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  • sk.aggarwal
    09-21 10:14 AM
    I had been a sort of similar situation. My friend and I worked for different companies through the same consulting company. After my project finished, my friend recommended me to his employer and I got a full time position and joined them. My previous employer got to know about this and sued me for stupid and fake charges. I had to hire a lawyer and defend myself and it was finally settled. During the course, I spent over 8K in attorney fees and 10K was settlement amount. Cost could have crossed 20K more in attorney fees if I would not have settled and it would have gone to litigation.

    Moral of the story: Law Suits are expressive and scumbag companies don't care. Do what you can to avoid confrontation. I am not trying to scare you but things can turn nasty. You may just want to talk to your old company and try to reason with them. Good Luck with what you do.




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  • andy garcia
    07-30 02:26 PM
    Even FP notice? I think it comes directly to you..

    You are correct, they get a copy.




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  • americandesi
    08-11 06:32 PM
    On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1’s or GC’s.

    On rare occasions, USCIS revokes previously approved GC’s in case of fraud.

    Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.




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  • senthil
    02-12 06:37 PM
    when the primary appliant is approved ( H1B in this case ), the dependant application ( H4 ) will also get approved. atleast it happened my case couple of times. thanks.



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  • go_getter007
    12-19 05:18 PM
    I withdrew my EB1 485 prior to filing EB3 485. Moreover, I specifically wrote on my EB3 485 form about my EB1 485 withdrawal and gave prior A#'s as well. I was assigned the same A# in EB3 but my wife got a different number from EB1.

    GG_007




    Multiple I-485 Filings Not Advisable
    �MurthyDotCom

    While the immigration regulations do not prohibit filing more than one I-485 for the same applicant, and the USCIS cannot provide guidance or advice for filing multiple I-485s, an applicant can adjust his or her status based only on one I-485 application. Therefore, submitting more than one filing at any given time potentially could result in problems. The USCIS could request that one set of adjustment applications be withdrawn, that the two applications be combined into one, fingerprints and security checks many not be conducted on both filings, or one set of I-485 applications could be denied. Thus, it is almost always advisable not to have multiple I-485s pending at the same time.


    I also have the information that if you have pending I-485 and will try to switch to the consular processing, I-485 will be automatically withdrawn as "duplicate" visa petition.




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  • asanghi
    01-24 11:43 AM
    I just can't believe how many times this topic has come up, and yet keeps coming up.

    We have had long heated discussions on this topic many times, and always come to the same conclusion and that is to push for filing I-485 without visa availability. This topis has so oft debated, there is no merit in kicking it up again.



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  • ndialani
    11-23 06:31 PM
    I send through Wells Fargo to ICICI bank in Inida. You can open a remmitance account with wels fargo and wire transfer yourself. Every $1000 dollars they charge $9 dollars.
    Advantage is money is there in 2 days.
    Simplest way is ...send your mom, post dated checks for the whole year. Mail it through Prioriy mail using USPS.....ony costs 5 dollars. She can deposit the check every month. I 've been doing it for longest time.
    Only , in case of emergency and you want to transfer 5000 or more, i like Wells Fargo Service.




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  • srikondoji
    07-03 10:38 AM
    I am sending a flower with a note to LincolN, NE address.
    Could anyone give me the complete and correct address?

    We should all send individually the flowers.
    --sri



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  • nozerd
    01-17 09:35 AM
    Go ahead and apply for a birth certificate from your nearest US Embassy/Consulate.

    You will need one anyway when you do file I 485 or CP so might as well keep it ready now.




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  • mzafar125
    08-19 12:40 AM
    Folks,

    I am a July filer, I called USCIS last week and they stated that they need a new set of biometrics. I had initially given my biometrics after I filed my AOS last year in July 2007. According to what I have read USCIS should be able to retrieve my biometrics from their Biometric storage system. Should I call USCIS and argue with them which may be futile. Or should I just bite the bullet and await the new biometric appointment. I would appreciate any input.

