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  • sbabunle
    09-05 05:38 PM
    I have a hypethetical situation

    1. Say in the election Dems get both house and Senate AND
    2. No compromise happens in CIR at Lame Duck Session too. Also
    no SKILL passes too AND

    3. New winners Sworn in and its congress controlled by Dems.

    Now what is the status of the CIR that was passed in the senate and
    that house bill passed? Does it expire or go annul? Or can these
    new members come a compromise on that? What could be the attittude of the congress member towards it? It would be really interesting to know the
    legal sides and political attittude of lawmakers to it.

    thanks




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  • akred
    06-02 09:18 PM
    Science, Technology, Engineering and Mathematics....

    Is Statistics included in "Mathematics"? It is clear that Engineering, Technology and Science cover a lot of majors.

    Does anyone have a list of majors included or any other information on this issue?

    Thanks.

    I posted the list sometime ago. Do a search for "list of stem disciplines" on the forums.




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  • GCBy3000
    05-18 09:24 AM
    I'm using the service of Brikho & Kallabat...till now did not have any issue with my extension...currently on 8th year...as my employer pays my extension fee...not sure how much is the total cost...have asked them...will update as get info.
    rgds,
    lfgc

    ...recd info fm the attorney's office...

    The H-1B processing fees are as follows: Attorney Fees $900, Filing Fees
    $2,190 for companies with 26 or more employees and $1,440 for companies
    with 25 or less employees, Office Expense $50.

    so, for extension...it may still be $900.

    I think employer should bear the full cost of H1B and H1B extension. It is illegal for the employer to get that money from employee.




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  • vinodp1978
    06-29 09:30 PM
    Guys,
    I am in a situation where if i dont file I-140 by PP i will not be eligible for H1b extension. My Labor date is april 27,2007 and my 6th year H1b expiration date is Feb 2,2008..so the 365 days rule wont work. The only way i can be in this country is if my 140/485 gets accepted and i get EAD or PP for 140 gets reinstated for me to extend.

    Also if PP for 140 goes away what is the typical time to process from NSC?

    can anyone tell me if i am reading the laws right?? any other options?

    Thanks.



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  • onemorecame
    11-27 02:37 PM
    It doesn't work anymore




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  • yetanotherguyinline
    01-18 09:17 PM
    ^^^^



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  • imconfused
    07-03 10:15 AM
    I guarantee you they won't do a thing with it. in fact they won't even be able to take it home (the workers that is) because they are not allowed to, it's almost like accepting bribes, right? Hey I have an idea, let's all apply lipstick and kiss a piece of paper and send that :D yes, even guys, it's for the greater good:D


    u talk like a kid in class II.




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  • anu_t
    06-16 01:11 AM
    http://grassley.senate.gov/index.cfm?FuseAction=PressReleases.View&PressRelease_id=5428


    GRASSLEY CONTINUES WORK TO CLOSE H-1B AND L VISA LOOPHOLES





    WASHINGTON -- Senators Chuck Grassley and Dick Durbin today continued their quest to ensure that American workers are protected, and that companies who bring in foreign workers are complying with the law.



    The Senators today sent a letter to Emilio Gonzalez, the director of the U.S. Citizenship and Immigration Services, asking more questions about how the agency is addressing fraud and abuse in the H-1B visa program.



    Earlier this month, the Senators sent letters to the top 9 foreign-owned companies to determine the companies' usage of H-1B visas. Today's letter comes on the heels of responses received from several of the foreign companies.



    "From the responses we've received thus far, it�s evident that American workers are in the minority at these companies. I expect Citizenship and Immigration Services to take a hard look at their recruiting methods to make sure they are complying with the law," Grassley said. "We cannot just increase the annual allocation of visas without understanding how companies are using them."



    "We've begun to question how many companies are complying with H-1B visa requirements," Durbin said. "I look forward to hearing back from Director Gonzalez on what the government is doing to enforce the law."



    At this time, Grassley and Durbin will not be releasing the information received from the companies.



    Here is a copy of the letter to Gonzalez.



    June 13, 2007



    The Honorable Emilio T. Gonzalez

    Director

    U.S. Citizenship and Immigration Services

    20 Massachusetts Avenue, NW

    Washington, DC 20529



    Dear Director Gonzalez:



    Recently, we asked the foreign-based companies who obtain the most H-1B visas to answer questions regarding their workforce, wages, recruitment efforts, and usage of H-1B visas in the United States. Our letters were intended to learn more about how some companies are using the H-1B visa program. We remain concerned that the H-1B and L visa programs are facilitating the displacement of Americans by cheaper foreign workers. We continue our effort to understand how the H-1B and L visa programs are being used by U.S. and foreign-based companies, and therefore request that you provide details related to these programs.



