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  • JazzByTheBay
    09-15 03:49 PM
    Can (and should) be published on the IV web site. We really need to get better at telling our story, imho.

    jazz

    Wonderful idea..I am with you.....





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  • sriramkalyan
    01-03 01:24 PM
    Just contributed $20 ..

    Will do monthly all through the year 2007.





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  • TeddyKoochu
    06-25 02:21 PM
    Hi Gurus / Attorneys,

    I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.

    Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
    Client was reluctant to give the letter and my H1B got denied.

    Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:

    My Options :

    1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.

    2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)

    I own a home here and now leaving everything in a week is making me worried.

    Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.

    Thanks in advance for all your help and suggestions !!

    I think your best bet is to expedite all documents suggested by Pbuckeye, If its a direct client then your employer must have all of MSA/SOW/PO, they should have been sent at the first place or atleast at RFE time. Also if possible try to capture some of your timesheets and work emails; I know some people have used this as evidence. You may also provide the contact details of your manager like phone / email, I have seen instances that when the letter has not been provided USCIS has contacted the manager and all they have to confirm is that you work with them and how long tentatively in the future (This can be counterproductive as well if the response is cold). Iam not sure but if your H1B extension is denied and you have filed a MTR whether you can work legally assuming I94 expired, please check this with your attorney.

    With your PD you are atleast 3-4 years from filing 485, worst case if you have to go back you can convert to CP assuming the future job offer from the petitioning company is valid. It’s a very sad situation I hope that your MTR gets approved, all the best.





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  • xbohdpukc
    08-26 08:58 PM
    im really concerned about getting a GC more than using my MBA. Im already a Director of Software Development for my company so there no more career change that i need !

    then just sit tight and wait. and keep your money from those crooked "educators"



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  • nshah1968
    05-17 10:18 AM
    Hello guy03062,

    my attorney charged me and some other in my office $1000 for H1b also they did our PERM LC and I-140 also and all was approved witout any query, you can try to reach them here:

    please mail me directly and I will reply with there details





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  • sam2006
    08-03 12:27 PM
    we just have to live it :)
    or we can work towards making the Sep 13 Rally success



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  • Administrator2
    03-13 12:28 PM
    I have a question.
    How do I contact my senator ?

    I know his phone number in DC but was not sure if I just call him up directly on the phone number or if I do it differently. Any suggestions would be greatly appreciated.

    eyeopeners

    Please refer to the word document 'Guidebook: How to meet your lawmakers' at the top Menu

    Advocacy > Guide-Meet Lawmakers





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  • psaxena
    03-09 05:32 PM
    ???



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  • veni001
    05-13 04:04 PM
    I have my company�s lawyer that I have to use but he is not experienced with this. My company wouldn�t be happy if I suggest switching to another lawyer so I need to control this myself.


    Actually what I realized out of my experience with GC processing � it�s better to be involved into this process as much as possible.

    As per DOL employee should not be involved with this process period.:(





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  • acecupid
    09-06 08:33 PM
    Read something interesting on TOI..

    NRIs treated as Not Required Indians! - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/NRIs-treated-as-Not-Required-Indians/articleshow/4979439.cms)

    Indubhai Amin, a non-resident Indian (NRI) settled in the UK earns interest income of Rs 3 lakh on his non-resident ordinary account bank deposit in
    India in the current FY 2009-10. Enjoying his personal exemption limit of Rs 1.60 lakh and the eligible deduction of Rs 1 lakh u/s 80C, Amin is comfortable paying income tax of Rs 4,000 in the first slab of 10 per cent on his effective taxable income of Rs 40,000.

    Flat tax of 20% and 30%

    A huge shock awaits Amin and millions of NRIs, in regard to taxation of their interest and investment income and capital gains earned in India, proposed to be treated under the draft Direct Tax Code as "income from special sources."

    In 2011-12, on the same interest income of Rs 3 lakh, Amin will be required to pay a hefty tax of Rs 60,000 at the flat rate of 20 per cent, without being eligible to claim any basic exemption or other deduction, as provided under rule three of the First Schedule to the Code.

    Moreover, all capital gains earned by a non-resident will attract a flat tax of 30 per cent, irrespective of the amount of capital gains. While a resident Indian will be required to pay tax of Rs 3.84 lakh on his taxable income of Rs 25 lakh, an NRI earning equivalent capital gains will be called upon to pay almost double tax of Rs 7.5 lakh.