    PD: 10/2002
    I-140 - Approved Jan 2007
    Category - EB3, ROW



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  • ChainReaction
    07-31 12:23 PM
    I have a question, if H4 use EAD for employment and is allowed to keep her H4 status , how come a H1b who still work full time for his sponsor employer looses his H1B status when he finds a part-time job using EAD ?




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  • puskeygadha
    07-08 02:47 PM
    is this becuase of arranged marriage? immigrants like us have to
    go back home find girl quickly and get married..its just like
    similar way we get screwed in the hopes of green card..

    i believe arranged marriage can be hard but we can grow together
    given time and patience



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  • validIV
    03-18 11:13 AM
    C-Corp is the best way to go. You can register your corporation name and EIN number online with both the Business bureau in your state and the IRS. It takes an hour at most. For me in NYC, I used OPAL: http://www.nys-permits.org/

    From my experience, it is better to take commission (to pay yourself) than salary. Basically making your salary project-based like a consultant. That way you can always offset any big expenses with your commission (salary) whenever you incur them. But your method of accounting is up to you.

    Get quickbooks or accountedge to maintain a ledger. Excel is pathetic at this.

    For C-Corp you file an 1120 annually and a franchise tax (varies by state). NYC has a franchise tax (its called NY Corp Tax) which requires you to pay even if you have no profits for the year. If you are selling tangible objects like software online or merchandise, please note you need a Sales Certificate with your state to collect sales tax. This must be filed quarterly. Sales tax is now being enforced nationwide (Please lookup Amazon / Overstock.com's recent loss to a federal ruling regarding not charging salestax).

    Apart from that, keep receipts, make a business account with your bank of preference and try as much as possible to offset all gains with expenses.




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  • shahsahil
    04-17 12:31 AM
    Hi

    I am new to this group. I have a question regarding my PERM case.
    MY PERM case is pending in DOL from last 10 months. I find this very
    unusual.

    Anybody heard about such a long pending case?
    Are there any suggestion for following up on my PERM case?

    Any advise will be useful.

    Thanks
    -Sahil.



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  • ivgclive
    04-13 04:56 PM
    It is not a joke.

    It happens to one guy last week.

    My friend knows it for SURE.

    He is working for a software company and that was the first time he traveled to US on a H1B visa.

    As soon as he landed in JFK, the immigration officers (4 of them) went to him and gave him "Green Card".

    No PERM :rolleyes:, No I-140 :rolleyes: and No-I-485 :rolleyes:.

    How is that?

    PS: On the same day they ordered "Expedited Removal and 50 Years Bar" and sent him back. He left US happy with his "Green Card".




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  • kkmajid
    10-16 01:55 PM
    Hi again,

    Thanks for your reply.....

    If i am doing premium processing or I-140 then it should take 2 weeks to get a decesion so it would take 4 months then? Please explain

    Kambi



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  • Karthikthiru
    06-15 01:47 PM
    Tell the previously employer EXPLICITY that it is only a employment verification letter NOT A REFERENCE letter. Because by default lot of them assume it is a reference letter. Aslo by law they have to provide the experience letter


    Thanks

    Karthik




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  • nandakumar
    01-18 12:59 PM
    Bump




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  • bmoni
    03-30 10:53 PM
    Congratulations




    kamal
    08-04 02:27 PM
    Hi,

    I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.

    My employer is based in Texas and I am working in california.

    After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.

    Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.

    Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.

    The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.

    It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.

    The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.

    Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.

    I've the following queries it would be great if I could get some answers/discussions/advice on the same.

    1. Is my employer really trying to scare me so that I can pay them for the damamges?

    2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?

    3. If so how would I approach from here?

    4. Has anybody similar experiences with their employers?

    5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?

    6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).




    mirage
    07-01 06:17 PM
    There are many people who would sign up anything to come to US. When that A company spends 5-6k and bring people here, they disapear in 1 month. Obviously in this case court will go against the employee firstly because there is an underlying bias for the employer as he's a US employer second I personally feel he has all rights to ask for money since he invested in you...



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