Friday, June 17, 2011

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  • amitga
    02-10 06:52 PM
    UK is at lease clear what is their immigration policy. I would like to have similar stand from US Govt where they come out and say in clear words "we don't want to in here" OR "Come here, work for 6 years and leave" OR "we cant you to stay and fix the GC process.




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  • chi_shark
    09-09 03:45 PM
    This issue must have been beaten to death already... I do not think that you have to be a permanent resident or Citizen in USCIS terms for doing S-Corp. The requirement is stated in a negative fashion in the code. I mean that the code lists what cannot be instead of what should be. And I think it means that a s-corp shareholder cannot be a non-resident alien. Thats it. I am on EAD and I have an S-Corp (i dont do IT with that company). I have a full time IT job and run the company part time...

    I would have liked to do LLC except that it is more expensive to set it up compared to corp. there are record keeping requirements on corp... but if you are a good CEO, you will keep records for any company... no matter what legal style of organization.

    The only operational benefit of S-corp or llc is the pass through taxation... i.e. income is taxed only once... c-corp has to be taxed on profits... on the flip side, however, you may potentially have a company that does very little business in the first year and hence very little profits or taxes... you could give yourself a handsome (but reasonable) salary and hence declare loss or zero profits... there are ways..

    finally, I recommend spending the extra time, money, effort to read a few books (like "Inc yourself") and subscribe to inc magazine, entrepreneur magazine to do all legal and accounting stuff yourself in the first 1 2 years... you will learn a lot! on the other hand if you are starting with large capital base, then you can probably hire everyone right off the bat! (you probably would not have come here if you had plenty of money to hire everyone)


    Please don't give incorrect answers.

    All three corporation types (C-Corp, S-Corp, and LLC) have limited liability to its shareholders.

    The main difference in these corp types are
    1. How much record keeping is done
    2. The way taxes are computed and filed with IRS
    3. The kind of expenses allowed to deduct
    4. C-Corp and LLC can carryover profits to next year(s), but S-Corp has to pass on profit (or loss) to the shareholders at the end of every calendar year.

    For S-Corp, the shareholders must be Permanent Resident or US Citizen.

    I have corporation of my own and this is C-Corp (due to kind of expenses I can deduct and/or write-off). I did all the incorporation work myself without any help from CPA. Incorporation is pretty straight forward and very easy. There are good books in Nolo Press on Corporate Incorporation.


    ____________________________________
    Proud Indian American and Legal Immigrant




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  • ilikekilo
    04-13 06:47 PM
    Hello All,

    I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.

    These are my friend's details --

    EB3 -- India.
    I140 approved in July 2007.
    485 filed in July 2007.
    MS in Engg from USA.
    MBA in Finance from top ten school in USA.
    Has applied for couple of patents in tech field.
    Author of few papers in tech field.


    My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.

    What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.

    Also suggested were EB2-NIW and self-employment options.

    What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?

    I really appreciate all your replies. Pl treat this as very urgent.

    Thanks.


    my 2 cents

    probably long shot, but can he ask his existing employer to give a EVL based on his old labor, not asking you to lie or whatever, howwever, U r suggesting to USCIS that besides the technical job he does which is mentioned in the EVL he also "wears a hat of MMgr" or whatever...hope it makes sense...




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  • sanjay02
    08-22 03:07 PM
    Doesnt make sense to pay $2500 for retaining the lawyer, they are trying to squeeze maximum out of you. If you are changing employer ask if the new company has an immigration lawyer and you can have him for your services. If they dont have any one you can engage services of your own immigration lawyer and have the new lawyer sign the G-28 form. Also please post the name of law firm and your employer so that others can be cautious.



    I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.

    - Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.

    - If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.



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  • diptam
    01-16 01:13 AM
    Bhanu and others,

    Its written in G-639 that for getting a Original Copy of any "Approved Petition" use form I-824.... So for getting 140 copy ( which is a Immigrant visa Petition) we should I-824 .

    http://www.uscis.gov/files/form/I-824.pdf

    Thanks,

    Hi All,

    Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
    1) You need to fill the form G-639 to get the I-140 documents.
    2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
    3) After filling the form, Notarise it (Your bank will do it)
    4) Attach all the documents with this form and send it to:

    USCIS National Record Center
    FOIA Division
    PO Box: 648010
    Lee Summit, MO 64064 - 5570

    5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.

