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  • willigetagc
    09-07 11:16 AM
    This one was posted by one of the IV members, sreedhar in other section of the forum. Don't know how much truth to it...:rolleyes:

    If anyone has seen this already, my apologies...

    http://immigrationvoice.org/forum/showthread.php?p=285637#post285637



    Hello All,

    I am giving this information after my cousin complete the interview with USCIS on 09/03/2008. Please take a look at the detail conversation bellow.

    IO: Immigration Officer
    MC: My Cousin
    MCL: My Cousin Lawyer

    IO: We are not able to verify your finger prints. That�s the reason we called you for the personal interview.

    MC: I am ready to give right away.

    IO: No your finger print images not at all visible. There is no way we can check your Criminal background.

    MC: Is there any other alternate solution for this �? If so please advice.

    IO: Yes�You have to submit local county police clearance certificates from past 3 years with in 30 days.

    MC: Can you increase the time�? 30 days might be not sufficient for me to collect all the information

    IO: Sure�Make sure you submit with in 45 days. Thank you.

    MC: Can I ask one question�?

    IO: Sure�.

    MC: I applied my GC in 2003. Almost 5 years completed�Now I have problems with my finger prints. What else I need to do for the getting the approval on GC

    IO: Don�t worry�Submit the Police clearance certificates�We will approve your GC soon. With out verifying I can�t approve...If I approve� I will loose my Job�

    MCL: Well �.My Client PD is Dec 2003 EB3-INDIA. Visa numbers are not available at this time why you are asking to submit police clearance certificates with 45 days�? And once we submit how you will approve my Client GC without VISA numbers available�?

    IO: Good question�.All EB Visa Numbers will current in coming 2 months. That�s all I can say. There is some process going on to collect some unused visa numbers�.I don�t know what exactly going on�But I can say with in 2 months EB Visa numbers will current.

    MCL: Oh that�s great�

    IO: Yes it is�

    MC & MCL: Ok thank you for your time and we will submit police clearance certificates with in 45 days.

    IO: That�s good�You are all set to go now. Thank you.

    Based on above conversations I am saying�Please do not abuse me if it�s not going to be happened in 2 months. I am just sharing my cousin Interview details. I am also EB3-I 2004. I wish and Pray to GOD to make IO comment come true. Thank you.

    -Sree


    Hi Sree, which country immigration are you talking about ? :o
    :D





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  • GCBy3000
    04-17 10:39 AM
    yes, GC is for future job. But if you are working with the employer while the GC in process, it is hard to substantiate that you are doing similar job in Team lead and in Manager position. There are job codes http://online.onetcenter.org/. These are the guidelines followed by USCIS. Any employer will not allow this to happen as an audit will cause this employer to be on blacklist with USCIS.

    You can take any job and role until you adjucate 485. Once your adjucate the 485, you have to come back to the role defined in your LPR and stay there for a while. There is not strict guildeline for the timeframe on how long you have to do the current role once your have your GC. My company attorney recommends 6months to a year. After this, you are safe. Nothing will be a problem if you do not follow these guidelines until you go for naturalization(citizenship).





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  • reachag
    08-31 10:10 AM
    Looks like this is only for renewals





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  • Anders �stberg
    July 15th, 2004, 03:12 PM
    Thanks Nick!

    I have this goal, or more of a hope really, of coming home with one "OK" shot every time I go out. It doesn't always happen, but today makes up for a couple of those not so good days. :)



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  • YesGC_NoGC
    03-19 10:06 PM
    There are no TAX on selling price as long as you stayed in the house for 2 year , you can exclude up to $250,000 ($500,000 for a married couple)

    If you meet the two-year ownership and use tests for a principal residence, and don't sell more than one principal residence in any two-year period, you can exclude any capital gain tax on the sale - up to the $250,000 or $500,000


    When you close your sale, your real state lawer will pay to your bank, your real estate agent, your reality transfer fee and other misc fee like Attorney fee etc.

    I have sold 2 houses in last 7 years and no real estate lawyer ever asked for 10% tax!!!


    More over are you making any money on the property sale now a days?!



    FED allows

    What are (if any) the tax implications > if a H1b or EAD holder sells his/her house?

    From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?

    Can anyone who has sold a property on h1 or EAD confirm this?

    Please share first hand experience and not something that someones heard through the grapevine





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  • designserve
    11-08 01:12 PM
    The embassy is free nowadays... calendar opens up 2 weeks before. I went thru the process 2 months ago...It was the same.



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  • Desi Unlucky
    07-27 07:22 AM
    I was not greatly familiar with the I 140 process and since long i was thinking of posting a question on the forum. Yesterday i saw this thread and tried searching if there are any answers to my Questions.

