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  • eb3_nepa
    03-16 04:37 PM
    Thanks beppynyc. Fortunately nothing abt legals in that "warning". Does anyone know when the PACE and the TALENT act come up for debate?

    Unfortunately this bill seems to be a total fight between Senate v/s house, Demo v/s Repub, Repub v/s repub. Like Senator Specter said, there is almost No common vision.

    Still a little confused about what the actual stance is right now with Sen Frist's bill. Are they going to go ahead with the Frist bill or is the Senate Judiciary committee going to prevail?





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  • nag2007
    10-11 04:43 PM
    There used to be a time when the ability to apply for I485 even during retrogression. was of the highest priority for IV. Now majority of the IV members (hopefully) belong to post I485 filing group. Now the amount of green cards for employment category, exemptions from quota for family members, US degree holders etc, and country quota may be the higher priority issues if one goes by the numbers.

    You mean to say that "Those who have EAD with PD 2006/2007" needs green Card and you dont bother about PD 2000-2005 from Backlog who never got a chance to apply i-485 ?

    Moral: Allow the people to suffer who are suffering and let others make merry(PD 2006-2007).





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  • svr_76
    03-11 07:07 PM
    My friend - the list provided the consulate is a list that is now being asked after thoughtful deliberations. Consulates do not fall easy prey to petty politics of local (US) congressmen or Senators.

    They have not mentioned that if you dont have any-one of these documents you cannot apply for an interview. If the petitioner is good enough employer there is not harm in going w/o one-2 docs missing and a explanation letter of why its not there.

    If the employer has tax filing for previous years, employee list and wage report to proove that employer has paid IN FULL and IN TIME to all employees irrespective of whether they were on bench or on assignment then there is nothing to fear......

    If you have been in similar situation (not being paid on bench...or employer is exploiting you) its your personal problem. Dont say that there is no mis-use and govt should not plug the hole if it has not done it in the past.





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  • Libra
    01-25 10:04 AM
    bump



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  • bobyal
    05-12 09:03 AM
    The bill text says there is NO fee and the applications need to be processed expedited.
    --------------------------------------------
    SEC. 10. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.

    Regulations promulgated under this Act shall provide that applications under this Act will be considered on an expedited basis and without a requirement for the payment by the applicant of any additional fee for such expedited processing.
    --------------------------------------------

    So once this bill passes, we can just forget about legal immigration applications for 2 ~3 years, until all illeagul and UNDOCUMENTED applications are processed.

    This is going to effect all legal immigrant community, think about waiting for AP, EAD, H1B application and guess people might have to suffer loosing jobs while waiting for these applications processed.





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  • NKR
    02-13 09:13 AM
    "in india there is a proverb "ulta chor kotwaal ko daante" which exactly is the scenario ......"


    Well, in that case you become a ulta employee and trouble your employer...



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  • hebron
    08-20 10:20 PM
    Hello Friends,

    As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up :( ]

    At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.

    I keep reading about some lucky souls [god bless their souls :) ] who have managed to retain their priority dates and converted to EB2.

    I really want to do that. I am not sure where to start.

    1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.

    2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.

    3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.

    Gurus...any help or advise or information is really appreciated.

    Thanks,

    I would say all three options you listed in your post are good and worth pursuing in the order they are listed...i.e., talk to you current employer about EB2 and if they are not willing, look for a new employer who is willing to do EB2. I am not a big fan of option #3 as I have had bad experiences with my very first desi employer in US, but there may be good ones out there.





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  • mhb
    07-06 06:57 PM
    Has the program aired on CST? It starts in minutes in EST. Let me know, if it has not been aired today.
    please, go to http://www.wandtv.com/



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  • felix31
    01-10 06:27 PM
    Friends,

    I am worried if I would have any problems converting to H1 since I am practically out of work force since 2000.

    I have 3 yrs worth of exp prior to moving to the US on H4 visa in 2000.
    Do you think I would have any issues with getting H1?





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  • uma001
    05-22 04:21 PM
    If somebody did not have project for few months sometime before jan 2007, will that makes his/her stay illegal.



