Saturday, June 25, 2011

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  • gcgonewild
    04-29 04:23 PM
    Pappu,

    Just called all Senators

    The Phone number of last few senators is wrong.

    Please change 244 to 224.




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  • mirage
    08-17 09:38 PM
    What if you spend 3-4 K in the new GC process, and after writing these letters USCIS wakes up and release statistics that they have 2000 EB-3 I pending for 2002/2003 and 1000 for 2004 will you still go ahead ? I guess for us the most important thing is to know how many cases are really pending. As I am not filing a new EB-2 and what if there are 15K cases in 2002/2003 and 50K in 2004, I'll be sitting here all my life looking at Visa bulletins :o
    GC Life screwed me badly, couldn't file in EB2 2 times even though eligible because of a couple of idiots, only action item I can think for myself is re file in EB-2 which I am doing it very soon and have an appointment wirh Mr.Khanna tomorrow.




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  • 9years
    10-28 07:27 PM
    Hi Vayumahesh,

    My attorney told me that it takes around a month to get ported (may be he is just saying in general). As I mentioned earlier My I-140 (EB2 one) shows EB3 priority date. I hope something will happen in a month or two.

    Good luck to you on your EB2 I-140.

    Thanks.




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  • amitkhare77
    11-08 07:40 PM
    No, this is only the processing time for labor application, the whole process took a lot longer than this. I first submitted my document to the lawyer in the last week of January this year. Lawyer prepared my case, wages approval etc. it took around 1+ month to get preventing wages. then advertisement, recruitment process etc.
    almost 8 month to finish all the requirements before the company could actually file the labor application.

    I hope this answers your question.
    Wow! Just in less than 2 months? What about the Ad stuff? Does this include everything?



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  • gc_maine2
    04-04 10:27 AM
    :confused::confused:

    I am excerpting Internal Revenue Code Section 1361 below:
    Internal Revenue Code
    � 1361 S corporation defined.


    (a) S corporation defined.

    (1) In general.
    For purposes of this title, the term �S corporation� means, with respect to any taxable year, a small business corporation for which an election under section 1362(a) is in effect for such year.

    (2) C corporation.
    For purposes of this title, the term �C corporation� means, with respect to any taxable year, a corporation which is not an S corporation for such year.

    (b) Small business corporation.

    (1) In general.
    For purposes of this subchapter, the term �small business corporation� means a domestic corporation which is not an ineligible corporation and which does not�

    (A) have more than 100 shareholders,

    (B) have as a shareholder a person (other than an estate, a trust described in subsection (c)(2) , or an organization described in subsection (c)(6) ) who is not an individual,

    (C) have a nonresident alien as a shareholder, and
    (D) have more than 1 class of stock.

    (2) Ineligible corporation defined.
    For purposes of paragraph (1) , the term �ineligible corporation� means any corporation which is�

    (A) a financial institution which uses the reserve method of accounting for bad debts described in section 585 ,

    (B) an insurance company subject to tax under subchapter L,

    (C) a corporation to which an election under section 936 applies, or

    (D) a DISC or former DISC.

    There is no mention here that the "resident" must be a permanent resident.

    Here is an excerpt of the Federal Regulation that defines who is a "resident alien" for taxation purposes:

    Reg �1.871-2. Determining residence of alien individuals.
    Caution: The Treasury has not yet amended Reg � 1.871-2 to reflect changes made by P.L. 108-357

    (a) General. The term �nonresident alien individual� means an individual whose residence is not within the United States, and who is not a citizen of the United States. The term includes a nonresident alien fiduciary. For such purpose the term �fiduciary� shall have the meaning assigned to it by section 7701(a)(6) and the regulations in Part 301 of this chapter (Regulations on Procedure and Administration). For presumption as to an alien's nonresidence, see paragraph (b) of �1.871-4.

