viernes, 10 de junio de 2011

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  • Heart
    10-07 05:35 PM
    My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.




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  • ras
    02-12 11:08 AM
    Why dont you consider one of attorney offices that provide free call services to IV members. That would help you as well as help IV community. May be you can consider Prashanthi Reddy or Raj at Shusterman or Siskind Law firm.

    Hello,

    My company is planning to do an EB2 GC for me. My H1B was done with this law firm called Chugh Law Firm which my company hires.
    I had no problem in my H1B.
    Here in these discussions I see many people asking to go to the best lawyers for greencards etc.
    Does anybody know about this law firm, and your experiences please. Do you recommend I can be safe with them.


    Thank you,
    Bobby




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  • Pankaj
    10-02 09:02 AM
    My Employer had not paid me for 5 weeks. Yesterday, I filed the complain to DOLI, VA. Lets see how it would go. I would recomend, if you have waited so long to get your salary dont get affraid to file the complain. It might be slow but definate success.

    Other experince people can provide more information on this matter.




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  • EkAurAaya
    10-10 05:31 PM
    Ahhh I wish i can say After Green Card :)

    dude take the job if they are offering you a good deal (opportunity does not knock on your door everyday)... its simple as that, you will be in the same field of work your new employer can back you in case there is a "query"

    Dont sulk over 6.5 years - they gained as much as you did in these 6.5 years!

    Good luck!

    Let us know what you did...



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  • Achi Goro
    07-15 02:04 PM
    Need help on which application to withdraw. I did file 1-765 paper application with the Nebraska service center. For a month, I had no receipt from them. So I called them to see if they could get me with the receipt number, but to no avail.

    Having thought that it might have been lost in the mail, I e-filed this time to Texas Center and had the receipt immediately after submission. Today I check my bank account only to be seen that the the check I issued to the Nebraska service center for my first application has been posted.

    Now I'm thinking of which one to withdraw. I'm thinking of keeping the one with the Texas service center since EAD applications are faster processed there than at the Nebraska service center. Do you see any possibility of refund?

    Your response would be very much appreciated.




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  • mmk123
    04-18 08:04 PM
    we filed online I539 for extension of status and sent documents today. Should be all set even if opening air-space takes few more days. It's simple for this kind of a case..

    thanks!



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  • Macaca
    04-22 09:07 AM
    Passing On H-1b Costs to the Employee? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) -- Smart Business Practice or DOL Violation?, by Michael F. Hammond and Damaris Del Valle

    After all the costs associated with an H-1B petition are totaled, the sum can be alarming. In order to offset this cost, some employers ask that the beneficiary, the employee who is being hired, reimburse the company in whole or in part. Which costs may and may not be paid by the beneficiary can be a tricky matter. What follows is an analysis of H-1B costs and who may pay what.

    All deductions from an H-1B worker’s pay fall into three categories: authorized, unauthorized, or prohibited. Authorized deductions can be taken without worry of whether or not such a deduction will lower the employee’s rate of pay below the required wage rate. Unauthorized deductions, counter to what the term may connote, can be taken from an employee’s wage but are considered non-payment and are only allowed if the beneficiary’s wage rate, after the deduction(s), is greater than the required amount listed on the Labor Condition Application (LCA). Unauthorized deductions cannot push the employee’s wage below either the prevailing wage rate or the actual wage rate, i.e. salaries of those similarly employed and qualified at the work site. Prohibited deductions may not be taken from the employee’s pay regardless of the effect they would have on the required wage rate.

    The most straightforward of the deductions is the prohibited deduction. The Training Fee associated with the H-1B petition is the only prohibited deduction associated with the cost of filing an H-1B petition. Rajan v. International Business Solutions, Ltd. and the language in the relevant regulation make it very clear that the Training Fee is to be paid by the employer or a third party; it is not to be reimbursed in part or whole by the employee. This fee must be completely shouldered by the employer or a party who is not the employee.

