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  • rc10580
    06-13 02:20 PM
    Hi camberiu,

    my PD is November 2001 and we are hoping that next bulletin will get us there. Keeping our fingers crossed. I am from Europe and my husband from Brazil (on H4 and probably the only unemployed software engineer!!!!!) We cannot wait to file and get his EAD! Good luck!

    Renata




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  • axp817
    02-03 01:49 PM
    Documentation informing the USCIS of your having utilized AC21 benefits isn't necessary, but is a proactive measure usually taken to have a clean slate on the applicant's part.

    It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.

    I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.

    Just my 2 cents,




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  • genius
    12-14 08:06 PM
    Unfortunately,kaplan doesnt issue I-20's anymore.
    Are you sure than ,while the H1B is being processed ,you can live here legally?
    Also what if I get use premium processing and get my H1B approved earlier,would I be able to start work before Oct 1st?

    My OPT expires in May 2007 and I have my Masters from here...

    Thanks in advance!!!




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  • abhijitp
    01-25 12:01 AM
    Hello Nor. Cal,

    If we don't get going, I am afraid that we will not be able to achieve our objective, your objective.

    A few motivated people can only go so far. It is unfair to think that your time is more precious than any other volunteer's time. You just might be surprised to learn from us how busy we ourselves are.

    Please stand up for your rights. Don't take this campaign for granted.

    Thanks for this, gsc999

    Thanks chandu & kiica for your help too!



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  • immi_seeker
    10-05 12:29 AM
    Based on current estimates, it will be 10-15 years time, unless u r son/daughter can sponsor you prior... u will end up in family quota wait still.

    I am not sarcastic this is the reality,

    May be there wil be a big queue for that also at that time




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  • gcseeker2002
    08-14 02:24 PM
    Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
    Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.



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  • eager_immi
    07-19 05:24 PM
    She should go on h4. If she wants her ead she can file once you get AOS receipt No. unless u alreaqy filed for it. If u already filed for her ead you should still wait for her to quit her h1 job till the ead comes through.

    Can someone give me answer for the second question:
    2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).




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  • chi_shark
    09-09 03:45 PM
    This issue must have been beaten to death already... I do not think that you have to be a permanent resident or Citizen in USCIS terms for doing S-Corp. The requirement is stated in a negative fashion in the code. I mean that the code lists what cannot be instead of what should be. And I think it means that a s-corp shareholder cannot be a non-resident alien. Thats it. I am on EAD and I have an S-Corp (i dont do IT with that company). I have a full time IT job and run the company part time...

    I would have liked to do LLC except that it is more expensive to set it up compared to corp. there are record keeping requirements on corp... but if you are a good CEO, you will keep records for any company... no matter what legal style of organization.

    The only operational benefit of S-corp or llc is the pass through taxation... i.e. income is taxed only once... c-corp has to be taxed on profits... on the flip side, however, you may potentially have a company that does very little business in the first year and hence very little profits or taxes... you could give yourself a handsome (but reasonable) salary and hence declare loss or zero profits... there are ways..

    finally, I recommend spending the extra time, money, effort to read a few books (like "Inc yourself") and subscribe to inc magazine, entrepreneur magazine to do all legal and accounting stuff yourself in the first 1 2 years... you will learn a lot! on the other hand if you are starting with large capital base, then you can probably hire everyone right off the bat! (you probably would not have come here if you had plenty of money to hire everyone)


    Please don't give incorrect answers.

    All three corporation types (C-Corp, S-Corp, and LLC) have limited liability to its shareholders.

    The main difference in these corp types are
    1. How much record keeping is done
    2. The way taxes are computed and filed with IRS
    3. The kind of expenses allowed to deduct
    4. C-Corp and LLC can carryover profits to next year(s), but S-Corp has to pass on profit (or loss) to the shareholders at the end of every calendar year.

    For S-Corp, the shareholders must be Permanent Resident or US Citizen.