    It was spot on. with in 15 minutes, thanks to the search engine i now know

    1. What SRC in front of the reciept no
    2. Which centers process I 140
    3. What are the processing times

    My suggestion to IV would be to have this search URL on the home page.





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  • GotGC??
    03-09 07:01 PM
    Just goes to show that reform is the only solution. There is no point waiting out for the Visa bulletins for the next 6-7 months...

    But someone was mentioning that unusedvisas for the current year is "released" in the 4th quarter (July-Sep). May be something would come out of that...

    In similar context I have a few questions...

    The EB2 date is stuck at Jan 08,2003 for months now.I know about retrogression and all that. But can someone explain why the date is not moving? Is it because they ran out of numbers for EB2 for FY 06? (Like they do in H1 cases)
    Also does anyone know why the EB2 visa numbers were dropped from 537 in FY05 to 145 in FY06? and why suddenly in 2006 they granted so many visas(6083 in FY06 vs 0 in FY05) to Schedule A workers (Nurses,Physical Therapist,Aliens with excep ability) ? was Schedule A category backlogged for all these years? I am just trying to get some things cleared about how the visa numbers are allocated.



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  • ski_dude12
    03-22 11:50 AM
    What about your previous H4 visa. Is that valid? or did they void that visa when they refused the new one. Or your previous H4 has expired?

    If your previous H4 is valid you can try to re-enter using that. You will have to tell the officer at POE about your H4 visa denial, if asked.

    Good luck and do not get scared. It is not the end of the world.





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  • Alien
    02-09 11:22 PM
    Is Canada an option? Its a safe bet to get it stamped in Canada.You will get your passport back the same day or the next. You shouldnt have any problem related to transit visa as long as you stay inside the airport.Check with the respective consulates.



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  • GCMan007
    03-12 09:46 AM
    After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.

    EB2- PB Dec2003
    485 Filed date: 08/02/07
    Texas service center





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  • sdrblr
    09-21 10:41 AM
    Quick question... Do you know why your H1 extension was rejected(denied). If the reason is client letter, why and how do you think it will be approved with a new company when they will have to get the same letter from the same client. How different will be your situation.

    If the reason is not for client letter, then ignore the above question.


    Hi,

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

    Regards
    H1BInTrouble



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  • waitin_toolong
    03-29 01:22 PM
    did you not send a copy of H1 extension receipts with H1 transfer request?





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  • arihant
    12-28 11:08 AM
    All the gurus on this forum,
    I have this questions and I have feeling some of you are considering doijng this;;;;

    My I-140 and 485 was concurrently filed in Dec2002. I-140 got approved. 485 is pending.
    As i decided that this GC process should not hold me captive i went ahead made plans for my MBA education. Now I have an admission from INSEAD france for classes starting 2007.
    IF my employer gives me Pesonal Leave of Abscene for one year....without pay
    can I take off for studies without impacting the GCprocess?

    Since I will be moving out of my residenec should I inform the INS of a new address friends) so that they can send EAD/AP etc..

    I would love to connect to anyone who is similar situation......

    PLEASE respond
    :(

    Why is your 485 case pending since 2002? Is it stuck in Name Check or due to retrogression. I thought that 485 cases are progressing relatively fast as long as the case is not affected by retrogression and is not stuck in the black hole called "name check"!



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  • lvaka
    05-19 01:19 PM
    Dear Desertfox: Can you please advice me on the below 2 questions while efile (756 - EAD)
    1. Q 14 - Manner of Last Entry into the U.S.:
    (Visitor, Student, etc.) - Which option has to select from List of Values. ( DA: ADVANCE PAROLE (DISTRICT AUTH)?.

    2. What do I mention for this : For (c)(9) eligibility status only
    Please select the location where your
    I-485 is pending:

    Please provide information concerning your eligibility status:

    Thanks,

    Hi,

    1. I was been advised by my Lawyer to pick "PAR -Parolee" if we have used our AP. But if we have last entered using H1 B then we have to pick "H1 B"

    2. We have to provide the following in this field
    485 receipt number - xxxxxxx
    140 receipt number - xxxxxxx (This is optional)

    I would put the first line with the 485 receipt number





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  • waitnwatch
    10-02 03:31 PM
    When you get a new H1-B approval you get a new I94 too in the mail .You are supposed to staple it to the old I-94 (I think this instruction is contained somewhere within the new I-94). When you leave the US you are supposed to hand over both I-94 cards (no exceptions). When you come back you get a new I-94 at immigration. The I-94 is a entry/exit departure tracking mechanism and if this record does not show up correctly when you are coming back in you may be in for some problems.



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  • prabasiodia
    03-18 07:47 AM
    Anyone can start a C-Corp in USA, (s)he is not even needed to be present in USA. If you're present then you must be legally present; any valid visa or EAD etc. will do.

