Sunday, July 3, 2011

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  • GC08
    07-08 04:41 PM
    Madam Rice is trying to divert the issue by telling skilled professional from all over the world wants to come here....This is not the issue.....

    Issue is there are thousands of high skilled professional with approved labor and I-140 , waiting for years to file I-485.... DOS told then on 13th June that you all can file I-485 and all of the sudden on 2nd July 07 DOS said we can't accept your application...

    So madam secretary it's not issue of how many high skilled professional wants to come here. Infact DOS/USCIS/Govt. of US need to think how life is tough for those high skilled professional who already came here and waiting for years to get green card through legal system....

    In Fox News this afternoon, the senator has explicitly said that the Chicago lady does not have any "constituional rights" since she is not American citizen. Go figure what they think about us.




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  • nandu_k_n
    02-15 09:40 AM
    Paid USD 50. Transaction id for the paypal payment is - 9PE56826U6585973L.




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  • english_august
    07-11 12:17 PM
    If you participated in the flower campaign and if you are in the Broward county area in Florida - please contact Ruth Morris of the Sun Sentinel (http://www.sun-sentinel.com/) asap.

    She needs to file a story on this today. Her contact numbers are
    305-810-5012
    954-802-9530




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  • GCKaIntezar
    06-11 01:30 PM
    at some month before OCT 2007 the dates would become unavailable.

    what would happen at that time?

    say your case was received by USCIS and they have not issued FP notices.

    what if they issued FP notices but not issued EAD and/or AP.
    would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)

    any ideas?

    How do you know that the visa numbers will indeed become "U", come October? Any numbers/sources to back up the claim?

    I know some senior members previously indicated in these forums that there is a difference between a "U"-Unavailable and a retrogressed date of 2003 for example.



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  • joshraj
    10-03 04:50 PM
    Anyone with filing date on July 27, post on http://immigrationvoice.org/forum/showthread.php?t=14095

    Thanks




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  • ragz4u
    05-02 10:45 AM
    The �SKIL� Bill
    Short Title: Securing Knowledge Innovation and Leadership (SKIL)

    Title I � Access to High Skilled Foreign Workers

    Section 101. H-1B Visa Holders
    Exempts professionals who have earned advanced degrees (e.g. Master�s degree or higher) from accredited United States universities and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual H-1B cap.


    Section 102. Market-Based Visa Limits
    Raises the H-1B (specialty occupation) cap from 65,000 to 115,000 and creates a flexible system that adjusts with the market.

    Title II � Retaining Foreign Workers Educated in the United States

    Section 201. United States Educated Immigrants.
    Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual green card (i.e. immigrant visa) cap.

    Exempts professionals who have earned advanced degrees in science, technology, engineering or math, and who worked in the U.S. for at least three years in a related field, from the immigrant visa cap.

    Exempts spouse and minor children of professionals from the employment-based cap. Under current law, only about fifty percent of employment-based visas go to actual workers.

    Section 202. Immigrant Visa Backlog Reduction.
    Raises the immigrant visa (i.e. green card) cap from 140,000 to 290,000 and allows unused visas to fall forward annually.

    Exempts aliens of extraordinary ability, and outstanding researchers and professors from the annual green card limit.

    Section 203. Student Visa Reform.
    Many employers seek to hire U.S. educated students full-time upon graduation, and this change would enable the employer to start the green card process while the foreign worker is on a student visa (F-1) during Optional Practical Training (OPT). Codifies OPT; which will allow U.S. educated foreign students to work in their field for up to two years after graduation.

    Section 204. L-1 Visa Holders Subject to Visa Backlog.
    Allows an extension of an L-1 (intracompany transfer) visa beyond the fifth or seventh year if the individual has a green card application pending and is simply caught in the green card backlog. This extension is currently allowed for H-1B (specialty occupation) visa holders, but not for L-1 visa holders.

    Section 205. Retaining Workers Subject to Green Card Backlog.
    Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.

    Title III � Business Facilitation Through Immigration Reform

    Section 301. Streamlining the Adjudication Process for Established Employers.
    Requires the creation of a pre-certification program that streamlines the adjudication process, and reduces paperwork burdens, for employers who file multiple applications and who have no history of fraud or abuse. Pre-certification would allow those employers to file a petition on a separate review track and not submit repetitive organizational documentation.

    Section 302. Providing Premium Processing of Employment-Based Visa Petitions.
    Requires USCIS to allow employers to file a �premium processing� fee for expedited adjudication of employment-based immigrant petitions, as well as for administrative appeals of any decision on an employment-based immigrant petition.

    Section 303. Eliminating Procedural Delays in Labor Certification Process.
    Requires the Department of Labor to process all applications filed prior to the electronic PERM system within six months of enactment. Clarifies the Department of Labor�s process in providing prevailing wage determinations and requires the Department of Labor to establish a website to post open job orders.