    (b) Residence defined. An alien actually present in the United States who is not a mere transient or sojourner is a resident of the United States for purposes of the income tax. Whether he is a transient is determined by his intentions with regard to the length and nature of his stay. A mere floating intention, indefinite as to time, to return to another country is not sufficient to constitute him a transient. If he lives in the United States and has no definite intention as to his stay, he is a resident. One who comes to the United States for a definite purpose which in its nature may be promptly accomplished is a transient; but, if his purpose is of such a nature that an extended stay may be necessary for its accomplishment, and to that end the alien make his home temporarily in the United States, he becomes a resident, though it may be his intention at all times to return to his domicile abroad when the purpose for which he came has been consummated or abandoned. An alien whose stay in the United States is limited to a definite period by the immigration laws is not a resident of the United States within the meaning of this section, in the absence of exceptional circumstances.

    Here is the relevant Federal Regulation on Proof of Residence for determining status for tax purposes:

    Reg �1.871-4. Proof of residence of aliens.
    (a) Rules of evidence. The following rules of evidence shall govern in determining whether or not an alien within the United States has acquired residence therein for purposes of the income tax.

    (b) Nonresidence presumed. An alien, by reason of his alienage, is presumed to be a nonresident alien.

    (c) Presumption rebutted.

    (1) Departing alien. In the case of an alien who presents himself for determination of tax liability before departure from the United States, the presumption as to the alien's nonresidence may be overcome by proof�

    (i) That the alien, at least six months before the date he so presents himself, has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or

    (ii) That the alien, at least six months before the date he so presents himself, has filed Form 1078 or its equivalent; or

    (iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.

    (2) Other aliens. In the case of other aliens, the presumption as to the alien's nonresidence may be overcome by proof�

    (i) That the alien has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or

    (ii) That the alien has filed Form 1078 or its equivalent; or

    (iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.

    (d) Certificate. If, in the application of paragraphs (c)(1)(iii) or (2)(iii) of this section, the internal revenue officer or employee who examines the alien is in doubt as to the facts, such officer or employee may, to assist him in determining the facts, require a certificate or certificates setting forth the facts relied upon by the alien seeking to overcome the presumption. Each such certificate, which shall contain, or be verified by, a written declaration that it is made under the penalties of perjury, shall be executed by some credible person or persons, other than the alien and members of his family, who have known the alien at least six months before the date of execution of the certificate or certificates.




    (c) Application and effective dates. Unless the context indicates otherwise, ��1.871-2 through 1.871-5 apply to determine the residence of aliens for taxable years beginning before January 1, 1985. To determine the residence of aliens for taxable years beginning after December 31, 1984, see section 7701(b) and ��301.7701(b)-1 through 301.7701(b)-9 of this chapter. However, for purposes of determining whether an individual is a qualified individual under section 911(d)(1)(A), the rules of ��1.871-2 and 1.871-5 shall continue to apply for taxable years beginning after December 31, 1984. For purposes of determining whether an individual is a resident of the United States for estate and gift tax purposes, see �20.0-1(b)(1) and (2) and � 25.2501-1(b) of this chapter, respectively.


    In summary, I submit to you that if you work in the US for more than 6 months out of a given year, you are a resident alien, and therefore are eligible to set up an S-Corp.

    Since I am still learning about this, any input/feedback/logical arguments with relevant proof/citations would be appreciated!


    Very good info, thanks for the posting. BUt its still not clear whether the spouse who is on EAD and does not work at all or for that matter 6 months in a given year, will she/he be eligible for setting up a S -corp??

    Thanks
    sree




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  • chanduv23
    05-18 03:39 PM
    ANOTHER UPDATE

    I just spoke to Congressional office and this is what she has to say:

    Quote"""""""""""

    I just spoke with our liaison at the Nebraska office and she confirmed that your motion to reopen was approved on Friday (05/15/2009). That, I am told, means Nebraska agrees to re-examine your I-485 denial and a decision should be forthcoming within 60 days. I suggest that we wait to see what that decision is before our office initiates any formal inquiries with the USCIS Nebraska Director.