    Deductions are considered by the Department of Labor (DOL) to be authorized if:

    The deduction is reported as such on the employer’s payroll records,
    The employee has voluntarily agreed to the deduction and such agreement is documented in writing (a job offer which carries a deduction as a condition of employment does not meet this requirement),
    The deduction is for a matter that is principally for the benefit of the employee,
    The deduction is not a recoupment of the employer’s business expenses,
    The amount deducted does not exceed the fair market value or the actual cost (whichever is lower) of the matter covered, and
    The amount deducted is not more than 25% of the employee’s disposable earning.

    An Education Evaluation arguably qualifies as an authorized deduction. Similar to a translation fee, which is payable by the employee, the employee is benefiting from the evaluation and will be able to use it in the future in his/her private capacity if s/he so wishes. Of course, if the employee is paying for the evaluation, then s/he must be able to acquire a copy of the evaluation so that the future benefit upon which his/her payment is presumed is a real possibility.

    Attorney’s fees associated with obtaining H-4 status for family members accompanying the Beneficiary may qualify as authorized deductions since the Beneficiary is the party who primarily benefits from such fees. In addition, attorney fees associated with visa issuance, assuming that international travel is not a requirement for the position, could be properly considered as authorized deductions. In order to properly deduct the attorney fees associated with these processes, it is important that the attorney break down the specifics of how much is being charged for each element of the H-1B process- this will allow the employer to deduct those fees associated with the retention of the visas for the accompanying family members without concerning itself with the deduction requirements necessary for unauthorized deductions.

    The circumstances surrounding the Premium Processing Fee determine if deduction of the fee is to qualify as authorized or unauthorized. While the speedy decision that the Premium Processing Fee guarantees often benefits both the employer and the employee, it is important to take notice of which party requests and benefits most from premium processing. If the employee has decided to utilize premium processing for his/her own personal benefit, then the employer may be reimbursed by the employee in accordance with the requirements established by the DOL for authorized deductions. If the employer is the party desiring premium process and who will benefit from such processing, then any deductions from the employee’s pay are unauthorized and, as such Deduction of attorney’s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer’s business expenses and, for this reason, are not authorized deductions. These fees may be deducted from the employee’s pay so long as they do not drop the rate of pay below the required wage rate.

    It is not clear whether or not the Fraud Fee which was implemented in March 2005 is unauthorized or prohibited. The language of the act regarding the Fraud Fee states that “the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition.”10 Almost identical language is used in the Act to refer to the Training Fee.11 Such similarity could be read to mean that the restrictions of the Training Fee also apply to the Fraud Fee. However, 20 C.F.R. 655 is explicit in saying that the employee cannot pay the Training Fee; no such statement is made regarding the Fraud Fee. The regulation regarding the Training Fee, 20 C.F.R. 655, predates the creation of the Fraud Fee, which may explain this discrepancy. Nonetheless, the language referring to the Fraud Fee is not explicitly prohibitive and an employer may decide to be reimbursed by the employee. If an employer chooses to do so, any deductions from the employee’s salary to pay for this fee must meet the DOL requirements for unauthorized deductions. 12

    Before any payments are made by the employee or deductions are taken from his/her pay to reimburse the employer, it must be determined if such deduction is permitted and if so, whether or not it is authorized or unauthorized. Once these preliminary determinations are made, appropriate steps must be taken to ensure that the DOL’s requirements are met. As a practical matter, there are very few circumstances in which the prospective employee could legally be made to pay for the costs associated with the H-1b process without an employer risking non-compliance and causing significant record keeping.




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  • madhu345
    11-29 10:32 AM
    I'm based in Dallas, anyone in this area send me the PM.
    Since I travel extensivley there might be a slight delay in pesponding to the emails.

    Thanks!
    Madhu



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  • ramaonline
    03-17 01:43 PM
    You can submit the claim yourself - Download the claim forms from your insurance co website. Use these HIPAA codes -
    Do a google search for any other codes you need to include.

    Testing / Lab HIV-1 and HIV-2 86703
    Testing / Lab Syphilis test (RPR) 86592
    Preventive Care PPD (tuberculosis) intra-dermal skin test 85680
    Preventive Care MMR immunization (subcutaneous) 90707
    Preventive Care Varicella immunization 90716
    Preventive Care TD immunization (Tetanus) 90718




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  • priderock
    08-16 12:29 PM
    yes it will be funny if any of Exceed employee working in backlog center is also affcted by backlog of his labor application there.

