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  • Blog Feeds
    12-28 04:50 AM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi1zchHqezHsXwSwzy9UGruloYYFwhk_sYQsTLbAm-fIcuiIkjL07VxSB1H2OLuqiwPx32SeVzD-JC6oYj_dcHPyysWlkd_8f-e3_8yZXHTVWeRg9Xhlfj6ka3HQ532Pre2zJDhKSmf23c/s320/hebrews-detention.bmp (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi1zchHqezHsXwSwzy9UGruloYYFwhk_sYQsTLbAm-fIcuiIkjL07VxSB1H2OLuqiwPx32SeVzD-JC6oYj_dcHPyysWlkd_8f-e3_8yZXHTVWeRg9Xhlfj6ka3HQ532Pre2zJDhKSmf23c/s1600-h/hebrews-detention.bmp)
    President Obama has proven how tough his administration can be with 287,000 people deported in the past 11 months, many of whom have U.S. citizen spouses and children. The American Dream is a Dark and Twisted Nightmare for Some Seeking Justice in Immigration Courts (http://ailaleadership.blogspot.com/2009/06/american-dream-is-dark-and-twisted.html) ICE detains people suspected of violating civil immigration laws, not criminal laws. In fiscal year 2009, Immigration and Customs Enforcement imprisoned 369,483 immigrant detainees - more than twice the number held in fiscal 1999. Immigrant Detention Doubles Since 1999 (Washington Independent) (http://www.detentionwatchnetwork.org/node/2463) ICE detains more than 32,000 aliens on an average day. DHS OIG Report: Medical Care for Detainees (http://www.aila.org/content/default.aspx?docid=30855). Over 1,500 companies have been subjected to audits by the Department of Homeland Security to verify they completed the employer verification process within three days of hire. ICE CRACKS AUDIT WHIP (http://ailaleadership.blogspot.com/2009/07/ice-cracks-audit-whip.html) to restore accountability to U.S. Immigration enforcement now! Immigration Focus Is on the Employers (http://www.nytimes.com/2009/07/02/us/02immig.html?ref=global-home). The crises in family and employment immigration are chronic and pressing. The backlog in family and employment waiting lines is gravely dispiriting and undermines the long-held principle of family reunification. Immigrant Visa Numbers Hopelessly Encased In Amber (http://ailaleadership.blogspot.com/2009/06/immigrant-visa-numbers-hopelessly.html). The situation is deteriorating every day with more detentions, more denials, more delays, more deportations and more defective decisions. ICE has now reported 105 deaths in civil immigration custody since 2003. More Immigrant Deaths in US Detention CommonDreams.org (http://www.commondreams.org/headline/2009/08/20-7) Now is the time to turn the tide of the culture of �No� pervading our immigration system. We need to unite families and we need to keep industry vibrant and competitive. Immigration and American Innovation (http://ailaleadership.blogspot.com/2009/12/immigration-and-american-innovation.html) These shortsighted policies threaten our economic security and that of our children�s as well.AILA believes that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers, and due process protections to restore the rule of law in our immigration adjudications and courts. AILA Welcomes Obama's Proactive Push for Comprehensive Immigration Reform This Year (http://www.aila.org/content/default.aspx?docid=29372). Immigration reform must be a critical part of any effective economic stimulus program. For immigration reform to work, it must provide a path to legalization for undocumented persons. It must provide opportunity for bright graduates � and it must open doors for those who bring investments, and for those who establish companies providing jobs and making contributions to our nation�s economic growth.Representative Luis V. Gutierrez�s �marker bill� was a start, hopefully Sen. Charles Schumer (D-N.Y.) and Lindsey Graham (R-S.C.) will lead with an immigration bill the nation needs so urgently. Shortsighted enforcement only policies threaten our economic security and that of our children�s as well. The Obama administration has a clear understanding of the issues and they need to prove they are committed to fairness and due process. Its time to walk the walk - the time for action is now!
    https://blogger.googleusercontent.com/tracker/186823568153827945-898415051375698769?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/12/comprehensive-immigration-reform-its.html)




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  • immiadvise
    12-30 08:03 PM
    hi,

    thanks for the reply. If its going to be a problem , i will shift to a different company. what is your suggestion to me ?
    If i get a chance to move to a different company ,, do you want me to leave the current company?

    waiting for your reply..

    once again thanks for the response...