    """"""""""""""Unquote

    But she agreed that my second MTR might have been on sidelines and the congressional office inquiry into the matter could have influenced USCIS to review my case ( probably with a supervisor) immediately. She told me that she would put another inquiry with NSC in 4 weeks if nothing comes up. Finally we have decided to forgo (just for now) the process of writing letter to the NSC Director as it might not add much weight to the process, as congressional office would be repeating the same argument that my Attorney has made regarding the AC21, which a supervisor is already looking at.

    I have already waited for 3 months. Another 2 months might take its toll on my emotional drain.

    God save AC21............

    That is a standard message. Basically yur 485 has been reopened. Unless your priority date is current there is nothing much they can do, but if there is a need for RFE, they will send you RFE.

    Congratulations. This is a standard message your case has been reopened. You must celebrate this moment.

    Unless your MTR is approved, your case does not get reopened. So your MTR is also approved - usually they do not update those messages on the online system properly and thats why we do not see them.



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  • gcisadawg
    02-08 07:15 PM
    Absolutely wrong. If husband and wife are filing a joint tax return, it is wrong on her part to send money to her parents without informing her husband. Leave the taxes, it was simply wrong on a wife's/husband's part to do ANY major money transaction without letting your other partner know. Its equivalent of cheating (just financial cheating). Do you think it is ok for a man to send money to his parents?

    I do agree with your point that information about transactions should be known to both parties. To answer your question, yes, in my opinion, it is perfectly OK for a man to send money to his parents since the man is earning. If the girl earns, she earns that right.
    Say, when the couple goes to India for a vacation, I totally support the girl buying gifts similar to what the man has bought for his family/relatives. I also support assistance based on humanitarian needs for girl's parents. ONLY when it is comes to demands of sending monthly allowance or occasional lump sum, a line needs to be drawn.




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  • Green.Tech
    06-02 04:46 PM
    Wake up people!



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  • ss1026
    03-31 03:52 PM
    Rcvd 45 day letter in early feb/2006 and replied same week. Waiting on further movement
    VA/PD Feb2005/RIR/EB2




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  • tikka
    07-18 04:21 PM
    I wish we make it only for contributing members.


    good idea ! :D



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  • Libra
    09-10 03:09 PM
    thanks manugee for contribution and consideration for rally.




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  • eb2_immigrant
    03-05 03:39 PM
    We had soft LUD on our cases as well, for both my wife and me. Hope it will be all good. My Atty mailed the application on 6/31 and it was receipted on 09/07/07.

    Where us your application at ? TSC or NSC?



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  • nk2006
    10-17 04:19 PM
    {someone sent me a PM (with a red-dot to boot :) asking what is the plan?}

    As explained in the first post of this thread the current plan: is to write to ombudsman, service center etc and explain why this I485 denial is wrong. The letter format and addresses are provided in the same post. I request members to email ombudsman the letter - since their office got some attention on this issue its best time to send more. All you have to do is paste the letter and add your personal info and send email - take a few more minutes to print it and send hard-copy as well, just in case if they ignore emails.




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  • test101
    07-05 02:35 PM
    Called up Sen Casey's office and I was told that in the local office they cant do much about a mass enquiry but he volunteered to do it on a personal basis for my case in particular.

    awsome.. that's a good news....good luck



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  • javaconsultant
    03-27 11:51 AM
    guys, please post your action about Monday so we atleast have an approx no.of faxes going out to Ms.Chao

    We have the address but does anyone has the fax number?
    I would say all of us who ever wants to fax & mail letters to every authority. lets do it on April 3rd.
    Remember it is April 3rd and this has to be coordinated to all forums mainly to Dallas BEC and PBEC and same subject has to be used in all the fax's & Mail.

    DOES ANYONE GIVE ME THE FAX NUMBER?
    Please cut and post below into all forums with fax number you visit this way it will be coordinated.


    --------------------------------------------------------------------
    We are trying to conduct a nation wide rally of faxes/mail to be sent to Concerned authorities on April 3rd and April 4th, if your Labor is stuck in any of the BEC please send a
    - Mail to below address (so that all mail could reach authorities on same week)
    - Fax to below number (so that all faxes could reach authorities on same day)

    April 3rd and APRIL 4th

    Please use same subject in all your faxes, no matter how you want to address your content of the letter. Please try to post matter of this posting to all forums you visit.