    The issue becomes a wee bit trickier when it's time to remunerate yourself like drawing a salary. From IRS's point of view, an LLC is nothing more than a proprietorship (sole or partnered), a disregarded entity. Since the income must be filed with your own tax return, it's a "no go" for most H visa holders. For the same reason, most would not want to start an S-Corp. Sice GotFreedom? is on H1 and started an LLC, I would like to know how he's managing his tax returns? I really don't know how does filing tax returns get affected by your spouse's visa status, specifically when you're married and filing jointly.

    Apart from the visa situation, you should be concerned about the liability. What if one of your customers wants to sue you? LLC provides "LIMITED" liability protection. if you're not concerned about liability at all, then I would suggest to start as a Sole Proprietorship. You've nothing to do (if you're starting the business in your name such as Mike Hofner's Deli) except to earn money :-) and report it as income in your tax returns. If you want to give a separate name to your entity, file a DBA (Doing Business As) with your state.

    C-Corp is a safe bet for all types of visa holders of all nationalities. But there is a lot of bookkeeping you'll have to do. Hope this helps!!





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  • kaisersose
    11-10 02:32 PM
    Hi ,

    My 180 days have passed and I have an approved 140. My job was filed in 2002 in EB2 as s/w engg. In this job i moved to project manager in IT. Now I am getting a job offer for an awesome company, nice pay and as a program manager. the role is still in IT but it will be more managing.

    Would this be a safe bet to take by choosing AC-21?

    Please reply. i need to respond to them in a couple of days....

    Nope. Management activities fall into a different job code and you will be breaking AC21 rules by taking up this new role.

    If your employer is cooperative and your lawyer is willing write the new job description to fall into the engineering category and not management, you may be OK. But if it is an "awesome" company as you put it, I doubt they will be willing to manipulate your job description.

    Anyway, check with them and the lawyer before you give up.

    Good luck





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  • newyorker123
    09-02 08:03 AM
    lj_rr,

    you dont need any special form to make FOIA request to DOL.

    "The Department of Labor does not require a special form in order to make a FOIA request. Requests must be in writing, either handwritten or typed. Requests may be submitted by fax, courier services, mail, or to foiarequest@dol.gov. Although, as discussed immediately below, certain information may be required from a requester. "

    U.S. Department of Labor -- Freedom of Information Act Guide (http://www.dol.gov/dol/foia/guide6.htm#how)


    I wanted both Approval notice and Application(ETA-750), please tell me how to make this request?





    GCBy3000
    04-17 10:39 AM
    yes, GC is for future job. But if you are working with the employer while the GC in process, it is hard to substantiate that you are doing similar job in Team lead and in Manager position. There are job codes http://online.onetcenter.org/. These are the guidelines followed by USCIS. Any employer will not allow this to happen as an audit will cause this employer to be on blacklist with USCIS.

    You can take any job and role until you adjucate 485. Once your adjucate the 485, you have to come back to the role defined in your LPR and stay there for a while. There is not strict guildeline for the timeframe on how long you have to do the current role once your have your GC. My company attorney recommends 6months to a year. After this, you are safe. Nothing will be a problem if you do not follow these guidelines until you go for naturalization(citizenship).





    shx
    10-12 10:46 PM
    As of October 12, 2007, USCIS has completed initial data entry and issued receipt notices for applications and petitions received on or before the dates indicated:

    California Service Center
    Form Number Date Received

    I-130 8/30/2007
    N-400 8/01/2007
    All Other Forms 7/30/2007



    Nebraska Service Center
    Form Number Date Received

    I-131 8/14/2007
    I-140 8/14/2007
    I-485 Employment
    Based 8/14/2007
    I-485 Asylee 8/07/2007
    I-485 Refugee 7/16/2007
    I-765 8/14/2007
    N-400 7/29/2007
    All Other Forms 8/05/2007



    Texas Service Center
    Form Number Date Received

    I-131 8/13/2007
    I-140 concurrently filed
    with I-485 8/13/2007
    I-485 Employment
    Based * 8/13/2007
    I-765 8/13/2007
    N-400 7/18/2007
    All Other Forms 9/16/2007

    *California Service Center and Vermont Service Center are currently assisting in data entry of employment-based I-485 and related forms (I-140, I-765, and I-131) received at Texas Service Center between the dates of 7/28 and 8/8. As a result, some applicants may receive receipt notices from a service center different than the one they originally applied to.

    Vermont Service Center
    Form Number Date Received

    I-130 7/29/2007
    N-400 7/25/2007
    All Other Forms 8/01/2007



    USCIS Lockbox
    Form Number Date Received

    TPS 9/13/2007



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