    Hair-raising drafting

    New section 13 (2) provides that such �special income� shall be computed in accordance with the provisions of the Ninth Schedule, the drafting of which is literally hair-raising. It provides that the amount of accrual or receipt shall be computed as the taxable income, and no loss, allowance or deduction shall be allowed, as the same shall be presumed to have been granted. The only exception in this regard, in respect of capital gains arising from the transfer of equity shares or units of equity oriented mutual fund chargeable to STT, is quite amusing, as it stands redundant in view of the proposal to abolish STT (a classic instance of incoherent drafting).

    The draftsman does not seem to have realized the harsh implications. It means that if an NRI sells a capital asset purchased for Rs 10 lakh at Rs 30 lakh, he will be required to pay tax of Rs 9 lakh at 30 per cent on the gross sale consideration of Rs 30 lakh without any deduction even for the cost of acquisition of Rs 10 lakh (not to mention any benefit of indexation on the same).

    Determination of residential status

    The residential status of an individual under the Code is proposed to be determined as per the current norms. However, the status of "not ordinarily resident" (NOR) is proposed to be eliminated. Despite the above, Clause 24 of the Sixth Schedule has still provided for exemption in respect of interest earned on foreign currency deposits in the case of NOR. Poor drafting indeed!

    The Code has proposed to retain the current exemptions availed by a non-resident in case of interest earned on NRE and FCNR deposits with banks.

    Special exemption for returning NRIs

    A useful exemption has been provided in case of income earned outside India, if it is not derived from a business controlled from India, in the financial year in which the returning NRI becomes an Indian resident and the immediately succeeding financial year. However, the benefit of the said exemption would be available, only if such individual was a non-resident for nine years immediately preceding the financial year in which he becomes a resident.

    Wealth-tax liability for NRIs

    Proposed Section 102 of the Code provides for wealth tax liability in the case of the value of all global assets of an individual or HUF. However, an exemption has been provided in case of the value of assets located outside India in case of an individual who is not a citizen of India or an individual or HUF not resident in India. Hence, while returning NRIs who are non-citizens will enjoy wealth-tax exemption for their overseas assets, NRIs with Indian citizenship becoming residents will attract wealth-tax liability on such assets held abroad.

    Illogical exemption under wealth-tax

    Talking about wealth tax, the Code prescribes an exemption in respect of any house or plot of land belonging to an individual or HUF, if it is acquired before April 1, 2000. It is difficult to understand the logic as to why this exemption has been denied in all cases where such immovable property is acquired after March 31, 2000!

    Proposals That Will Hurt the Global Indian Sentiment

    Flat Rate of Tax

    20% flat tax on interest & other investment income
    30% flat tax on all capital gains
    Apart from 20% & 30% TDS on above, TDS at a baffling rate of 35% prescribed on all residual income

    No Personal Exemption

    No personal exemption or deduction allowed in computing the above income treated as �income from special sources�.

    Weird Interpretation

    Poor drafting leads to such a weird interpretation that transfer of a capital asset may attract 30% tax on gross sale consideration.

    What Discrimination!

    Ironical but true! Non-Indian sportspersons, say Ricky Ponting or Shoaib Akhtar, required to pay a concessional tax of 10% on their game, advertisement and column earnings in India, thus enjoying a more privileged tax status than our own sons of the soil living abroad.



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  • saibaba
    03-31 09:50 PM
    raj,ronnie and others,,,thanx a lot guys





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  • freddyCR
    January 13th, 2005, 02:31 PM
    Just a red "X"

    Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed. [Archive] - Immigration Voice

    View Full Version : Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed.




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  • pitha
    01-15 05:43 PM
    not to be cynical but what sort of "change" is on the way with CIR, if you are "illegal" sure some good change is on the way, but if you are a legal eb immigrant not sure what is in store for us, it is not necessary to be good with points based nonsense etc.

    For sure visa recapture independent of CIR is the best possible outcome.

    Anyway lets call lofgren and ask for visa recapture. I have already called and asked, please all of you do the same. It will give her confidence that there is support for it if all of us call.


