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  • senthil1
    02-19 12:27 PM
    In the case of retrogession it is always better to apply EB2 if job description requires Master degree and if the candidate has approved master degree. Past history shows EB2 is atleast 2 years ahead of EB3 for India even if it is moving slower. But if you think any problem in eligiblity then it is better to apply EB3.



    One question for I-140 for EB-2 versus EB-3.

    If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?

    Please confirm your views, as I have heard different versions.

    Thanks!





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  • smiledoc
    02-28 09:57 AM
    We got our FP in sept 07. Our attorney has advised that we file earlier to be on the safer side.

    I am in the same boat as well. But you answer your question - am almost sure you don't need FP to renew your EAD. Having said that - why would renew your card in June? (Considering that you might not have received your EAD till Aug-Sep'07 of last year).





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  • imconfused
    07-09 09:15 PM
    It's too late there's a big stick up your ass already how much farther can they really push it in.


    too good!! well said!!





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  • Antonio Trivelin
    June 16th, 2006, 09:16 AM
    I took some photos from a concert here in my city in Brazil.

    The band is Bar�o Vermelho (http://www.barao.com.br/) (http://www.barao.com.br%29), they are very famous here and the songs are great.

    I used a friend�s nikon 50mm 1.8D in all photos, because i just have one len (18-70mm).

    Pepeu Gomes:
    http://img414.imageshack.us/img414/3093/dsc5933spiceshp72assincopy8vz.jpg (http://imageshack.us)

    Pepeu e o baixista da banda dele:
    http://img336.imageshack.us/img336/2933/dsc6006bspiceshp72dpiassin7qh.jpg (http://imageshack.us)

    Turminha da percuss�o:
    http://img441.imageshack.us/img441/2293/dsc6029bshp72dpiassin2qz.jpg (http://imageshack.us)

    Esse cara fazia cada careta rrss:
    http://img406.imageshack.us/img406/7127/dsc6126spiceshp72dpiassin9vk.jpg (http://imageshack.us)


    Frejat e Fernando Magalh�es:
    http://img407.imageshack.us/img407/1055/dsc6146bsunsetshp72dpiassin9sx.jpg (http://imageshack.us)

    Rodrigo Santos e Fernando Magalh�es:
    http://img407.imageshack.us/img407/2607/dsc6157cropspiceshp72dpiassin6.jpg (http://imageshack.us)

    Na sequ�ncia 3 do Fernando Magalh�es com a Sra.Gibson
    http://img335.imageshack.us/img335/6987/dsc6246spiceshp72dpiassin7zo.jpg (http://imageshack.us)



    http://img201.imageshack.us/img201/1640/dsc6258spiceshp72dpiassin4rz.jpg (http://imageshack.us)

    Frejat nas poucas vezes que veio a frente:
    http://img201.imageshack.us/img201/3899/dsc6312cropshp72dpiassin5ld.jpg (http://imageshack.us)


    Participa��o do Pepeu com o Bar�o:
    http://img271.imageshack.us/img271/3797/dsc6448cropspiceshp72dpiassin5.jpg (http://imageshack.us)


    Well, that�s all folks !!

    Antonio



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  • chem2
    05-27 02:36 PM
    my receipt date was sometime in the first week of december (can't remember exact date). got approval notice last week after an RFE. RFE was for last 8 months paystubs. received approval within 2 weeks of responding to RFE.





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  • nagesh75
    03-17 11:30 AM
    I have received a email from CRIS asking for more evidence on my wife pending 485 application. I guess that is related to the medical. Will I receive the RFE by mail or my lawyer does or both. My GC process is through a lawyer.



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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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  • vin13
    10-29 11:11 AM
    Thanks everybody for the responses.

    Make sure you keep a record of the AR11 confirmation number after submitting. USCIS is pretty bad at updating the records. So it is good to prove that you have done your part by showing the confirmation number if necessary.



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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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  • grupak
    03-15 08:26 AM
    This is my interpretation of Ron's post. These are not my predictions.
    Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.

    Seems like a good interpretation to me.

    Pessimism as a lifestyle is hilarious :)



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  • Ramba
    08-07 03:44 PM
    I am a consultant and work for a client. My client wants to extend me a permanent offer and my consulting company that I presently work with would have no problems if I accepted the offer from the client.

    I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.

    The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.

    What are my options?

    Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
    (or) Can I just leave, work for them in India, and visit them periodically on B1?

    I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.

    Any other suggestions. If there are tax implications, I would appreciate some feedback.

    Thanks for the service.