    Title IV. Miscellaneous

    Section 401. Completion of Background and Security Checks.
    Requires that no immigration application may be approved until the appropriate background and security checks are completed and any allegations of fraud have been resolved.

    Section 402. Visa Revalidation.
    Allows temporary workers who have not violated their status to renew their visa from within the United States.

    Section 403. Severability.
    Clarifies that if any part of this act is determined to be invalid it will have no effect on the remainder of the provisions.



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  • gsc999
    06-21 11:50 AM
    Yes, we have to wait for CIR to die. Sooner the better, because once House Republicans start holding hearings on CIR, this slow death for CIR might stretch beyond July. Extended mockery of house legistlative process will leave us hanging in a limbo.

    Once this CIR charade is over we can move a new bill with only legal immigration provisions through Senate. Hopefully, Democrats will regain House majority this November. Even if they don't, this will be a litmus test for house republicans who have been so vocal in supporting the streamlining of legal immigration.




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  • BMS
    07-03 10:17 AM
    I am ready to contibute



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  • snathan
    02-09 09:24 PM
    Any one else....today?




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  • desi3933
    06-27 02:00 PM
    I asked my employer if they would tune the clauses to "1 yr after EAD" but they said NO - "it will be 1 yr after GC"

    They also told me over phone that they have the capability of revoking
    140 and complaining against me to INS if i try to leave before getting the actual GC.

    Can they do that - after 6 months they lose that control - Right ??

    Employer can revoke I-140 anytime until I-485 is approved. After 180 calendar days of I-485 filing date, employee can continue I-485 seeking AC-21 protection . Employee must have open permanent job offer from another employer. The new job must be same or similar.

    >> complaining against me to INS if i try to leave before getting the actual GC.
    LoL. He is not even aware of the law. Employee is required join AFTER getting the green card, not before.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com



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  • hiUS
    09-08 02:09 PM
    I actually spoke to Customer service and I got 2 very different responses.

    1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.

    2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.

    I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.

    Best is to check with the guys/gals at Infopass -meeting.

    All this was from the rep at the TSC - so not sure if this is applicable to all centers.

    AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.

    I will post my Infoapss exp on the 9th of september.

    As you said, please post your experience with Infopass tomorrow. It will be helpful.




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  • maverick_joe
    05-02 10:49 AM
    :D shhhhhhhh, ppl who got into IV after Apr 2007..please dont express your views...


    Who did not even know about IV till Apr 2007 are talking here.



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  • chapper
    08-13 07:51 PM
    Thanks kdprasad - where your I140 was approved from




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  • santb1975
    12-18 11:37 PM
    This is hilarious. :D

    ...to your linguistic skills, dear lady (assuming so from the alias... :) )

    You had me looking for the word geralizing in a dictionary... :)

    Now, it has happened more than a few occassions that I've come across words that I had no clue about.... and this was one such moment. The dictionary bot came up with a blank face, expressing its helplessness. Looking at the results, I'm assuming you meant "generalizing".... clueless me couldn't figure that out sooner.. :)

    Nothing like such amusing moments, thanks to IV, to bring cheer to an otherwise dark & gloomy day (well, mostly... in California a little overcast weather for about half a day can cause the much-feared Seasonal Affective Disorder (http://www.mayoclinic.com/health/seasonal-affective-disorder/DS00195) (SAD) to some... :) )

    And those feeling depressed.. perhaps the weather may have something to do with it... ?

    cheers!
    jazz



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  • gsc999
    07-11 12:35 PM
    Is it legal? There could be a law written in the 1800s that bans something like this. Please confirm. Things like burning stuff have a tendency to go out of hand and create larger problems. IMHO, more peaceful means would be better.
    ---
    Nah, we have better things to do than burn something.
    Also, we don't want to add to the already hot weather in California and to global warming at large. We need cool ideas not hot headed remarks. :) I like the flower idea better




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  • desi3933
    06-23 10:49 AM
    I think -- may be.. it will make some difference.

    on uscis site: contact us: I got this email address.

    uscis.webmaster@dhs.gov.


    I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.

    It will make a different if USCIS receives emails like this... in thousands?

    Please note that it is employer's choice to continue GC processing or not. By not giving future open job offer letter, they may not be doing anything legally wrong. It is employer's choice to continue with GC or not. remember, Employer can cancel or revoke I-140 ANYTIME until I-485 is approved.

    Employee is just a beneficiary and can not claim right to file I-485 just because I-140 is approved or pending.

    Just my 2 cents.


    Not a legal advice.