    Thanks




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  • akred
    08-10 07:41 PM
    I was hired for a position that required Masters and I fortunately was in EB2, but a colleague of mine, who is doing the similar work, was put in EB3 because his manager created the position with a requirement of Bachelors. He had a Master's degree. Here employee suffered because of his manager's ignorance

    Wouldn't say it is ignorance on the part of the manager. Ignorance is easily abated by the employee talking to the manager. Plus any good lawyer will ask the manager if a master's degree is required for the job before proceeding with recruitment.

    More often there are other reasons such as ego issues ("I don't have a college degree so why does my report need a master's degree") or practical difficulties (necessity to raise the wage offered) that can cause an otherwise qualified person to be classified as EB3.




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  • qplearn
    12-12 02:53 PM
    Hi all,

    This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.

    Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.

    So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.

    I would be eager to see what people say here.

    Guess the smart people here are going to say: go back and reduce the queue. Just kidding:)



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  • needhelp!
    11-07 05:07 PM
    bump..




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  • StuckInTheMuck
    03-09 11:47 AM
    Hi akilaakka,
    It was EB1-EA ("extraordinary ability") category.
    Cheers.



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  • hpandey
    11-11 11:06 AM
    Either it is all a big mystery or a conspiracy. I agree with you that there can't be so many people from EB3-ROW from 2002 still waiting for their GC . Same with India and China. They are still sitting at 1st May 2001. I wonder how many people filed in 2001 that even after 10 years USCIS is still processing their cases.

    There is something going on behind the scenes and breaking ( or bending of the rules ). They could easily have prevented visa wastage all these years so the backlog could be reduced but do they ? Who's preventing them from using up all the visas and doing what is best for the applicants .




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  • reedandbamboo
    09-15 12:00 PM
    Singhsa,

    Good idea! See you there.



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  • gc28262
    07-30 07:07 AM
    Success Story: Showing a Valid Employer-Employee Relationship (http://shusterman.com/newsletterusimmigrationaugust2010.html#5)

    As reported in a previous newsletter, a January 8, 2010 USCIS memo entitled "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements" has made it more difficult, and sometimes impossible, for IT consulting firms who hire professionals to work at third-party worksites to obtain H-1B status on their behalf.
    The stated purpose of the memo by Donald Neufeld, Associate Director of Service Center Operations, is "to provide guidance, in the context of H-1B petitions, on the requirement that the petitioner establish that an employer- employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period."

    The memo puts particular focus on determining if the employer has demonstrated that it has a "sufficient level of control over the employee." See our H-1B Visa Guide for additional information.

    We represent many IT consulting companies, some of which place temporary H-1B workers at client-sites as is common in the industry. In March 2010, we helped one of our corporate clients prepare and file an H-1B extension on behalf of a Senior Systems Administrator who had been working for the same employer since June 2009 in H-1B status authorized by USCIS.

    Approximately 3 weeks after the H-1B extension was filed, the USCIS issued a 4-page Request for Evidence (RFE) essentially asking for a laundry list of documents, including Tax Returns of both the petitioner and beneficiary, quarterly wage statements, contracts, photographs of the worksite, etc. to demonstrate that a valid employer-employee relationship existed and would continue to exist for the full duration of the requested H-1B extension of stay. The RFE actually asked for evidence that the employer-employee relationship had existed since the original H-1B approval had been issued (some 9 months before the H-1B extension).

    Fortunately, we had forewarned our client of the issues raised by the January 2010 memo and the company was able to provide us with much, if not all, of the requested evidence, including copies of contracts it had in place with the company where the employee was assigned. The contract included language that we brought to the Service's attention stating:

    "Contractor shall have sole responsibility to recruit, interview, test, select, hire, manage, train, counsel, discipline, review, evaluate, set pay rates(including the classification of Contractor Personnel as exempt or non-exempt), and terminate the persons who provide the Services hereunder."
    and
    "On-site Contractor Personnel will be required to acknowledge that they are not employees of CLIENT COMPANY to agree to dispute resolution procedures regarding any dispute they may have concerning their employment by Contractor or concerning their employment status."
    We were able to further demonstrate the petitioner's supervision of the employee by showing the hierarchal structure of the organization and evidence that the company had control over the day-to-day activities of the employee through regular service and progress reports.

    This case shows the importance of preparing in advance for any possible issues as most RFEs issued by USCIS only allow the petitioner 30 days in which to respond. Because we had anticipated the issues raised in the Neufeld memo, we were able to provide sufficient evidence of the employer-employee relationship to satisfy the USCIS's concerns. This resulted in an H-1B approval notice being issued for our client a short time after our response to the RFE was filed.