    6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.

    I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.

    Please keep in touch if you have any other details.

    Bhanu




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  • vishwak
    08-03 08:46 AM
    My EAD details

    Mailed Date : 5/24/10
    Received Date : 5/26/10
    Notice Date: 06/03/10
    Checks Cashed: Yes
    File Type: Paper/E-filed/Lawyer - Lawyer
    Service Center/Lockbox : TSC
    RFE DATE: N/A
    RFE Description: N/A
    SR Opened: Yes ( 07/26/2010)
    InfoPass: NO
    Current EAD Expiry: 9/03/10
    Approval Date:
    Approval Desc:
    EAD Validity:


    I have opened SR @( 07/26/2010) and got the reply back by mail below
    ----------------------------------------------------------------------------------------------------
    The status of the Service Request is
    Case type:-- I765

    The status of this service request is: Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests.

    Since the date we received your case, we denied your case and send a notice of explaining our decision to you on 06/25/2010 to the file we have on the file

    -----------------------------------------------------------------------------------------------------

    Is this denial of service request or denial of EAD Renewal?
    I am confused. Lawyer or I never received any denial notice so for and online case status showing initial review with LUD of 06/26/2010.

    What should I do now? Please let me know.

    Thx
    KPR



    It does looks confusion.
    I believe its...just SR denied not case. Hope for the best.



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  • walking_dude
    09-07 02:22 PM
    My apologies if the post was out of context. Didn't want to open yet another thread here.

    I have only one E-mail id - lobbyday@immigrationvoice.com - which is being used by everyone to send their details for setting up the meetings. I don't have any other E-mail ids with me [ except the volunteer who contacted me]. Which one should I use? Lobbyday@IV or the volunteers E-mail id?


    Could we just keep the focus of this thread to encourage more members to send the information required to setup the meetings on Sept 17th? Your comments may be important and you may have a valid concern, but mixing all the information and individual meeting view-points is going to create a chaos.

    Walking_dude,

    If you have any question, could you please simply send an email? Volunteers working on this effort are working day in and day out and they are not going to come to this thread to read your post and to answer your question. Your post is relevant, but somewhere else. It is not helping what we are trying to do on this thread. You apparently have the documents so that means you know which email to write your comments/concerns.

    Hope you understand what we are trying to say.




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  • lecter
    March 15th, 2004, 05:18 PM
    Steven brings up a good point about those camera phones. I fear them to a degree. Someone told me recently that they had read/heard advice that when you're using a credit card at a store make sure you keep the numbers covered up. Apparently, people with camera phones have been known to take a picture of your card to get the numbers and expiration date.
    Gary


    gee they'd want to be close.



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  • javadeveloper
    09-23 08:53 AM
    Gurus,

    Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:

    1) Is that o.k having copies only or we should have originals? If we do not
    have originals what bad may happen?

    2) Either my lawyer or I have not received any of my receipts but we
    received all receipts of my family. Is this normal? How long should we wait
    for my receipts before contacting USCIS? By the way USCIS already gave
    me my all numbers for teh receipts and according to USCIS my receipts
    already mailed on Sept 14th. What would be advisable action for me in
    this case?

    3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?

    Thanks.

    - BharatPremi
    Man why you need reciepts?




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  • priderock
    06-25 02:42 PM
    That's correct.
    There are many unemployed, but there are not many qualified willing people available.
    Trying hard to recruit IT people for a month. Hardly finding any.



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  • gc_kaavaali
    06-14 02:04 PM
    Do not worry too much if your sister is innocent. Tell your family and sisters also. Keep faith. Investigation will be honest. Nothing will impact (including GC) if your sister is innocent.


    Hi Friends,
    This is first time I am posting this topic here. Please excuse me if this is wrong post or question at this time.

