Saturday, June 11, 2011

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  • LOL123
    09-05 10:24 AM
    The applications that were sent between July 2 and July 17 have been transferred to other service centers. the applications reached during this time period is taking a little longer to process.





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  • sertasheep
    07-05 04:00 PM
    Gautam,

    Can you update your profile with a telephone number? Your phone number currently reads as 123-456-7890.

    NOTE to all IV members:
    IV requests its members not to undermine or lash out at any individual. Please do not use forums as a platform to voice your personal opinion to assasinate someone's character.Posts that denigrate anyone are not welcome.
    With due respect, the Ombudsman is doing what his role demands.
    Gautam has his own situation to deal with-

    sanju: I'm not taking sides here, but please refrain from using inflammatory language or using strong abusive language. This holds good for all IV members.

    BOTTOMLINE: There is no point in engaging in unnecessary arguments.





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  • jasmin45
    08-06 12:18 PM
    Has USCIS started premium processing of I-140 again ?
    Can you please send me the link ? What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ? let me know quick please..
    I do not think USCIS has started premium processig for 140. As per last update, the Extension of suspension of premium process is indefinite until next update.





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  • waitnwatch
    07-11 12:18 PM
    .....

    They should find an average amount of time a person spends on bench. Let's say the average time is 1 month out of year.

    Then, they should recaliberate the salary to what would be worth 11 months of salary and set it up that way......

    Here I'm playing devil's advocate. What if the salary now falls below the market rate determined by DOL? I am sure that some of these fly-by-night operators are also some of the poorer paymasters.



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  • EkAurAaya
    10-18 06:07 PM
    Oh yeah. We still have to fight Anti-immigrants even after we obtain naturalization.

    Actually even after we obtain Citizenship... unless our skin color magically changes with Citizenship j/k :D





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  • smartboy75
    11-06 05:57 PM
    Who issued the checks ?? Was it you or your employer ?



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  • marlo
    07-18 12:24 AM
    This is totally a lawyer matter. Do not rely on any forum for this.





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  • Prashanthi
    10-20 04:54 PM
    Try to file for a change of status from H-1 to H-4, include the hospital records and letter from the employer that your wife is on maternity leave, see what happens. If that does not work then you can think of leaving for a visa, you will not be barred for 10 years as you have not accrued unlawful presence, this is only accrued if your I-94 expires or the USCIS determines that you are out of status. However, going outside the country is risky as you may not get a visa and may get stuck outside the country. I would try to do the COS first.



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  • green007
    07-17 06:05 PM
    I Am Going To Make My Contribution Now.this Devolopment Clearly Shows The Edge Of A Forum Like This.this Forum Will Be A Great Help For All Our Future Legal Immigrants. We Also Came To Know The Organisations Like Aila Or Alia Or Murthy.com Or Immigration.com All Work On Certain Interest And Immigration Voice Is Working With Only Our Interest.hare Krishna Hare Rama To Iv.conratulations To All Members. :) :) :) :) :) :) :)





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  • smsthss
    07-02 10:16 AM
    I just spoke to my attorney. He told me that he also have the same information that we guys know. He told he is on top of this (keeping track of the developments). He also told me according to him..that the revised july visa need not necessarily come out on 2nd or 3rd. it may be now or mid july. He also told me..there might not even be a revised bulletin. Nobody is sure. He told he is tryin to rush in his applications. Told me..mine was going out today.



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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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  • AbraKaDabra
    12-21 12:31 PM
    Flying thru Amsterdam and Milan doesn't require a transit visa



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  • apnair2002
    05-25 06:25 AM
    fax sent





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  • vvpandya
    05-19 07:08 PM
    i did it myself too..pretty straightforward..they hv all info on their website..



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  • skp71
    07-13 07:08 AM
    sorry 485, this is gc season. so I thought that's understood.

    what case are you talking about ... is it H1 or 485?

    -RR





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  • ItIsNotFunny
    08-02 10:17 AM
    Is this true? If the employer agrees to not invoke I140 for next 180 days, I can start working for another company tomorrow without affecting my 485 application?

    Wouldn't you need to show paystubs or something, for 180 days, for the company that filed your I485?

    Thank you!!

    This is dicey. The rule of thumb is: GC is for future employment. Somehow you need to convince this immigration officer that you worked or want to work for employer who filed GC for you. Thats why they have this 180 days clause.



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  • mmanurker
    06-25 01:27 PM
    SSSarkar and Morpis,

    My wife's passport is also expiring in Oct'07 so I spoke to my company's attorney and he said its not a problem and advised me that we will go ahead and file our (me and my wife's) 485. I am planning to apply for the renewal of my wife's passport sometime in July or Aug'07





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  • centrum
    09-27 04:36 PM
    Important Visa and Immigration Documents (http://www.upenn.edu/oip/iss/visa/documents.html)

    Is the statement under passport true? I still shouldn't have any problem right?





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  • purplehazea
    06-01 12:10 PM
    Hi All,

    I am starting this thread to discuss updates for those who have been waiting for a visa number and whose other processing is complete.

    For starters, how soon can we start making an inquiry of status since our Priority date is current now?

    Thank you.





    buehler
    07-18 07:36 AM
    We filed I-140 on july 16th thru labour substitution. Expecting a receipt by july ending.Now I have a very serious concern regarding I-485 filing before Aug 17 2007, pls advice !!

    My spouse is in india from August 17 2006 after already staying in US on H1B for 6 years.He's planning to come back here on dependant visa(L2) after 1 year out of country stay as he wants to reset his H1B clock (He plans to apply H1B in April 2008 quota).

    If we want to apply for I-485 he needs to come here atleast by Aug 10 2007- to fulfill the medicals & sign the documents, to file by Aug 17th 2007 deadline. We are afraid to take chances this time, that if he just enters US before 1 year out of country stay, he may not be eligible for new H1B in 2008, if somthing happens to current filing.

    Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?

    You do understand that he can only file for his visa in Apr 2008. The visa become valid only in Oct 2008 and he doesn't have to be in this country on the date of filing for H1-B. So why worry about 365 day count?





    pappu
    08-22 08:56 AM
    /\/\



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