Friday, June 17, 2011

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  • Macaca
    10-01 03:27 PM
    Worldwide Limits
    (a) FS Preference Limitation:
    The overall ceiling for relatives is 480,000, from which the previous year's total of immediate relatives and other family classes which are exempt from the numerical ceiling are deducted to determine the level of family-based preference immigration. Although the difference could be greater or less than 226,000, that figure is established as a minimum for the FS preference immigrant limitation.
    Specifically, if such family-related numerically-exempt immigrants and parolees are fewer than 254,000, the family-sponsored preferences will be entitled to more than 226,000 in the following fiscal year. On the other hand, if such family-related numerically-exempt immigrants and parolees exceed 254,000, the FS preferences are still provided at least 226,000 numbers by virtue of the minimum annual limit assured by Sec. 201(c).
    So # legal immigrants/year = 480K (FS) + 140K (EB) + 50K (diversity) + Refugee + Asylum + ... = 670K + ... ~= 1M (reported in articles)




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  • kinvin
    05-08 04:11 PM
    Thanks,

    I have a labor pending since May 03 in NY and my employer received the just finished the advertisements last week. So I guess it will be a couple of more months before I even see an approval on DOL's website.




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  • Marphad
    07-06 03:28 PM
    ban this guy/girl.....

    This type of language is not acceptable at all. He is new Sanju (and he was..... no comments ;)).




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  • tushbush
    03-05 04:01 PM
    same here my friend.

    ditto



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  • Milind123
    09-16 03:56 PM
    Come on people only 11 shots to be fired. (I will take one shot, two already fired). The next person who will pull the trigger is probably a jovial person. He/she has contributed before or will contribute for the first time. He/she thinks we are a bunch of serious people, who will get the job done, but too serious for his/her company.

    That is not the case at all. To prove it, here is a joke for you, to make you pull the trigger, amused and probably laughing.

    Note: It is impossible to crack a joke and make everyone laughs. Invariably it is offensive to someone. I hope it is not the case here. Also, not everyone likes a particular joke; well the objective here is to make only one person laugh (enough to go to google and pull the trigger). You may have already heard it, but I found it funny. If I don�t get contributions for this one; that�s fine, I won�t try again; this will be the last joke I will post. (I don�t want to scare you away).

    An old lady takes the limp body of her rabbit to the vet. She pleads to the Dr �Please please take a look at my dear Pilu. He is not responding at all�. The Dr goes and checks the poor rabbit. �Sorry! But your Pilu is dead�. �No it can�t be the case, help me, help me, please do something�. The Dr says OK and blows a whistle. A cat come and gets on top of the table where Pilu�s body is lying�. She sniffs the body from top to bottom and shakes her head and leaves the room. The dr looks at the old lady and shakes his head too. Old lady protests and says the dr is not doing a good enough job. The Dr again whistles and in comes a Labrador Retriever. The dog also check Pilu and declares that the rabbit is dead. �How much� the lady asks the dr holding Pilu very close to her chest. �$250� the Dr replies.�WHAT $250 TO TELL ME THAT MY DEAR PILU IS NO MORE�. The dr replies back in a very calm tone �it would have cost you 50 when I told you, but you were not convinced and I had to run a lab report and do a cat scam. $100 each�




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  • gemini23
    08-02 03:44 PM
    awesome kondo. This gives me good and warm feeling. that they are working hard.



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  • pbojja
    09-11 04:21 PM
    We need to do some thing about it so that they dont repeat the same mistake again . Lets attach a message or real calculators along with flowers and start campign ..atleast we get the attention like we did in July 07

    I know we are too scared of doing any thing because they have our applications to process ...I think this is the time to step up again ...

    even though I m EB2 2006 applicant , I was so frustated to see 2006 approvals , how can they do that ? Why they move to 2006 in first place raise hopes and dash them in less than weeks ...

    Come on lets do some thing..




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  • sriramkalyan
    06-09 12:05 PM
    i was regular contributor to IV ..I stopped it ..

    My request is ..

    All postings on IV should identify the user as contributing member or a Free User.

    That change will help IV to increase Funding ..

    I will sign up for monthly recurring to IV if I see above change ..



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  • jung.lee
    04-04 12:55 AM
    :confused::confused:We cannot start a S-corp on EAD. Need to be GC holder or US Citizen.
    ...
    Should a Corporation's owners later wish to be taxed as an S-Corporation, they would file a "Subchapter S" federal tax election (Form 2553) within 75 days of incorporating or within 75 days of the beginning of the calendar year. To do this, the Corporation would need to have less than 100 owners, all of whom must be either U.S. Citizens or permanent resident aliens ("green card" holders). Once the "S" tax election is made, the return to be filed is the 1120 "S", rather than the 1120. Whether or not you decide to be taxed as an S-Corporation, your company is still a "General Corporation" in the eyes of the state of incorporation.
    ...
    [
    But we can setup Solo or Partership or C-Corp. Don't run into legal issues by setting up S-Corp on EAD, before getting GC.

    Good luck.

    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!




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  • ksefiane
    09-12 03:10 PM
    I have contacted newsrooms in Lynchburg, Roanoke, Charlottesville, Richmond, Danville, Blacksburg, and the New River Valley.

    Thanks!