    Don't keep your expectations so low. Change is on the way ! Senate's color has changed. ;)





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  • Beta_mle
    09-10 07:23 AM
    AFAIK, as long as the core duties mentioned in the LC don't change considerably (by more than 50%), the company can promote you anytime.

    I just watched the video on the front page promoting the rally and it seemed to say that your salary must remain within 5% of the amount stated in the I-140. Is this correct? This appears to contradict your answer. It also does not make sense. I am in this situation, I-140 approved with PD in '06, I-485 filed in July. My company gives raises of a few percent every year, and I would suppose most companies do. Surely it is not realistic for a person to stay at the same salary for however long it takes to adjudicate the AOS?

    Could someone please address this?

    Thanks.



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  • backtoschool
    12-28 08:10 AM
    All the gurus on this forum,
    I have this questions and I have feeling some of you are considering doijng this;;;;

    My I-140 and 485 was concurrently filed in Dec2002. I-140 got approved. 485 is pending.
    As i decided that this GC process should not hold me captive i went ahead made plans for my MBA education. Now I have an admission from europe for classes starting 2007.
    IF my employer gives me Pesonal Leave of Abscene for one year....without pay
    can I take off for studies without impacting the GCprocess?

    Since I will be moving out of my residenec should I inform the INS of a new address friends) so that they can send EAD/AP etc..

    I would love to connect to anyone who is similar situation......

    PLEASE respond
    :(





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  • srikondoji
    07-05 11:33 AM
    Create a seperate forum message for 'sending flowers'. And then we should all digg that message so that even media covers this practise.
    --sri

    PLEASE DIGG

    http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants



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  • H1InTrouble
    09-21 02:30 PM
    Hi,

    Thank u all for your advices and information. I would like to add a few things which I think were not clear from my initial post.

    My H1 was denied because there were false information in the petition which USCIS did not buy. My current employer is a direct vendor for my client and has a purchase order in my name and he does this all the time. I am looking for a new employer not because I want to but because I have to as my current employer is not able to provide me with any job/project. Do you all think that even in this situation, he can enforce the non-compete on me. My employer is NJ based where non-competes are enforced.





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  • Saralayar
    03-18 05:11 PM
    there is no status called 'EAD' .. it is AOS/I-485 which gives the status. EAD just gives you work authorization. Probably the person who you talked to didn't have much idea about immigration.
    FYI, I just got H4 extension for my wife (she got her SSN after showing her EAD few months back). So when you say that , getting SSN automatically changes status, is incorrect. What changes the status is if your spouse starts WORKING using EAD.. then she forgoes her H4 status and switches to AOS/485.
    You are correct. Getting a SSN with EAD has nothing to do with H4.





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  • tammigaw
    02-06 03:35 PM
    All,

    i am new member of this community . I greatly appreciate the effort that IV is putting forward to address immgration issue .


    I got my green card recently and now i want to leave a blood sucking employer whom i work as independent Contractor after i got my EAD for 3years .Because of his torture of not paying me on time and defaulting some payments and constant harassments i called to quit .

    Now i got an offer from a client to join as full time . Now he is threating me with some non compete clause which is redundant , when i signed he said that i cant join his competition .Now he is saying that i cant join with the client as well and threating to pursue legally against me.

    i have lot of money at stake. Gurus i greatly appreciate if any one can throw some light in this area and possibly provide me any Lawyers in NJ area .

    I apolosize for posting this non relevant issue .





    solaris27
    08-06 12:39 PM
    hopefully they will process my application soon.....





    m79
    08-03 06:15 PM
    Denail from CSC
    Reason: Employer didn't follow labor rules in paying for some of the other employees.
    Employer is saying he will appeal the denial but few more questions.
    I heard that while appeal is in process I can't work. Also, I still need to get the EAD. So how can I work legally ?

    Can another employer file my H1 transfer in normal processing ? ( I will request my original employer that I will come back and work for him after I get the EAD, the reason for normal processing instead of premium is to get some time until I get EAD.)

    Can I start work for the other employer from the day of the H1b filing or have to wait until I get the H1b approval ( my h1 already got expired ) ?

    Will changing my employer after 485 is filed jeopardise my 485 process ? ( I have intention to come back to original employer after I get EAD).

    Any suggestions ?

    Thank you



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