Saturday, June 11, 2011

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  • ps57002
    10-10 05:42 AM
    I'm working for nonprofit so am cap exempt...but I know my employer won't want to go through it all if it costs more $.




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  • apahilaj
    07-19 07:11 AM
    Hi Seahawks,

    I had a question regarding your post - you mentioned that if you are filing with your spouse, there's another form you have to file. I filed along with my spouse and I did not have to fill out any special form; my attorney did not ask for any special form for my spouse and neither did he ask for my tax information.

    Can you please provide details of this form you are talking about? My application has already reached USCIS in the begining of July.


    Am I expecting an RFE on it? Thanks.




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  • Maverick5
    08-26 05:20 PM
    Thanks for your reply. As I am applying for LC with Software Engineer, and my Masters is in Mech Engg, I have asked my employer to put "Computer Science, Engineering (Any), Math or Related" in the majors required for the position.

    I am hoping that Engineering (Any) would cover for Mech Engg.




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  • ramanujan
    03-15 10:53 AM
    Folks,

    Sen. Specter's immigration bill has no provisions for filing of EAD/I-485 even with priority dates retrogressed. It appears that none of the amendments are proposing that this provision be added to the final bill.

    Is there something we can do to get this provision added to the bill? Can QGA help in anyway to get it added? I think that the ability to file EAD/I-485 under retrogression will benefit one and all.

    -Ramanujan



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  • Rb_newsletter
    07-13 05:31 PM
    I am in similar situation but in GC process. My ex-colleagues are afraid to write experience letter for me.

    Some colleagues who are still working in the same company doesn't want the company to know about the letter. They are afraid that company would take action if USCIS contacts the company to verify the letter.

    Some colleagues who are out of the company are concerned about USCIS process. Basically they don't want to involve in any queries/RFEs from USCIS.




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  • Sunx_2004
    09-08 06:32 PM
    Is he EB-3 India, His PD is not even current. He must have ported to EB2..I guess..

    Yes, A colleague case is similar to yours. Got his "Welcome" mail via USPS, Online status still show as pending, but only difference, his case is EB3, not EB2. I-485 filed during the July rush, both the primary applicant and the spouse got the welcome notice via USPS mail. LUD seems to be in August sometime. The online status is not really reliable. Still shows as case received and pending. PD is July '04. He is not sure, and his consulting his attorney, if any action required on his side. Not sure, this is a exception or more cases like this.



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  • milind70
    04-21 04:54 PM
    If you cannot renew L1, you can go back and work offshore. Remember that GC application is valid even if you are not in country and the process would continue (because GC is for future employment). This option is not bad when the company that sent you on L1 treats you well and you do not want to leave the company. Working at home while your GC is in process appeals to many who want a break from this lengthy and back breaking process.

    I am not sure that is entirely true befoer you go and work offshore you will have to convert your 485 (AOS) to Consular procesing ( I dont know if that is possible when your AOS is pending for some time like lets say 2 years or so I think there must be a way to change in the first few months after filing). As far as I know leaving the country when AOS is pending is deemed as abandoing the application thats one of reason why AP's are for.
    Thx




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  • rayen
    02-05 03:47 PM
    Chris,

    Thanks a lot I will try to reach them now.

    Thanks, again.

    Cris,

    I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.

    Thanks again.



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  • TheCanadian
    11-25 03:16 AM
    You probably noticed, but that's what he is doing. :dilbert:
    No I sure didn`t :thumb2:




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  • murali77
    07-16 02:03 PM
    Thanks. If I read this correctly, it means that everyone is eligible to apply for 485.


    How can you say that ? Please explain
    Murali



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  • Canadian_Dream
    08-09 09:37 PM
    Department of Homeland security (DHS) doesn't conduct background checks for Adjustment of Status cases. These are done by FBI which is a part of Department of Justice.This DHS announcement has nothing to do with background checks for AOS cases.




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  • sk2006
    06-12 12:17 PM
    Hi,

    While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.

    Now what are my options going forward and how does this affect my chances of a successful PERM filing ??

    I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).

    I think your company have to let you go and hire the avaiable US citizen.
    You shall have to find another job.

    This is always the risk when PERM is filed.
    When mine was filed, I kept my fingures crossed. My manager used to call and interview applicants every day. I was lucky that not many people with required skill sets applied.