    If there are any, they must have talked to some one and got it approved by now, because there is no order in approvals any way... :)



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  • Lisap
    08-03 12:07 PM
    So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa




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  • stillhowlong
    01-28 07:19 PM
    Best is to be open about everything. PERM does not depend much on hiding facts to get approved. Ultimately, with newer checks in place, DOL or USCIS can easily find out. Best is to find out if employer needs EB2 person and can pay enough according to SOC code. Based on your qualifications and the above 2 items, you can ask employer to change your title to satisfy requirements for EB2 classification. This way everything is legal and in the open. Once you apply, no stress.....just enjoy life while you wait for GC. :)

    where can we get the SOC codes?

    Thanks
    SHL



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  • mali03
    05-25 07:50 AM
    Fax sent!




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  • abhay
    01-03 11:13 AM
    Yea, Dont let those european countries charge you for few hours of airport stay, They are taking advantage of people in the name of 9/11. I travelled via Middle east from DC, travel is shorter by 2 hours



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  • hopefulgc
    01-30 03:48 PM
    I would certainly come back to update it... and i am sure there would be more than a few who would do the same.
    After all, its a good way to put the fitting GC pain to rest.



    How reliable is this Tracker(or any) data? I don't think all the registered people who gets their GC would come back and change the status of their application to 'Approved' in the Tracker. Though its better than nothing but still data is too vague to derive any real conclusion.




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  • eb2_immigrant
    03-09 06:20 PM
    Just in-case one gets layed-off and has an EAD, can that person buy a 7-Eleven or a Gas Station?
    Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
    What happens if there is an RFE asking for proof of employment during this period?

    Can you not think anything other than a gas station or seven eeleven ? Come on guys think out side the box. I don't have a great idea to suggest you to begin with but I know gas station and grocery stores are very typical desi ideas



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  • anu_t
    07-24 01:19 PM
    If one has a copy of 140 but it has been revoked (no fraud) , when applied for porting how does USCIS finds out the cause of revoking 140? Does USCIS has some kind of data regarding that?
    Like what if the labour has been substituted? How one will get this information?




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  • rajeshalex
    03-17 11:46 AM
    We are in the same boat. I am the primary and mine has been Xfrd to field office in VA where as my wife's 485 has been xfrd to MO. I called up customer support and they said it is normal to transfer across field offices.

    Many say when the 485 is transferred to a field office there could be an interview.




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  • Madness
    01-24 10:06 PM
    Perlin Circles (http://www.kirupa.com/forum/../contests/fx09/e20.htm)

    wow!




    wam4wam
    09-21 11:45 AM
    i kept telling you guys since last week

    send faxes to congress /house...it is in the house where bills get structured.

    make sure u add only the SKIL bill...just remove cap for ppl with advanced us degrees...that was the only thing the house had agreed to consider


    but everyone on this forum ignored me

    no it might be too little too late

    i am not saying all i slost...atleast we got some action going amongst the members of this site


    it aint rocket science guys....think about it from the lawmakers point of view....would they allow for more immigration frindly reforms now....no way...so be ready to compromise and suggest the ones which are truly benefecial to the US economy....

    the bottom line was always...borders secure first..then talk about immigration reforms....

    for the coming seasons....we have to push for nothing but the SKIL bill

    that is the only bill that has hope


    the other glimmer of hope in all this is the house has inadverently left out the fact on how they are going to fund the building of the wall

    it is here that we step in...

    fees for filing I485 for people under SKIL

    fees for being able to file 485 before visa numbers

    etc etc etc


    we have to take advantage of this opportunity

    in the mean while....SEND FAXES ABOUT SKIL BILL




    greencard_fever
    08-19 06:31 PM
    I have the copy from Murthy.com [they still have it on]....

    send me ur copy to : 509 355 3413

    Thanks,

    Here is the link for that document..
    http://www.uscis.gov/files/pressrelease/H1BExtend_07_23_04.pdf



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