    Under current law, H-1B-dependent employers are required to attest that they have not displaced comparable workers in the United States before hiring a foreign worker. They must also make a good faith effort to recruit Americans first.



    The responses to our letters to foreign-based H-1B users have led us to question how many companies are currently defined as H-1B-dependent, and if these employers who depend on H-1B visa holders are being adequately monitored for compliance with H-1B program requirements. While we understand that the Department of Labor has primary jurisdiction over H-1B dependent employers, we would like to understand your agency�s role in ensuring compliance with laws regarding displacement and recruitment.



    We have also become concerned about the use of L visas by companies who also use large numbers of H-1B visas. Many companies are allowed to bring in L visa workers through a Ablanket petition,@ which is approved by USCIS. While the blanket petition is meant to simplify the process, we fear that some foreign workers may be approved for visas by the Department of State without proper oversight by USCIS, which has primary responsibility for ensuring compliance with L visa program requirements.



    In order to better understand the nature of the L visa program, we need to have access to better statistics. We would like to know how many L visas are approved each year, and what companies use the program. We would also like to know more about the use of the blanket petition for L visa holders, and USCIS=s ability to monitor individual visa holders who are allowed entry into the United States on a blanket petition.



    Finally, we are concerned about the level of fraud monitoring of the H-1B and L visa programs. While we understand that the Fraud Detection and National Security unit is analyzing and writing an assessment of the H-1B program, we are concerned that abuse of both programs is not being addressed adequately. Given that the immigration bill before the Senate includes a provision to allow USCIS to divert special funds to other operations, we would like to know how many dollars have been used specifically for H-1B and L fraud efforts. We also seek more details about how these investigations are being handled within the Department.



    Given these concerns, we respectfully ask that the following answers be provided to us by Wednesday, June 20, 2007.



    H-1B Dependent Employers

    $ Please explain the process of identifying employers as H-1B dependent employers pursuant to INA Section 212(n)(3).

    $ How many companies are defined by USCIS to be AH-1B dependent@ employers?

    $ How are these H-1B dependent employers being monitored, if at all, by USCIS?



    Blanket L Visa Petitions

    $ How many L visas have been approved each year since 2000?

    $ Please provide lists of companies that have used the L visa program for each of the two most recently available years, and how many visas each company has obtained in each year.

    $ Since USCIS has primary jurisdiction over blanket petitions and visa policies, what role has been delegated to the Department of State and how is your agency ensuring that aliens under the blanket petition are being properly screened before entering the U.S.?

    $ What role, if any, does USCIS play in monitoring the approval of L visas covered by blanket petitions?

    $ Please provide an explanation of USCIS=s ability to track individual L visa holders who are allowed entry into the United States on visas covered by a blanket petition.



    Investigations of Fraud and Abuse

    $ Annually, what has been the total amount of funds deposited into the Fraud Prevention and Detection Account under INA Section 286(v) since it was established? Of this amount, what amount has been provided to the Department of Homeland Security under 286(v)(2)(B)?

    $ How have the funds provided pursuant to 286(v)(2)(B) been used in FY2005, FY2006, and thus far in FY2007? How many funds have not been expended in a given year?

    $ How does USCIS plan to spend the remaining funds left in FY2007?

    $ How many total fraud and abuse referrals have been sent to Immigration and Customs Enforcement (ICE) in the last two years? How many of these referrals, to your knowledge, have been pursued? How many referrals, to your knowledge, are pending? Please provide any further details about specific cases or referrals to ICE that may be helpful to understanding the process within the Department.

    $ Please provide examples of recent investigative referrals to ICE dealing with H-1B or L visas. Please explain any referrals in the last two years that have not been pursued or that have been closed, and provide information on how many are currently pending.



    While we anticipate your concerns about providing such information to us by Wednesday, June 20th, we must stress the fact that the U.S. Senate is considering comprehensive legislation that would change immigration policies for years to come. The H-1B and L visa programs must be better understood before further action is taken on this bill. We appreciate your cooperation in providing us with input in the next week.



    Please contact XXXXXXXX if you have any questions regarding this matter. Thank you in advance for your cooperation.



    Sincerely,







    Charles E. Grassley Richard J. Durbin

    United States Senator United States Senator



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  • looivy
    08-15 10:43 AM
    Any idea how do they transfer application from VSC to NSC? Process or guidelines around it would be helpful.

