Saturday, June 18, 2011

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  • logiclife
    03-13 01:35 PM
    DUI and DWI are crimes that can get your greencard petition in trouble even today.

    The only thing today, that will not jeopardize your Greencard application is minor traffic violations. DUI and DWI and not minor traffic violations.

    These amendments are only enhancing it to DEPORT those who are found driving drunk. The irony is, if you are an immigrant either illegal waiting for amnesty or legal waiting for your labor/485, you are more likely to need a drink or two.

    --logiclife.




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  • reddymjm
    09-22 06:49 PM
    I just printed mine and will mail them tomorrow.




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  • red200
    12-10 07:27 PM
    I missed the july fiasco by 15 days. Atleast if we get the administrative fix to apply atleast 485. That would help us a lot, after labor if we are allowed to apply for 485 within a specific timeframe it would be nice.




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  • ilwaiting
    04-25 01:09 PM
    Well, I'm sure you know Employer is the one that needs to file for GC. I think it has been said and done multiple times the various scearios that might ditter a person from pursuing the GC process. Let alone waking up 6th year of his H1B, I'm sure no one is so dumb.

    As for your question:
    "So what happens to people who already have a PD based on the labor(LC) date?"

    It needs to be handled carefully by USCIS. What happened to the 300K+ DOL Backlog cases that are still being adjudicated at BEC. But the new PERM process got enacted without a hitch. May be something similar would happen with this one too




    So what happens to people who already have a PD based on the labor(LC) date?

    I dont want to go a step back in the line just cuz someone who had been lethargic all his life just woke up on his last day of his 6th year and goes "Ohh you know what I think I might be interested in a GC" ,when I had planned or had the *intent* to apply for a GC a few years before by applying for LC.



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  • DSJ
    07-06 11:01 AM
    we (those who already filed + those will be filing) can never be united, may be it is our birth right to dispute each other. What a pathetic scene, guyz one thing to remember is unless old cases get cleared there is no way new one gets benefited in the long run.




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  • sareesh
    09-13 01:39 PM
    where you promoted for EB2 ?

    thanks,
    SG.



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  • bkarnik
    04-26 10:15 AM
    You stated dual intent immigrants. In letter and spirit.
    That contradicts US Embassy provisions of H1 stamping, when you first go for the visa interview. Doesn't the US Embassy/Consulate state that you should be able to prove your intent NOT to abandon your country of origin, show you family ties, financial connections. Am I right? I can give a ton of links from US Consulate web sites with those exact words.

    Now, what you are talking is dual intention: get H1B visa and get on the permanent residence highway, at the earliest opportunity.
    It's OK to start with an empty kitty in SS and Medicare account, just when are about to get your Green Card than to walk back to your country losing 10 to 20 grand of your own money after 6 or 7 years. Uncle Sam should not collect SS Tax and Medicare from temporary workers. Period.

    Learning01:

    The intent issue is generally looked at during visa issuance, HOWEVER, please see the link from shusterman or better yet look at the USCIS link (it can't be better than this). The Consular officers never ask you your intent when you are applying for a H1/L1 visa. The intent issue is applicable only when you are applying for a F1/B1/B2 visa.... In the future, before posting anything, a little research please:)

    As for the other issue, I am surprised at the vehemence...why would in not make more sense to get the money that you paid in addition to what the employer matched back when you decide to leave (or are forced to leave)? That way the US gets to use the money till you are here, but you get double the money if you leave. I would also agree with mrajatish...instead of blaming the US for everything, for once lets try to change the way our government works.

    http://www.shusterman.com/di-vsa.html
    http://www.uscis.gov/graphics/howdoi/h1b.htm




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  • indio0617
    03-09 10:08 AM
    another senator suggesting: institute a training fee for nurses like the H-1b training fee...



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  • smisachu
    09-28 10:38 PM
    If this is indeed true then we must high light this and make it our next issue. This is a poster child of USCIS's careless work and sloppyness.




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  • chanduv23
    07-18 04:03 PM
    Strong funding means strong lobbying for our causes. Please help for this cause.

    Contribute for a good cause.



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  • anzerraja
    09-11 07:20 PM
    Order Details - Sep 11, 2007 4:42 PM PDT
    Google Order #473670082977971

    Good luck IV !!!




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  • andy007
    07-18 12:00 AM
    Receipt date is not the date when the application reaches the service center. It is infact the date when your application is entered into their internal system which could be several days after the application has reached the service center.

    And all application they enter into the system.. then give us a Receipt Date Right ... from that time we can apply for EAD / AP (will take time again)



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  • makemygc
    07-06 12:06 PM
    The Visa Bulletin for July 2007 must be read in conjunction with the Update of July Visa Availability.

    http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html

    I don't know why they changed it suddenly.

    They have just linked the two things together making it more explicit.




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  • vkannan
    02-23 08:27 PM
    Lost Until Death!