    Subject: Delay in Foreign Labor Certification application approval process at BECs



    DOL Contacts

    Ms. Elaine L. Chao
    Secretary of Labor
    (202) 693-6000

    Mr. Paul T. Conway
    Chief of Staff
    (202) 693-6007

    Mr. Steven J. Law
    Deputy Secretary
    (202) 693-6000

    Ms. Ruth D. Knouse
    Executive Secretariat Director
    (202) 693-6100

    Ms. Amy Barrera
    Director of Advance & Scheduling
    (202) 693-6003

    Ms. Laura Genero
    Associate Deputy Secretary
    (202) 693-6000

    Address for all the above people
    U.S. Department of Labor
    Frances Perkins Building
    200 Constitution Avenue, NW
    Washington, DC 20210




    Below is the sample draft:
    -------------------------
    Dear Sir / Madam,

    Sub: Delay in Foreign Labor Certification Application approval process at BECs

    I would like to bring it to your attention the delays in LCA approval process at the two BECs, most notably the Philadelphia. I have been waiting for almost 2 years since the commencement of two BECs and have not recieved our apporvals.

    Me and my family are suffering constantly due to these delays. Please take necessary measures to speed up the approval process.

    I would be highly obliged if you look into this matter as soon as possible.

    Sincerely,
    your name
    City, State, Zipcode
    __________________
    Case Status:
    YOUR PRIORITY DATE
    YOUR STATE
    TR/RIR
    EB 1/2/3




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  • tapukakababa
    03-10 01:33 PM
    I have some questions?

    1. Can you work for your wife and also get paid in check? or I will have to go for cash payment?
    2. Can I have a second job in my wife's company and retain the original job?
    3. Can I have a different occupation in my wife's company which is totally not related to my original job role? and then can I get paid in check or cash?
    4. Can I work for my wife's company and instead of me my wife gets the check? Is that legal?

    Thanks.

    For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.

    1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.

    2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....

    3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....

    4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....

    5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant

    6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...


    Hope I have been able to answer your questions....:cool:



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  • new2gc
    08-23 08:26 AM
    This line is not good:

    (ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;

    First they were after H1b...Now I-140 then they will come after EAD and even GC....sooner or later....no matter how loud we cry for justice....




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  • garry_kay
    06-20 12:20 PM
    Finally I got my lawyer to start an inquiry at the Atlanta PERM center. My case is pending since Feb 07.

    Do you know if you got an audit? Any idea about how they decide to do audits?




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  • vayumahesh
    11-08 03:47 PM
    I got a email notification from my attorney just now that my I-140 is approved with priority date ported from EB3. Not sure whether I should wait few weeks before initiating interfiling process.




    Humhongekamyab
    02-18 05:33 PM
    i had run these numbers a while back. for sure EB2 will reach the end of 2005 this year. i just hope its done systematically so that they clear everybody with an EB2 2005 PD this year.

    I have a different question. My PD is Dec 2005 but my 485 was filed in August 2005. Do you think they will approve (or work) on my 485 once my PD is current or will they wait for the US CIS processing time to move to August 2008 (which I don't think for India will happen anytime soon).




    axp817
    11-25 04:00 PM
    A general question - Is it normal to see LUDs on the 485, approved 140, approved 765/131 a few (3) weeks after sending AC21/G28N documentation in?

    I changed employers about a month ago (140 approved, 485 pending more than 180 days), and the new company filed AC21 on Nov 3. I saw a soft LUD on my 765, 131, 485, 140 yesterday (Nov 24) and another soft LUD on just my 485 today (Nov 25). I wonder if these have to do with the AC21 and G-28N updates or if it is a sign of I-140 revocation and I should expect a 485 denial soon?

    Any response will be highly appreciated.

    Thanks,



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