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  • mchatrvd
    09-11 11:06 AM
    Guys
    I am seeing lot of heat and frustration out here and it is understandable to whole extent. First of all, I am a DC/MD/VA state chapter member and working towards achieving goals of getting GC in one year. Sounds funny right!!!! But it is true. We are working at grass roots with the National Leadership of IV to get things going at individual constituency level. I just posted this on another thread on IV. You might be knowing that DC Metro area should be having thousands of professionals making good money and stuck in this mess!!! Thousands!!! Do you know how many active members we have for this chapter!!! around 160!!!! Do you know how many turn up for weekly chapter meeting!!! 15!!!! But we are fortunate two have these 15 people who are putting their time and effort to talk to lawmakers.... These people also donate money. By the way these people are mix of EB 2 and EB 3. Do not try to create this division of EB2 and EB3. Some of the people running this IV have their green card but they are still putting in their time for you guys to lobby....It just takes 25$ each month to become donor but people don't want to do that. Don't think that IV will show you proof of concept for you to start donating. If you cannot volunteer, just keep quiet and wait for next VB. I also know that people cannot make to state chapter meeting because of commitments, distance etc. Understandable but have they asked state chapter via email what all they can do in their constituency to sort this out......Join State Chapter and see what all IV is doing...You guys have no idea what all is going on behind....If you think you can help...at least start donating and more important....start volunteering with your state chapter....If thousands of us start screaming to our lawmakers office....you will not need money to lobby anymore.....




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  • desi3933
    06-23 12:19 PM
    Can an employer revoke the I-140 after 180 days of I-485 pending?

    Yes. However, AC-21 can save the I-485 for the beneficiary even if I-140 is revoked/canceled as long as the date of such request is dated after 180 calendar days of I-485 filing date.

    Not a legal advice.




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  • mantric
    12-16 05:22 AM
    here's my list. would love to hear others.

    1. listen to music.
    e.g. kishore songs.
    http://www.youtube.com/watch?v=FjjK_37OpNM
    sing !

    2. read a good book.
    e.g. Emerson essay on compensation.
    "For everything you have missed you have gained something else."
    http://www.rwe.org/works/Essays-1st_Series_03_Compensation.htm
    i think it's a very powerful essay for life.

    3. go to the gym. workout. jog. lift weights. play a game.
    table tennis really helps.
    resolve to be your fittest.
    adversity must make us stronger, not weaker.

    4. travel internationally
    take a trip to some country you've never gone to before.
    observe people's olympic struggles.
    it's part of the human experience.

    5. learn a new skill
    something you've always wanted to do but did'nt get around to.
    public speaking, dancing, singing...your choice.
    take a class at a community college or a university.

    6. go to temple or church or mosque.
    make a deeper spiritual connection with God.
    let him lift some of your burden.
    i listened to Hari Om Sharan after many years and experienced a real sense of joy.

    7. spend time learning about US government.
    get to know more about how government works. why does house vote differently than the senate ?
    get to know the 100 senators and 435 house reps. especially how they stand on legal immigration.
    our friends on the other side of the fence have done us a favor by organizing this information
    http://grades.betterimmigration.com/index.php3
    just reverse the grades. consider approaching reps/senators with your situation.

    8. learn from IV efforts of previous years
    many skills were introduced which could have helped us. what can we learn from what failed ?
    e.g. comprehensive immigration bill 2006. it passed in the senate but stalled in the house.
    Gandhigiri did work this year. it was a major success story we should celebrate and learn from.

    9. accept and enjoy the present.
    accept the present moment. breathe.
    enjoy nature - the sun, the moon, the heavens, fresh air and water. make new associations and friends.
    experiencing these gifts of life is enough to keep one happy.

    10. write it out.
    record the feelings you are going through in writing.
    capture the details.
    what was your journey, your expectations, your highs and lows ?
    you may see your struggles in a different light 10 years from now.




    acecupid
    07-03 02:31 PM
    I understand the pain you are going through... but we do not want to sound pissed! Just a simple best wishes will put our message through (if done by enough people). It burns no bridges... and it can attract the media... we want to shame them not ourselves!



    We dont want the morons to think we are appreciating their work. If we are not clear in our message it doesnt make sense to send the flowers. Its not going to burn any bridges in my opinion. There was no bridge in the first place :):D




    surabhi
    04-23 05:18 PM
    There is moral obligation too. Whenever you hire H-1s make sure most of them have dreams to get GC and settle down. Dont take risks in such a ways their dreams get shattered because of poor business practices. just to hire people dont run in your businesses on losses and in turn force yourself to shut down the business.

    I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.

    1. H1B is a legitimate business expense. It should be factored in as such by the employers.

    2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.

    3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.

    4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.

    5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.

    6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.

    7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.

    8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.



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