    ~GCA

    :) Good one Buddy



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  • priti8888
    07-23 04:14 PM
    this is a 2004 EB3 approval! This is the first one I am seeing from 2004. So looks like they have really cleaned the pipes here, and things should be better going forward.

    The nicest thing of this whole fiasco is that they seem to have ignored country-limits and approved as many as possible. Last year they did only 9.8K EB Indians (teh final count was 17k, but that was due to ScheduleA). THis year (2007) if they have gotten 20-30K India applications out, the dates should move better in the future.

    Eagerly awaiting 2 USCIS stats:
    1. per-country per-category EB approvals in 2007
    2. number of 485 applications received by August 17th


    They indeed are clearing up the pipes, so the situation is not as horrible as it seems to be. A pd of 2004 is considered "old" so as soon as visa nos become available in october, they would be the first ones to get approved.




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  • nursekm
    08-08 09:40 PM
    I'm on Schedule A. My attorney filed my I-140/485/EAD on July 30 and it reached USCIS on the 31st. I am now waiting for the Receipt Notice which my lawyer says may take three to four weeks.

    I keep on praying that my I-140 will not be returned due to some mistakes in filing. My lawyer filed I-140 using the new fee. Is this correct?

    I filed my papers around the same time. Do you want to keep in touch and see how things go?



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  • eb3_nepa
    03-08 02:25 PM
    Sorry,
    any mention to any guest working program? I think that if they agree in this point we can see any improuvement on the backlog and "never ending story" in the Green Card process.

    beppenyc, any particular reason that ur interested in the guest worker program?




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  • pdakwala
    03-16 10:24 AM
    Its says beeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eeeeeeep

    I can hear beeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eeeeep

    Nice way to begin a day.




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  • jung.lee
    04-04 12:55 AM
    :confused::confused:We cannot start a S-corp on EAD. Need to be GC holder or US Citizen.
    ...
    Should a Corporation's owners later wish to be taxed as an S-Corporation, they would file a "Subchapter S" federal tax election (Form 2553) within 75 days of incorporating or within 75 days of the beginning of the calendar year. To do this, the Corporation would need to have less than 100 owners, all of whom must be either U.S. Citizens or permanent resident aliens ("green card" holders). Once the "S" tax election is made, the return to be filed is the 1120 "S", rather than the 1120. Whether or not you decide to be taxed as an S-Corporation, your company is still a "General Corporation" in the eyes of the state of incorporation.
    ...
    [
    But we can setup Solo or Partership or C-Corp. Don't run into legal issues by setting up S-Corp on EAD, before getting GC.

    Good luck.

    I am excerpting Internal Revenue Code Section 1361 below:
    Internal Revenue Code
    � 1361 S corporation defined.


    (a) S corporation defined.

    (1) In general.
    For purposes of this title, the term �S corporation� means, with respect to any taxable year, a small business corporation for which an election under section 1362(a) is in effect for such year.

    (2) C corporation.
    For purposes of this title, the term �C corporation� means, with respect to any taxable year, a corporation which is not an S corporation for such year.

    (b) Small business corporation.

    (1) In general.
    For purposes of this subchapter, the term �small business corporation� means a domestic corporation which is not an ineligible corporation and which does not�

    (A) have more than 100 shareholders,

    (B) have as a shareholder a person (other than an estate, a trust described in subsection (c)(2) , or an organization described in subsection (c)(6) ) who is not an individual,

    (C) have a nonresident alien as a shareholder, and
    (D) have more than 1 class of stock.

    (2) Ineligible corporation defined.
    For purposes of paragraph (1) , the term �ineligible corporation� means any corporation which is�

    (A) a financial institution which uses the reserve method of accounting for bad debts described in section 585 ,

    (B) an insurance company subject to tax under subchapter L,

    (C) a corporation to which an election under section 936 applies, or

    (D) a DISC or former DISC.

    There is no mention here that the "resident" must be a permanent resident.

    Here is an excerpt of the Federal Regulation that defines who is a "resident alien" for taxation purposes:

    Reg �1.871-2. Determining residence of alien individuals.
    Caution: The Treasury has not yet amended Reg � 1.871-2 to reflect changes made by P.L. 108-357

    (a) General. The term �nonresident alien individual� means an individual whose residence is not within the United States, and who is not a citizen of the United States. The term includes a nonresident alien fiduciary. For such purpose the term �fiduciary� shall have the meaning assigned to it by section 7701(a)(6) and the regulations in Part 301 of this chapter (Regulations on Procedure and Administration). For presumption as to an alien's nonresidence, see paragraph (b) of �1.871-4.

    (b) Residence defined. An alien actually present in the United States who is not a mere transient or sojourner is a resident of the United States for purposes of the income tax. Whether he is a transient is determined by his intentions with regard to the length and nature of his stay. A mere floating intention, indefinite as to time, to return to another country is not sufficient to constitute him a transient. If he lives in the United States and has no definite intention as to his stay, he is a resident. One who comes to the United States for a definite purpose which in its nature may be promptly accomplished is a transient; but, if his purpose is of such a nature that an extended stay may be necessary for its accomplishment, and to that end the alien make his home temporarily in the United States, he becomes a resident, though it may be his intention at all times to return to his domicile abroad when the purpose for which he came has been consummated or abandoned. An alien whose stay in the United States is limited to a definite period by the immigration laws is not a resident of the United States within the meaning of this section, in the absence of exceptional circumstances.