    It is not as simple as you think. If your client sponsors H1, it is based on LCA; which is location specific. Therefore, if you work remotely in India, and you were included in US payroll based on H1B approval, then your employer will be violating the terms of LCA. Therefore, that is not possible. However, your employer can outsource the work to you to India without maintaining eomploee-emploer relationship. You need to consult business lawyers to engage in this kind of business. Of course, you need to pay corresponding business and income taxes.





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  • Gigantic697
    10-12 09:33 PM
    She can get letter from her employer that mentions that she's on maternity leave to prove that she is still employed and also that she can join back.



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  • pinky001
    09-18 03:51 AM
    I am planning to attend an Visa interview, at present I am on H4 status.

    My case is: Gor H4 in sept 2006 - April 2008, and got stamping
    Later got H1 from Oct 2007 to oct 2010, and got stamping
    Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping

    Question 1) But when I am selcting the appontment date it ask's for a question
    " Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?

    2) Does H4 and H1 come under same Visa Class?

    please reply ASAP, As I am planning to schedule an appt immediately

    I am planning to attend an Visa interview, at present I am on H4 status.

    My case is: Gor H4 in sept 2006 - April 2008, and got stamping
    Later got H1 from Oct 2007 to oct 2010, and got stamping
    Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping

    Question 1) But when I am selcting the appontment date it ask's for a question
    " Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?

    2) Does H4 and H1 come under same Visa Class?

    please reply ASAP, As I am planning to schedule an appt immediately





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  • gautamagg
    07-01 11:32 PM
    yadadaba, i have posted my email in many places. If you want to get info, please email me directly in the future. I will share what I know - IV folks ridiculed me when I said my info from the Ombudsman's office was true. They simply don't want people who have a slightly variant info to raise a voice. I have not personally heard from the O's office on this as I sent my application out on Friday for a Monday delivery without any knowledge of such possibility. If it happens it will really stink...to those who call Ombudsman the barking dog - think before you say - he may have just saved us from loosing 40K visas. Possibly the dates were made current only to clear pre-adjudicated cases. And if thats true, guess what? A window will open again in October. Thats better than where we were without the O's report that may have not impacted anything and the 40K cases ahead of us would still be pending. Its in our greater interest that they get approved and we move up the ladder versus we trying to cry wolf. My 2 cents...


    Something to ponder: "Gandhi's peace marches did not get Independence to India alone. They were radical movements of many people behind it equally responsible if not more. IVs movement is the peaceful one - important but not enough and definitely not filled with exclusivity"



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  • justAnotherFile
    03-08 08:37 PM
    Wow,

    at first glance it seems 245(i) is kicking in real hard.

    Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,

    Compare this with H1-B data and you'll see what I mean.

    Also EB-1 seems unusually high at ~37,000
    EB-1 is even higher than EB-2

    isn't that unusual?





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  • MetteBB
    05-11 01:39 PM
    im redoing some of them.... Think the blackberry one is ok tho... no? =)

    /mette



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  • sledge_hammer
    05-21 02:47 PM
    Hi,

    My parents will be visiting in the year end and I want to send them the required documents to get the visa application going. Can anyone here post a template for the following -

    1. Invitation letter from the sponsor to the visitor visa applicant
    2. Letter to consulate by the sponsor

    Also for bank statements, can I use the prinout from PDF available online from my bank website (banf of america)? Do these printouts need notarization?

    I would appreciate any info.

    Thanks!





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  • d123
    09-26 11:19 AM
    Congratulations.





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  • jayz
    07-17 06:53 PM
    While today's development is great news for folks in the 485/AOS cue, what happens with people in CP? With the opening of the floodgates, I am unsure when visas will be available to CP cases who were scheduled for interviews in Aug and beyond. I am a great supporter of today's victory, but I am unsure where CP cases stand now? Another 4 year wait?





    prabhu07
    05-21 11:44 AM
    @gcformeornot - Thanks for the reply. Its my current employer who has applied for H1 as my L1 is maxing out, so, I am not in a total rush to change employers.

    @surabhi - Thanks for the detailed reply, much appreciated. Your answer to my #2 question just made my day. I just wanted confirmation that I can still use my old priority date. I have no problems starting with a new labor, new I-140, as long as I can retain my old Priority date. Will you get real mad if I ask "can you re-confirm your answer" ? :D Nonetheless, Thanks a bunch again. :)





    Ivyleaf
    10-20 04:10 PM
    right on i got a vote!

    btw, GJ phat. no shame in being beaten by an chick. (at least if shes nekkid) :P



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