    I have corporation of my own and this is C-Corp (due to kind of expenses I can deduct and/or write-off). I did all the incorporation work myself without any help from CPA. Incorporation is pretty straight forward and very easy. There are good books in Nolo Press on Corporate Incorporation.


    ____________________________________
    Proud Indian American and Legal Immigrant



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  • anurag
    02-12 02:13 PM
    Jonty,

    But the question is how do we change it when I-485 has already been applied. Is there a form for it? Or just a letter with what details attached?

    Regards,
    Anurag




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  • justin150377
    06-22 09:32 AM
    is a TB skin test neccessary even if you tell the doc you've had a history of positive TB tests? do i have to prove i've had a history of postive TB test for the doctor to remark that on i-693..or can he just remark that without evidence and go on my word

    thanks



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  • mmanurker
    04-13 01:54 PM
    In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
    I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....

    But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.

    Well all I can say is that you all are lucky and hope that the luck does not run out down the road because in US not knowing law is not an excuse and as long as DOL or USCIS does not find this out you are fine. Giving friends address and filing taxes using friends address and filing LCA to show that you will be working from a location in US and running payroll from that state but in reality working outside USA, to me if DOL/USCIS finds out then they might treat this as LCA voilations, fraud and misrepresentation and both you and your employer could land into trouble.

    I remember few years back some of the H1B employees as well as employer(owner of the company and few others) were handcuffed and arrested for LCA voilations...

    here is the old link from murthy.com:

    MurthyDotCom : INS Raid re: LCA Violations Against H1B Employer (http://www.murthy.com/news/UDraid.html)

    here is another one:

    MurthyDotCom : Arrests of H1B Employers Increase (http://www.murthy.com/news/n_h1arst.html)

    LCA voilations also result in H1B's revoked by USCIS. Its just that after Neufield Memo in Jan 2010 that the focus shifted towards employer-employee relationship but prior to Jan 2010, most of the talk on immigration forums were about the LCA and LCA voilations.

    About you travelling upto 4 months, I am not sure how your LCA is drafted and filed. but here is some info that If an employee works for more than 30 consecutive days or 60 aggregate days within a 12 month period at a location not listed on the LCA, the employer must file a new LCA documenting that change. OR employer can list multiple locations on the LCA filed the very first time itself.
    and about your taxes, you will be considered as resident alien if you lived and worked more than 180 days in the same state/place.

    Again I could be wrong here but this is my understanding considering the kind of cases that I hear abt LCA voilations and subsequent petition denials..
    Bottom line seek legal advice from attorneys.




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  • immigrant2007
    06-16 11:30 PM
    Hi- When I started off with the green card process, I had not idea about what most of the things meant. I joined a very reputable Fortune 500 company in 2006 (the same year I came to the US on a H1B), and started my GC process in 2007. The company offered me an pre-approved labor with a 2006 PD, which had a matching requirement w.r.t job description and salary.
    During July 2007, i filed for my I-140 and I-485. Subsequently, my I-140 got approved without any issues. Now, given that my priority date is close to being current (2/14/2006), I'm afraid if using a pre-approved labor will have any role to play with my I-485 approval.

    And no, I'm not working for a consultant. And I have been with the same employer since 2006.

    Please don't start off with the jumping the queue argument. When I used the labor substitution, it was perfectly legal, and didn't even know what a priority date is :-)


    Thanks.
    you will be fine dear friend. you will be able to use your 2005 PD.
    how;s miami?



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  • pbojja
    05-22 11:46 AM
    Why not let people apply 485/140 concurrently even if their PDs are not current?.

    All of us who were stuck know what a relief it is to have EAD in hand. Also non-IT spouses can work if they get their EAD.

    Not that everybody would listen but I would say that it will be good if they allow concurrent filing even if the PD is not current and process the cases when PD becomes current.