    Here is the relevant Federal Regulation on Proof of Residence for determining status for tax purposes:

    Reg �1.871-4. Proof of residence of aliens.
    (a) Rules of evidence. The following rules of evidence shall govern in determining whether or not an alien within the United States has acquired residence therein for purposes of the income tax.

    (b) Nonresidence presumed. An alien, by reason of his alienage, is presumed to be a nonresident alien.

    (c) Presumption rebutted.

    (1) Departing alien. In the case of an alien who presents himself for determination of tax liability before departure from the United States, the presumption as to the alien's nonresidence may be overcome by proof�

    (i) That the alien, at least six months before the date he so presents himself, has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or

    (ii) That the alien, at least six months before the date he so presents himself, has filed Form 1078 or its equivalent; or

    (iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.

    (2) Other aliens. In the case of other aliens, the presumption as to the alien's nonresidence may be overcome by proof�

    (i) That the alien has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or

    (ii) That the alien has filed Form 1078 or its equivalent; or

    (iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.

    (d) Certificate. If, in the application of paragraphs (c)(1)(iii) or (2)(iii) of this section, the internal revenue officer or employee who examines the alien is in doubt as to the facts, such officer or employee may, to assist him in determining the facts, require a certificate or certificates setting forth the facts relied upon by the alien seeking to overcome the presumption. Each such certificate, which shall contain, or be verified by, a written declaration that it is made under the penalties of perjury, shall be executed by some credible person or persons, other than the alien and members of his family, who have known the alien at least six months before the date of execution of the certificate or certificates.




    (c) Application and effective dates. Unless the context indicates otherwise, ��1.871-2 through 1.871-5 apply to determine the residence of aliens for taxable years beginning before January 1, 1985. To determine the residence of aliens for taxable years beginning after December 31, 1984, see section 7701(b) and ��301.7701(b)-1 through 301.7701(b)-9 of this chapter. However, for purposes of determining whether an individual is a qualified individual under section 911(d)(1)(A), the rules of ��1.871-2 and 1.871-5 shall continue to apply for taxable years beginning after December 31, 1984. For purposes of determining whether an individual is a resident of the United States for estate and gift tax purposes, see �20.0-1(b)(1) and (2) and � 25.2501-1(b) of this chapter, respectively.


    In summary, I submit to you that if you work in the US for more than 6 months out of a given year, you are a resident alien, and therefore are eligible to set up an S-Corp.

    Since I am still learning about this, any input/feedback/logical arguments with relevant proof/citations would be appreciated!




    arnab221
    06-20 10:45 AM
    Delays at DOL PERM Processing Center in Atlanta to End Soon!
    Posted May 11, 2007
    �MurthyDotCom
    A number of inquiries have come to us regarding delays in PERM labor certification case adjudication. Beginning early in 2007, there has been a noticeable slowing in case processing at the U.S. Department of Labor (DOL) Atlanta Processing Center. This center is one of two locations where PERM labor certifications are adjudicated. The other location is in Chicago. This slow-down is a marked change from the generally fast PERM labor certification decisions that had become the norm.
    �MurthyDotCom
    Personnel Reassigned to H2B Cases
    �MurthyDotCom
    We at the Murthy Law Firm made inquiry about this matter, to gain some insight into why things had changed, and, of course, to determine how the situation might be improved. We were advised that personnel temporarily had been reallocated away from the PERM cases. The Atlanta Processing Center also processes temporary labor certifications needed in H2B cases. Due to demand and time constraints, personnel were diverted to work on the temporary labor certifications, which meant delays in the PERM labor certifications.
    �MurthyDotCom
    Changes Expected in the Near Future
    �MurthyDotCom
    Our sources indicate that the DOL adjudicators in Atlanta will be moved back to their regular responsibilities of processing PERM cases in the near future. Thus, PERM cases there should start moving again soon.


    SKY,
    I am in the same scenario as you since my firm is headquarted in NY . Can you check with your attorney about the processiing times they are seeing for labors filed with the Atlanta processing center . My law firm says that the processing times are more or less the same for Atlanta and Chicago .




    cooldude0807
    11-26 11:22 AM
    Which means that EAD is much safer than H1b. Then why are Attorneys insisting on the opposite (H1b against EAD?)

    If this is confirmed news, i will revisit my blog and make changes

    __________________________________________________ __
    I think they prefer for us to be on H1 rather than on EAD because its easy to travel in & out of the country if you are on H1. If you use EAD then one has to use travel doucments which technically is to be used in an emergency. This is just my opinion!!



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