    Today my sister got a phone call from a Detective saying that she is suspecting on Jewelery theft from a neighborhood. We shocked for getting that type of call. The person who complainted is close to my family. He is also Indian and from same region. Recently he moved from my city. He lost couple of jewelery items this year.

    My sister is very good and try to help most of the people nearby. The detective said that investigation is going on for this issue. We are so worrying on this issue.
    We know she is genuine and did not do anything but my question is any problem in green card process?.

    How to prove my sister is not commited such kind of activity. Please try to help me on this

    Thanks
    Ramkrishna




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  • fide_champ
    08-04 07:05 PM
    Hi , Thanks again for the reply.

    Related to Point 3 ,reason why im trying to this is to avoid all of us leaving country due to non approval of my COS, I dont have luxury to stay on L1 beyond next 2 months..

    well, i realistically see two options here:

    1. Get your family here ASAP and apply COS for all. If your COS gets approved, most likely theirs will get approved as well. You can do yours in premium and theirs by regular. As long as they get the receipt within 2 months, they'll be in status.
    2. You can apply COS for yourself in premium and ask your family to stamp H4. If they get stuck in 221g, then it could be months before they get here. That's the downside.

    Your L1 visa stays if your COS gets rejected, so you don't have to leave immediately.



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  • reddog
    01-31 12:31 AM
    YOu will have to wait till your PD gets current.




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  • eb3_nepa
    04-17 05:04 PM
    The illegals aren't Americans either and the email from Kennedy's staff basically talks about how well-received his Apr 10th speech in DC was and how the senator intends to fight to push immigration reform through the congress.

    A lot of people signing up will give the staff the right impetus.

    Appu can you pls post some link or documentation showing that this is indeed in our favour. If it is then i have no problem supporting it. But from the looks of it, it seems like it is against H1Bs and temporary workers.

    Let us pls be careful as to what we sign/support. A couple of mistakes could spell disaster for all of us.



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  • gcsucks
    06-01 02:28 PM
    But I dont think this allows for filing for 485 without visa numbers for people with no Masters/PHD from US ?I am not sure but the SKIL bill may be one such initiative. Check out
    http://www.nafsa.org/_/File/_/skilintroducedmay22006.pdf




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  • desi3933
    07-20 04:53 PM
    I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
    We are planning to bring the kid by end of this year to USA.
    So what visa should we apply for him we are not sure :confused:

    A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.

    But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.

    Thanks in advance, ;)

    Suject to certain conditions, children born abroad to permanent resident mothers are permanent residents. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, and this trip must occur before the child is two years of age. I think, the child in this situation does not need a visa. Please check with your lawyer.

    The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and birth certificate for the child.


    ____________________
    Not a legal advice.



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  • smuggymba
    01-17 03:31 PM
    My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that

    In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.

    The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.

    Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.

    The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.


    Tell the employer that the "cousin" is pregnant and needs 4 months off. If the employer offers short term/pregnancy pay, he will be glad to process the resignation....or tell the employer ur moving to india etc.




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  • lccleared
    08-26 06:04 PM
    I have not received it either, where as my spouse and child got theirs 10 days back. Wonder whats happening, called up USCIS they asked me wait for couple of more days.




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  • rockstart
    01-08 09:35 PM
    Thank you so much guys for the info




    pbojja
    03-24 05:47 PM
    Great job Mark ,Appreciate your efforts

    I think the last caller is a stupid and dont know the difference between the Highly skilled and Undocumented workers , he is refereing to workers in restaurent to the H1B workers .




    Sunx_2004
    09-08 06:32 PM
    Is he EB-3 India, His PD is not even current. He must have ported to EB2..I guess..

    Yes, A colleague case is similar to yours. Got his "Welcome" mail via USPS, Online status still show as pending, but only difference, his case is EB3, not EB2. I-485 filed during the July rush, both the primary applicant and the spouse got the welcome notice via USPS mail. LUD seems to be in August sometime. The online status is not really reliable. Still shows as case received and pending. PD is July '04. He is not sure, and his consulting his attorney, if any action required on his side. Not sure, this is a exception or more cases like this.



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