    In this era of increased scrutiny by the USCIS of most types of petitions, we would not suggest any consulting or staffing agency even consider filing an H- 1B petition if it does not have sufficient evidence of the existence of the employer-employee relationship, including signed contracts between the petitioner and the end-client. It is important to note that in many cases similar to this, the USCIS will only approve the H-1B petition for the duration of the contract between the employer and the end-client. Read more of our Immigration Success Stories.




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  • terpcurt
    January 1st, 2005, 09:54 AM
    The alien bees are nice, and you can a good setup and not spend $2,000....... I got 2 bees, stands, wired remotes, hard side travel case, umbrellas and a softbox for less than $1,000.



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  • harry15
    02-14 08:44 AM
    Thanks for all the prompt replies.




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  • bluez25
    07-22 04:57 PM
    I have an appointment on August 11th in chennai consulate and I am flying tomorrow to India to submit my documents to VFS.

    Can any one tell when will the visa number assigned to the CP case?

    The reason I am asking is because I am little worried if the date gets moved back after 1st week of august (From last year July fiasco experience) or some thing and I will be in India already, then I will be in big trouble.

    Any insight would be appreciated.



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  • a_yaja
    10-07 01:47 PM
    My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.

    My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.

    But my question my I94 is expired on 9/30 then what is my current staus.

    thanks in advance.

    You need to file a new I-9 with EAD as condition of employment ASAP. Otherwise you are working without authorization as your H1B has expired. As far as status is concerned, you are good as you are on AOS, but file the new I-9 (with HR dept. of your employer) quickly to avoid possible complications in your GC process.




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  • CaliHoneB
    09-21 10:50 AM
    After 7 + years of wait time I am thinking just sticking to the rules(or not using creating solutions like buying labor, porting etc not that I am judging any one) may not help me get GC in near future. Previously I thought may be it will take some extra years but ultimately I will get my GC but with latest USCIS misallocation of numbers for last year it seems getting my GC is simply a moving target.

    I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
    The solution is simple
    Eb2 = B.S+ 5 years of experience or M.S degree
    So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)

    I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
    I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
    Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
    The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
    I know it is a wishful thinking but I see this as a most practical solution on the table.



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  • radosav
    04-19 04:40 PM
    happy to see so many folks can finally apply for I-485 and many stuck in retro can finally get GC.

    my PD is nov 2005 so I guess we will be waiting to apply for I-485 for a while (perhaps, 3-4yrs) :cool:

    or not!:p




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  • prdgl
    02-12 09:33 PM
    Hi,

    Will anybody know what kind of issues I will face if I go for EB2 with MS+0or Will it go through fine ? Want to know both for LC and I-140 stage.

    Thanks



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  • PavanV
    08-08 06:32 PM
    To hell with the checks and all, if you are all legit, there is absolutely no need to worry, people are ready to go back and not rot with this economy, increasing this intrusive checks will make people more averse towards H1 , which might help the local folks finds jobs, but it will adversely impact the economy of this country. I guess it has to be this way.




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  • rajeshalex
    11-18 07:07 PM
    you can check with info@alexys.us... They can help you to get the appointment.

    My H1b I did through them..

    Rajesh




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  • needhelp!
    11-13 09:29 AM
    > > apostrophe IS OUR 100TH MEMBER < <




    santosh_3000
    07-18 12:11 PM
    Hi,
    I applied I-140 using substituted labor(13th July 2007, receipt no yet to come) on future employment basis ..

    Since, USCIS has allowed filing for I-485, I wanted to file my I485, with my future employer but he is not ready to file I485 until I come to his payroll.

    I need your valuable suggestions to make my decision, my questions are:

    1. If I want to join on his payroll, I have to leave my existing company/Client, so that I485 can be filed ... Should I agree for this? what's your opinion???


    2.How safe do you think, idea of leaving my current established long term client and finding new client through him , for filing i485 purpose ?

    3. Also, I am not sure about how/when my labor substitution will be approved? And in worst case, if it gets rejected, where I am going to be( I completed 3.5 years on my H1 visa which means I have 2.5 years remaining in my 6 year)???

    5.What are the benefits (and in what timeframe) I can expect if I decide to file I485 now ?

    Many Thanks in Advance!!




    waiting4gc
    06-29 01:58 PM
    If you read the form, it says Alien number. If you have one, its a simple answer, USE IT. If you had one during OPT and one more on 140, you should ask your lawyer which one to use. Thats my opinion. Always consult a lawyer but as none of us are lawyers.

    now this is confusing..should we or should we not use the A# from OPT card...Anybody else confirm this



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