    Karima



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  • santb1975
    05-26 11:23 PM
    :confused:




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  • Administrator2
    04-30 10:48 AM
    I don't know where the phone campaign stands in light of this

    Obama takes immigration reform off agenda - Yahoo! News (http://news.yahoo.com/s/ap/20100429/ap_on_go_pr_wh/us_immigration_politics_3)

    POTUS has openly declared "no appetite for CIR"...

    So, I guess, all we can do is eat the kela that has once again been given to us...

    Those comments were made by the President before the Senate Democrats press event. In fact one reporter asked Sen. Reid about the President's comments. It is not possible the Senate democrats do immigration press event on the Hill without the concurrence of the President.

    We think that the President is trying to make his sincere push for the reform which requires a bi-partisan support. He did not say that he is taking immigration off the agenda. So this article is misinterpreting the comments of the President.



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  • sparky_jones
    03-04 12:29 PM
    My application is filed with Texas Service Centre.
    That's interesting. This is the first TSC case of pre-adjudication activity for EB3-I with PD similar to yours that I have noticed in the forums.




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  • eastindia
    04-29 05:40 PM
    Can I call now? When will office close?



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  • satyasaich
    03-08 09:50 AM
    I'm listening now and discussion is interesting


    One needs Realplayer to listen to the hearings. But even then I only get a high pitched sound.




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  • vik352
    12-18 04:32 PM
    My I-140 was applied in May 2007 but I never got the approval until recently. My company opened a service request 30 days ago and I got the approval on Dec 12th. Service request helped in my case.



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  • UKannan
    03-03 04:37 PM
    Everyone feel like giving up but none of us give up :)




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  • aerady
    05-09 05:40 PM
    I have been a victim of this rule implemented by DMV. On Texas the rule is like this. If you have Visa validity embedded on your DL, you will get a letter before 'Valid till Date period' on DL to show proof of approved I-797. In TX your approved petition you need to satisfy two conditions (1) When you go to DMV office, your approved I-797 should have atleast 6 months validity (2) The period on your I-797 should be more than one year. If you disqualify on any of these, they will suspend your license until you show a I-797 that satisfies the above two conditions.
    So, My case is like this:-
    My TX driving license(Valid till 2017) was suspended by DMV when I went(I tried online but it didn't work) for address change on 5/8/2010 saying that I don�t have a H1B visa which is valid for more than 6 months (Valid till 10/26/2010 � approx 5 months and 20 days) at the time of my visit for Address change.

    I quit driving after that and my employer applied for Visa extension and they got the visa approval from 10/27/2010 to 9/19/2011. I got the approved petition from USCIS on 2/15/2011.

    I went to the DMV office on 2/16/2011 and again DMV denied me license saying that even though the visa is now valid for 8 months, the total period for which the visa I got is less than 1 year(10/27/2010 to 9/19/2011 =11 months)

    I am on 6+ years on US and my employer is processing my green card. USCIS will give only 1 year or less increment H1B extension after the 6th year till I get my I-140 approved.
    The USCIS processing time is 4 months to 6 months for visa extensions, which puts me in a loop like sometimes when I get the approved extension, I will not have 6 months validity from the time I receive the approved petition from USCIS OR USCIS may not give one full year extension.

    I am literally stuck without driving for the last one year. I was driving in US from 2003 to 2010, I don't have any accident history, I pay taxes regularly and always been a good citizen, but see what I get back!




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  • ind_game
    05-18 04:19 PM
    Hi ind_game, attorney and all readers,

    After reading ind_game last quote "God save AC21.....". I have following questions:

    1. Do you know any one (your friend, client) used AC21 and faced same problem? Es
    2. Is it true that AC-21 info don't get updated in the USCIS records?
    3. If yes (2 question), then x-employer I-140 revocation will ALWAYS result in THIS kind of problems (as ind-game is facing)?
    4. To attorneys only: Is AC-21 really helpful or misleading? Asking because if it don't update in USCIS records.

    Please reply.

    thanks,
    waitingmygc



    waitingmygc,

    I am really sorry if my message has festered you. That was not my intention. After three months of slog and surge in frustration, I was not ready for another 2 months.

    1.

    I have found some case studies and I am still in touch with them...........but everybody got thru this with a good ending........I have a series of case studies in another website's forum who have faced similar issue (of course, not 2 MTRs but just 1 MTR)...........I do not think it would be wise to post them here.........

    2&3.

    This is not in every case. One of the members contacted me today and said he got NOID for not submitting AC21, which is according to the guidance. One of my other friend did not submit any AC 21 and he got laid off from the changed company and he did not get any notification from USCIS. He is just moving ahead without filing any AC21.
    One of my other friend changed jobs twice using AC 21 and he got NOIDs both times. NOID is common and according to the guidance in the memo (Yates memo). Trust me, I have contacted so many people in the past three months, I have enough case studies in my laptop now.




    tikka
    07-19 02:45 PM
    Hi Folks,
    I just contributeD $100. I am very glad to be part of IV. Keep up the good work!!
    Regards,


    your first post and you contributed...:)

    thank you for your contribution...




    ss1026
    05-31 02:10 PM
    Did get solved by Andrew Wiles in in the mid-nineties. To read about the history and drama behind this theorem, I suggest reading 'Fermat's Enigma' by Simon Singh. So I guess if that can be solved, PBEC could find a way out for all of us.



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