent the application to embassy.When I wanted to reprint the form it's asking the Web File No which I never received.May be I need to call them for this #.I tried to fill the form and save again.It's coming up with blank page without any Web File No.





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  • smuggymba
    05-07 11:22 AM
    So sad and unfortunate. I'm always surprised with this. USCIS which is supposed to be the expert in approving/denying visa - approves it and some American in Delhi thinks that's wrong without even looking at the packet.

    It's just annoying and unfortunate. I hope IV would help.



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  • ilovestirfries
    08-31 02:13 PM
    Folks...it looks like I have been given membership to this exclusive club, by USCIS...:)

    My status on USCIS Online case tracker shows,

    "Current Status: Fingerprint fee rejected and notice mailed; case in suspense."

    When I spoke with my attorney, he says, There are two options.

    1. I can dispute and in turn get my processing delayed
    2. Repay the fingerprint fees ($70) and forget about my first payment

    Naturally, anyone would prefer option - 2.

    Just wanted to share with you all...





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  • gcseeker2002
    11-11 11:10 AM
    I was exactly in the similar situation. My wife entered on H4, started work on EAD. Now we are traveling to India, both have AP as well as H visa (H1 for myself, H4 for wife). I talked to our corporate lawyers pretty much the exact same questions you are asking. Here is the response (that I have in writing from the lawyers):

    1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).

    2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.

    This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.

    So, even though we have AP, we would be using our H visas to enter.

    Send me a PM if you have further questions.
    We are in exact same scenario, but was thinking that H4 holder has to enter using AP to continue to use EAD after "vacation" . So is it like, Use H4 for travel and EAD to work, instead of , Use AP for travel and EAD to work? This will be of great help to many people who are scared to use AP or not want to face the extra half hour at immigration counters.



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  • walking_dude
    11-19 05:07 PM
    As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )

    DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)

    http://www.onetcodeconnector.org/

    Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00

    This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.

    Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).


    How do Promotions impact one's existing GC application?

    for example: one filed for the GC as a Software Engineer, 5 years down the road one switches to a different company in the same area/location using EAD (avoiding AC21 for now) and the salary is 30 % higher than that was mentioned on one's LC filing and the job title is sr software engineer (same or similar responsibilities, senior title). How would something like this impact one's GC application?

    I also wonder what would happen to the GC application if one was to get another promotion and become a manager with even a higher salary (some job responsibilities stay the same and some new managerial responsibilites get added).

    I am sure many of us would have faced this since clearly many of us have been waiting for many many years - I would really appreciate your input on this. Thanks!





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  • saro28
    12-10 06:44 PM
    Congrats! I tried the same like you, so far INS didn't respond.

    My PD 12/2001 - EB3
    My wife's PD 12/204 -EB2

    Filed cased independently back in 2007 (pre & post july fiasco). In september lawyer sent
    a letter to INS with marriage certificate to adjudicate both the cases together. By september end INS promptly approved my wife's GC. When I spoke to INS over phone, they mentioned the letter is of no use, since my wife's case is approved.:confused:

    Any suggestions how to proceed. Out of job now, moving on to EAD from H1 after 10 years!



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  • smsthss
    11-19 01:30 PM
    EB3 or EB2??
    EB3





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  • gc_in_30_yrs
    02-13 04:02 PM
    hi,
    where is the format and what words to use and to whom we have to address. i am not on IV website all thru the day, so, i am missing the great chunk of information by evening i log in. can anyone guide me thru the process, i am willing to hand written the letter. i have seen several threads on this admin fix / letters campaign; but to be honest, i could not find anything than asking members to write letters.
    thanks for the help.



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  • vishi1480
    07-20 04:50 PM
    My BC does not contain my mother's name. I am getting an affidavit from my parents to support my BC. Do I also need a document from Municipal Registrar similar to what is needed if Birth Certificate is missing? Thanks!





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  • jnicklo
    04-17 11:48 PM
    *sigh*

    It all depends on what the employer is looking for.

    Like I said, if you need tips on finding your first, second, third job let me know. I'll be more than happy to help.




    Lou - Go do something useful and comment on the work I posted in Showcase.





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  • zen
    03-22 07:33 AM
    Laid off 6weeks back. Attended 4 interviews. Outof luck.
    I used to get many calls from desi consultants. But not now. I do not know whether it is because of economy or my EAD status.

    Here are my excuses to not to get job.
    1.New Father (I was little confused about how every thing goes. Thank god no set backs here)
    2.Functions(I was occupied to celebrate his 21st day).
    3.Taking care of new born( He needs to be feed once in every two hours. Mother got tired of this.)
    4.Holiday season.
    5.Economy.
    6.I am good at supporting my situation :) .

    Hopefully I will land some where by Jan Mid.
    Sargon,
    you are incorrect ..here and there ..there are people who have been laid off. maybe you are lucky that you are not hearing it or maybe out of the loop.
    in the last 2 weeks itself, I have heard layoffs for 15 people ..so it is happening maybe slowly but surely. IT are one of the big cost savers ..most of the time, IT job is first on the block because of instant cost savings ..actually there is a different trend too (too small to notice now) ...highly paid people are being laid off and those who agree for lower salary with similar skills are being hired.





    ras
    01-09 07:08 AM
    My lawyer says "If we file the I-140 based on the LC-PERM, we would interfile it into your pending AOS, so your AOS would be pending based on the pending I-140 (NOT the withdrawn LC Sub)."

    Is it possible to interfile if the PD is not current? My pending LC SUB and the PERM LC PD, both are not current. Please confirm whether it is true or not. This will help me make my case.

    sent PM please check it.





    kondur_007
    08-21 12:24 PM
    Kondur, based on your signature, you have 3 active applications in the system. I understand EB1A, thats you sponsering yourself and no labor needed. EB2 with PD 02/08 is employer filed with PERM and I140 and whole nine yards. if I understand it right, EB2 NIW is also something an employer should sponser (or atleast help you with some documentation) and you file I-140 directly like EB1A. I know parallel applications are OK and EB2-NIW or EB1A are surely faster. but is there any reason behind that many applications at same time (other than increasing your probability of atleast one going thru?)..

    There is a reason for multiple I 140s in my case. There are benefits to each of them:

    1. EB2 PERM based: already have it approved.
    Benefit: already approved. Lock the PD.
    Disadvantage: Not current. Upon approval you have to work for the sponsoring employer.

    2. EB2 NIW:
    Benefit: No committment to work for a particular employer. Just work in the same field as NIW. Easier to get approved than EB1. Not sponsored by employer; self petition. Attorney files it with no extra charge with EB1 (only additional filing fees)
    Disadvantage: not current.

    3. EB1A (My best bet!)
    Benefit: Current and will remain current. Upon approval no need to works for a particular employer; just stay in the same field. Not employer sponsored.
    Disadvantage: Very difficult to get approved.

    Hope this clarifies....



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