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  • babli2007
    01-03 01:59 PM
    Hi everyone, just had an AC-21 question which I was hoping you could help with.

    I went to the OneNet link to get the job categories but wanted to get a second opinion.

    My current role is computer systems analyst (business analyst) and i might move to a IT project managment role under AC21. There are definitely crossover similarities in both, of course the PM role has more of a leadership aspect to it.

    The catagory in Onenet is 11-3021.00 Computer and Information Systems Managers for Project Managers; and 15-1051.00 Computer Systems Analysts for my current role. It shows they are indirectly related throught the Computer Programmer category i.e. 15-1021.00 Computer Programmers.

    Is this acceptable for AC21? Please advise.





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  • mrajatish
    12-14 08:40 AM
    If an employer does not take advantage of employees by doing illegal things while applying for labor sub (e.g., asking for money, asking employee to sign a bond etc), it is a legitimate way to get GC. I have repeatedly said that PD transfer during labor sub should be stopped, if possible. However that has consequences too because of the stupid "labor must be pending 1 year for H1 extension" rule.

    There are legitimate scenarios for a company to use labor sub when they want to hire someone in their 6th year of H1 or children of employees they have hired are going to become 21+ and need to apply for 485 before that happens. There could also be concern about H1 stamping in some countries and hence getting AP becomes important.

    However, there are lots of bad apples with labor sub (read as companies taking advantage of employees) too. Overall, labor sub would not be an issue if there were adequate visa allocations for high skilled individuals.

    We really need to concentrate on the bigger agenda of getting favorable laws passed. At the same time, any abuse of the system (e.g., bad apples) should be reported, if not by the employees but by their friends etc.

    -Raj



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  • sheela
    02-21 11:26 AM
    Thanks Sheela. Was that visit to home, a part of your employer audit as well as it was mentioned by bujjigadu123 or something else?
    Not sure whether you got a chance to ask the officer about the reason for this visit? Was it a part of random check or any investigation on fund transfers or any other program etc?

    Now, I think it is a random check and nothing like 'employer audit'. I never asked him -at that time I thought it was a part of background check.

    I believe they are always doing these checks probability could be 1/100,000 although i have no idea at the frequency.





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  • nc_sekar_415
    01-27 04:08 PM
    Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
    1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.

    2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.

    3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.

    4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!

    We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!



    Hi,

    I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.

    However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.

    "Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
    termination of the employment."



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  • dineshksharma
    07-14 01:45 PM
    Hi Dinesh,

    I am a physician myself who served j1 waiver and on AOS from 7/07. My son is a going to be a senior in High School this year. Why did you have a problem with state college apps on AOS/EAD?

    Most of the state colleges, (In my case, none of the state colleges), including under-grad and medical schools, will accept application, if you do not have GC/ US citizenship. I tried, wrote letters, but of no use.
    You can apply and get admission in private college, which of course cost much more.
    Also, we were not able to take any federal loans.





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  • prout02
    08-17 10:27 PM
    After I heard from the Infopass IO that my case is all set and it is sitting in the NSC examination room, I have been trying my best to get my file to the attention of an IO at NSC. This is what I have done till now. Don't know if this would work. If not, what the heck?

    1. Wrote to my state's senators
    2. Wrote to Ombudsman
    3. Wrote to my Congressman
    4. Wrote to the President
    5. Have opened a SR
    6. My attorney is taking an Infopass appointment to see why it is stuck.

    We 2004 guys are really out of luck. First BEC, then all these LC substitutions, July 2nd fiasco, and now this. Can't believe we got screwed in all the steps.



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  • Pagal
    05-18 06:26 PM
    Hello Hebbar,

    :) Very few countries are free of quotas...they have them under one name or another...it's just an age-old human power structure..

    The proposal is good, why not try it? What needs to be done?





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  • gc_kaavaali
    06-05 11:50 AM
    New memo is not helping us in terms of answering few questions. Can i comeback on H1B (without subject to cap limit) after changing job using EAD?





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  • bestia
    08-31 03:55 PM
    Good Find

    Nah, I don't think so. Not a good article.