    I Agree with you , But again if they allow concurent filling ROW will get preference over us as they will be current most of the time .

    I think it would be best if they allow us to apply for 485 regardless of priority date once 140 is approved .

    140 may take a year but atleast you know you can file 485 in a year , with priority date rule you never know when you can apply




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  • Nil
    11-13 12:06 AM
    ^^^^



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  • optimizer
    01-15 11:15 AM
    My case is also under extended review and in the same situation as other VSG/affiliate current/former employees in this thread.

    Based on the current situation and discussing with other members it doesn't really look like USCIS will revoke or deny I140/I485s enmasse, but you never know.
    We have followed the law and were always employed with paystubs and everything and have nothing to fear.

    I have formed a yahoo group for current/former VSG employees whose GC is stuck.
    Group members can share experiences and exchange ideas as we go through the pain of GC Processing.
    Staying as a group we can plan to hire a powerful attorney if god forbid our situation gets worse.

    I have already sent group invite to some of you to join this group. If you are interested in joining, send me a private message or email me at thebestoptimizer @ gmail.com

    I believe Suvendra had posted the same question in the OTHER popular immigration forum and had some replies there.

    Thanks,
    Optimizer




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  • corleone
    03-19 11:18 AM
    How will an I-140 gets cancelled just because he left the company. GC is for future employment, that should have nothing to do with the current employment. Same with Place of work issue, place of issue on H1 has nothing to do with I-140
    As amit has suggested approaching Senators will do wonders (atleast for some)

    GC is for future employment but I-140 is not GC. I-485 is Adjustment of status to Permanent resident (GC).
    If you leave the company prior I-140 approval. I-140, I-485, EAD & AP are canceled.
    If your I-140 is approved and I-485 is pending for more than 180 days, then and only then, you can switch company using AC21 while still keeping your I-485 pending.
    Mind you, I-140 is not your application, it is employers!



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  • ramus
    06-14 10:43 AM
    Guys,

    Don't create new thred for every single question you have.. You can find right thred and put it there..

    Yes you can file for 485 even though your H1B extension is pending.



    Hi,
    My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?

    Please advise.:confused:




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  • EkAurAaya
    06-01 01:49 PM
    unfortunately anything that says/reads no cap on h1 will be shot down as soon as it takes off...




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  • amitga
    04-27 06:00 PM
    Hagel Introduces Legislation to Deal with Illegal Immigrants Living in the U.S.

    So, on the Illegal side we have:

    Senate Bill: Hagel with The Immigrant Accountability Act of 2007
    House Bill: Flake with the STRIVE

    On the Legal and High-Tech side we have:

    Senate Bill: Cornyn with SKIL Bill
    House Bill: Shadegg with SKIL Bill

    Senate Discussion: Last two weeks of May 2007.

    Let the engines start.

    Are they going to discuss all the bills in last week of May or just the Hagel Bill.




    YesGC_NoGC
    06-20 01:34 PM
    Yes I do agree with you to move on without worry!! As I mentioned that I had made up my mind to accept the position and skip informing USCIS as i read at some places , that it is optional to inform.

    However The Immigration guys (from the prospective employer) saiid that DOL may not like the word "MANAGER" in my case and this can cause issues at later point of time. And They have policy to send letter to USCIS.

    I am looking at looking at options...let's see what is the outcome.

    Thanks




    Guys: I have invoked my AC21 and am a consultant PM though my LC mentions "Programmer/Analyst". I came to this country because it is a land of opportunity and have been in the US for over 9 years now. I can't let this stupid AC21 provisions of "Same or Similar occupation" scepter of fear stop me from moving forward.

    I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.

    My 2 cents but please do what is right for you.




    TeddyKoochu
    10-26 01:49 PM
    is this what you are asking for?

    http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf

    This one looks like is pre Sep 2009 Approvals, we are looking for the updated one which should show very few numbers for EB2 - I, 2003 and 2004.



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