    My para-legal told me that since my I-140 has a EAC number, my I-485 was also sent to Vermont.

    Please advise.




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  • NikNikon
    July 15th, 2004, 11:13 AM
    Awesome shot! Nice work. :cool:



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  • wandmaker
    02-11 12:21 PM
    My online I-140 status shows the case cannot be found. The receipt date for my i-140 is current. What should I do? Anybody seen this issue.

    Lot of applications filed during July 2007 fiasco had the same issues, eventually the online system got synced over a period of time. If you have a hard copy of the notice with you, don't worry about the online system - it is out of date sometime. For your personal satisfaction, Call USCIS to find out whether the case is really in their internal system.




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  • amslonewolf
    03-14 12:49 PM
    Just emailed mine.



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  • CADude
    08-03 07:29 PM
    Consult a good lawyer without any further delay. If you are out of status then it's problem for GC also.

    PLEASE CONSULT A GOOD LAWYER TODAY ITSELF.

    This is a really complicated case. You should consult a good attorney. The people in this forum are not lawyers. They just have some knowledge about immigration process and laws.

    If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.

    Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.

    The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.




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  • bluez25
    08-26 02:57 PM
    Category EB2
    LC PD: FEB-2006
    LC AD: Mar-2006
    I-140 FD: 23-May-2006
    I-140 RD/ND: 25-May-2006
    I-140 LUD: 29-July-2006
    I-140 RFE : 15 November 2006
    I-140 Responded: 14 December 2006
    I-140 AD: 11 Jan 2007
    DS 230 Received in April 2007
    DS 230 Submitted to NVC in May 2007
    NVC forwarded the case to Chennai on June 5th 2007
    chennai appointment August 11th
    POE August 20th
    Completed and waiting for the GC card to be mailed.



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  • shana04
    01-15 09:26 AM
    Today me and my wife got our CPO emails. Mine was filed in Eb3 and my wife's was in Eb2. I got my approved though my wife.

    I've been in US for 10 years... now i've two things to do



    Foremost congrats.

    I am happy that at least some of our friends are getting greened.

    Good luck on your future!




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  • gcwait2007
    03-18 01:21 PM
    Not sure if funny is the right term to use here, but this makes me think about
    the cold-war era russia/east germany type of bureaucracy.
    amazing.

    It is worse than that.. :)

    Please watch the following youtube video to understand how USCIS works

    http://www.youtube.com/watch?v=-30BZtpvaTY



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  • at0474
    01-09 03:45 PM
    "I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now."

    EB3 quota is like a spoon of rice from a bag of basmati :))

    --LOL! True, but I thought it is good enough for 5 guys with PDs in 2001.




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  • dealsnet
    03-19 11:49 AM
    I think he mentioned 2005 fee as the fee for I-485 in 2005 (old fee structure). Not the check date of 2005. Let him clarify.
    Just wondering, a 2005 check is a very valid check. A check with future date is not valid for cashing immediatly. This may be invalid if the lawyer didnt had the account in 2005.




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  • permfiling
    06-01 08:26 PM
    I am one of those where I have I140 approved but waitting for visa num# and I know another person in similar boat.

    - contributed $500 to IV
    member of north ca chapter




    There should be boat load of people who have their I140 approved and stuck. Irrespective of the population, it is important that this be addressed. They are one job away from loosing status. By issuing a 3 year employer independent EAD before a PR number becomes available is worthy cause. By this way, everyone in the pipeline knows that someday their paperwork will be cleared for good and until then they have the EAD to keep them going. The very fact that an I140 has been approved for a petitioner and the intent to immigrate has been approved, should allow the petitioner the temporary relief of having the choice to work and live little better. The the only thing that is preventing your status validated is the availability of Visa number, which is more of a procedural/legislative issue. So, hope this request is pushed in one or another form.




    desi3933
    06-25 10:14 AM
    My Company is asking me to sign a new 2 year contract with them to get employment verification letter required for I-485. Is this legal?

    It depends on the "Employment Agreement" and the state laws where your employer is based. Many times such agreement mention "damage amount" if the person leave before the expiry of such term.

    IT may be good idea to consult a good lawyer.

    Not a legal advice.
    ---------------------------
    desi3933 at gmail.com




    panini
    06-11 03:48 PM
    If you have not been to Canada or lived in Canada since your landing I would assume that your Canadian PR would have been automatically cancelled because of the 3 years out of 5 years rule.


    I was wondering if anyone here who had a canadian PR (i.e. did a landing), got GC later has travelled again to Canada again?
    We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?

    Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?



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