    1. His salary CAN be raised.
    2. His wife CAN work, as article mentions that he applied for GC in 2004
    3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
    4. If the company is bought - one doesn't generally reapply for GC.

    Even little lies don't serve a good cause as this article can be easily discredited.





    saketkapur
    06-09 06:35 PM
    http://imminfo.com/Newsletter/2009-AILA/Likely_visa_bulletin_cutoff_date_movement.html




    Likely Visa Bulletin cutoff date movement


    Information provided at the 2009 AILA Annual Conference gives us some insight into likely Visa Bulletin cutoff date movement over the next year. Historically, the INS/CIS have treated filing backlog information as a matter of national security - refusing to release any information. Recently, however, cracks have started to appear in that wall.

    We know that the 2007 filing surge resulted in an enormous number of cases submitted to the CIS. The actual number of new I-485s filed is unknown, but estimates range from 350,000 to 500,000. We also know that the CIS, having the fear of God put into them by the State Department in 2007, finally increased their level of production and began adjudicating cases at a pace sufficient to use up each year's quota and not waste any allocated visa numbers through non-use.

    At this year's conference, the CIS representatives made several statements which, if true, give us hope for a return to sanity soon. They alleged that they have completed enough EB I-485 cases this year to exhaust the EB quota (140,000). They also alleged that they will soon have completed the "pre-adjudication" of another "110,000 to 120,000" cases to be used against the quota for the next fiscal year (Oct. 1, 2009 - Sept. 30, 2010). Finally, they represented that these adjudication would "pretty much exhaust" the inventory of pending EB I-485 cases at the TSC and NSC.

    If these statements are true, then the end of the current mess is in sight.
    If the CIS really has wiped out its processing backlog, then when the "pre-adjudicated" cases are given visa numbers in the next fiscal year, cutoff dates should advance rapidly. At a minimum, we should see them return to February 2007 levels, if not closer.

    Implicit in this recital of statistics by the CIS personnel is the likelihood that they denied a truly massive number of pending I-485 applications. Before anyone panics, those denials should have been sent out already and are not out there just waiting to ruin someone's day. Only by assuming a very large number of denials does the math make any sense. Without them, you cannot reconcile the large volume of filings with the volume of approvals.
    Once these pending cases are closed out, the known "demand" for EB visas will be much smaller and the Visa Office will be able to move priority dates up quickly; in some cases by years.

    Another factor to be taken into account is the number of people who have lost their jobs between August 17, 2007 and whenever the cutoff dates cross that chronological line again. In years past, if there were 100,000 applicants with priority dates between August, 2007 and today, we could expect to see at least 90,000 applications. Today, with the economy being what it is, I think the figure is probably closer to 50,000. These are all people who were not eligible for AC21 because they had not filed for adjustment of status. If true, this means that cutoff dates will advance more rapidly than normal after the "2007 deluge" cases are resolved.

    Of course, all of this becomes academic if CIR is passed. In that case, all priority dates will become "current" overnight and remain that way for years.
    The State Department official at the AILA conference said that we can likely expect to see the following cutoff dates in the October, 2009 Visa Bulletin:

    EB2 Worldwide: Current
    EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
    EB3 Worldwide: June 1, 2005
    EB3 China: March 1, 2003
    EB3 India: November 1, 2001
    EB3 Mexico: March 1, 2003

    These estimates are just that - estimates. They are, however, estimates from the Department of State.

    Where numbers move after October 1st will depend entirely upon the demand presented by the CIS. If, in fact, they have pre-adjudicated as many as 120,000 EB AOS cases, then it is unlikely that we will see much additional forward movement until the fourth quarter of the fiscal year (July - Sept., 2010). As discussed previously, however, once we get over this large bump in the road next year, we can expect to see a rapid advance in cutoff date movement.



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    mammoy2k
    12-28 10:38 AM
    Anyone invoking AC21 with unapproved I-140?

    Hello Guys,

    I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.

    The question I have is if my current employer can do anything, I mean anything at all, now?

    Thank you.



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