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  • h1vegas
    10-07 07:37 PM
    Keep a copy of your paystub at your work place
    PS: Official comes from DHS to your office not your home

    Moreover how hard it is to keep a copy of your paystub at your desk




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  • srikanthmavurapu
    08-16 03:00 PM
    You have a valid H1 with the new employer (client), so there should be nothing wrong working with the client.

    Have you or your client signed a contract with the parent company? If you have not signed a contract, there is nothing to worry. I would assume your client may have signed a contract with your parent company(old employer). If that's the case the issue is between you current employer (client) and you parent company (old employer).

    You may also want to check with your attorney.

    There is not direct signed contract with the client and old employer. There are like 3 layers inbetween client and the old employer. old employer have contract with the middle vendor not the client.

    But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.

    Thanks,
    Srikanth



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  • navyug
    05-14 10:59 PM
    Hi,

    Received REF this week: for LCA vioation for a particular period.
    I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
    My employer missed filling LCA FOR 2006.

    Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....

    You are faking!!!

    Here are the reasons...

    1) First up there is no candidate name on the LCA. When H-1B is filed, a location specific LCA is sent along with the application/ petition.

    2) On subsequent change of location, a location specific LCA is taken out and kept for office records (after displaying on the office notice boards) and copy is given to you. This LCA never has any name(s) on it. A single LCA can be taken for 10 positions. This LCA is never sent to USCIS. USCIS does not keep track of an individual's projects/ clients after the initial approval of H-1B (unless they make a site visit to your employers office and go through each and every work orders and ascertain them against existing valid LCAs, which is very unlikely considering the timeline you are quoting).

    3) Yes it is a violation if an LCA is not pulled out for the new location. But that is the problem of the employer not yours and it is highly unlikely the individual will be penalized even if USCIS were to find out the violation after making a site visit.

    4) If you suddenly got a nightmare, please state that in your post rather than stating it as a fact. Honest nightmares will still be discussed on this forum.

    So Stop faking!!!




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  • govind440
    08-30 07:05 AM
    Hi

    tanx for ur reply. I already quit the job since i could not bear him..any more nd his mental torture...I ma planing to give a compliant to DOL and wanna c if it can be helpful to me..Si i cnat record anymore i tohught of recording it but never really got a courage to do that. I will c if i cna sue him...
    Try to record few of your conversations with him with a hidden camcorder and/or voice recorder, once you are sure you have enough evidence - talk to a good lawyer, also file for a h1b transfer and change job and once you get into your new job sue this old employer for mental agony and torture etc....... lawyer will manage this



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  • suren26
    07-24 12:40 PM
    Thank for reply.
    I am Sorry, it was typo it is valid till FEB 2010. But does it make me legal to stay here event if my I140 amd I 485 is denied and appealed
    Received the I140 appeal receipt waiting for I485 appeal receipt




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  • GCnew
    03-17 12:45 PM
    No. I sent my application in June. It was received on June 19th.

    Its good to be optmisitic but one thing I have learnt after waiting for so long for my green card is that this process is so screwed up that you can never expected anything that would follow a common sense of logic.




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  • Curious_Techie
    09-30 10:54 AM
    Yes NSC with WAC receipt.
    EB2-I PD Aug 2005.
    I did applied for EAD & AP renewal in mid August.
    Still on H1B. 2010 validity




    ruchigup
    08-22 03:56 PM
    Del Rey, Bernsen & Loewy, LLP - San Francisco - just Google them....you should be able to find contact information. They've treated me wonderfully!!
    "Fragomen, Del Rey, Bernsen and Loewy, LLP" are doing my H1-B transfer and I had a good experience dealing with them so far (though brief).

    Only thing is for GC I am little reluctant due to their PERM cases being the traget of audit




    superdude
    08-03 06:17 PM
    What you did was wrong.

    Coming to the verification process, They would ask if this employee really worked at the employer location and the responsibilities. They would not ask wether the EVL submitted was indeed issued by the employer.
    Just my own thought process...............

    I worked for a firm for last couple of years and then moved to another firm. Now I want to apply for a Perm process and need the Experience letter. My previous employer has issued me the experience letter without my roles and responsibility:

    It was an unprotected word file, so I changed it and incorporated the roles and responsibilty and my self submitted it to my employer; Now i am afraid if they are going to verify it.

    1. What is the INS verification process?
    2. Do employer can verifty it by Fax?
    3. What can happen if INS came to know that everything was fine except the roles and responsibilities was included afterwards?



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