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  • superdude
    08-02 07:29 PM
    It is better to wait till you get your receipt.
    Hello gurus,

    I applied 485 on July 25th,2007. Now can i travel outside of USA, or have to wait until i receive the receipt? Please help as soon as you can.




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  • bala50
    09-13 04:07 PM
    I'm ready to fill the sixth slot . I have contributed to rally before and i will match Milind's next contibution.


    Thank you mohitb272, wolfsappi, kanaihya and ravikanthe. All your help and contributions are greatly appreciated.
    Details of my $100 contribution are in my signature.

    To people who still have their finger on the trigger,

    Guys, Are we ready to fire the next round? Believe me you will feel good. The gun is loaded with 5 bullets again.
    But wait a minute, someone told me this revolver has six chambers. We can put one extra bullet in this baby.
    Would any senior member or previous contributors like to be the guest of honor and help us fire the last bullet?

    On a more serious note we still required $10,000 before Sept 18th.




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  • amitkhare77
    11-08 04:25 PM
    My company filed labor application on 13th September 2010 and it was approved on 2nd November 2010. Now getting ready for I-140. I thought I will share this info with the forum




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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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  • Caliber
    05-15 03:47 PM
    Finally at last today the web site shows that my Labor is certified. I am really glad at it. PBEC has shown us the HELL on earth and though I am 43 years old, I feel like much older than that due these PBEC guys. They never realize that this is our biggest milestone.

    My NOF was on Prevailing Wage as my pay was 65K and PBEC wanted to increase it to 87K. But our attorney's have submitted third party surveys and we have given up thinking that PBEC will not agree for it.

    I know how hard it is to live without a status. I pray that PBEC guys releases every one from their HELL. Details are in my signature.




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  • ivgclive
    12-11 02:55 PM
    i sent all documents to loan officer at wells fargo for refinance. I sent I-140, EAD copy for immigration documents. just got email from loan office that he received my file back from underwriter and ask for greencard copy front and back as underwriter said EAD is not acceptable (Employer can not sponsor borrower).

    could anybody please tell me what to do now?

    thank you:(

    May be they approve loan for only people who run away and screw up economy.

    Try with a different bank.

    There are many who bought home with H1B visa.

    My street has 3 people who are in H1B (not even 140 approved) and great homes.



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  • dhesha
    09-08 12:10 PM
    Yes. Is there any Legislation/or anything that can be worked on to make it a Law for getting Citizenship application eligibility after 5 years (or 6 years considering time to process fingerprint/medical/etc..) of I-485 application Provided, it is been Pending for years becoz of Visa-Unavailability from state.
    Does any one among the Core IV committee aware or any such point?

    If anything best the Core IV can do for all us, then it should be this one. Not sure what is their opinion about it. At least we should try for it since it is covering majority of us to get benefited.




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  • nirenjoshi
    03-09 06:14 PM
    Added info about April VB to past VBs table.
    http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data

    The way dates are moved doesn't seem to have any fact based intelligent logic.

    Pardon my ignorance, but where does the data on the last 2 columns - the one for I-485s - come from? And does that includes Family+EB?



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  • MDix
    03-03 11:16 AM
    I don't think EB3-I would be U for more than a month, as I keep saying this year EB3 would be getting some share of spill-over. So even if it becomes U for April that would be temporarily and it would return back in May.
    I agree. EB3-I would go U for rest of the year.

    Thank's
    MDix




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  • Humhongekamyab
    02-18 04:27 PM
    Mine too is the same. I hope we are not from the same company. I remember, I had to fight asking my employer to file the labor since they were delaying without giving any reason and they did filed a bunch of labors on the same day.

    No we are not. I work for a company which has only filed two PERM since it was incorporated. Nice to know our priority date is same. Stay in touch - let's see if they approve our applications around the same time. All the best.



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  • asanghi
    04-30 02:35 PM
    Somebody starts to speak.




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  • DSJ
    07-06 01:15 PM
    Forgot in a hurry, it is updated now

    ok this is from Oh's website..pelase always quote source.



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  • JunRN
    09-28 07:43 PM
    Hopefully, they can repeat the same madness again and do it for good this time around.

    Looking at , it seems that latest approvals really come from ROW and Philippines for EB2 and EB3.

    So ROW and Philippines filers, hang-on!




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  • fromnaija
    06-01 05:20 PM
    The date of the I-140 approval matters just in case the visa dates are retrogressed again before your case is adjudicated, in which case it will be better the longer the delay on your 140 approval. See examlpe 5 in raju123's posting above.

    Thank you for your response......

    Yes I believe paperwork will be filed for all my dependants concurrently. Does it even matter when the I140 is approved?
    It seems that under the new law his cutoff date is Jun 1 since that is when my priority date will be current so as long as he applies for a green card within one year he is ok.
    So if we apply concurrently when is his green card application deemed to have been applied for? When we file concurrently or only when and if the 140is approved.
    What do you think?



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  • test101
    07-24 05:15 PM
    all what i did is the following :

    A-filed the application and paid it on line. I called the cgnfs to check on the required documents.

    B- part of the cgnfs application is need to be sent the the Nusring Board of education in the state you are licensed in. Call the nursing board of education in your state, usually there is a fee for varification of licneses.
    Ask them if you can include an express paid envelop so there wont be any delays. Explain to the nursing board that you need it fast so they finish it fast.


    C-Your transcripits has to be sent from your college.(do not send it yourself). I went to my college, ordered my transcripit and went to the nursing office and had them express mail it the same day.

    I believe you need your high school diploma as well. Call the cfnfs and them for they exactly wants from you.
    You do not need Toefl if you are educated in the US.

    My experience with them is that they are fast if you are US educated because they do not really have to evaluate your education.

    good luck




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  • ashutrip
    06-16 06:44 PM
    If you are stuck at Atlanta PERM backlog center , please email your case number and explain them that your application has been pending for a LONG time and request them to help us get out of this grave situation. Also, please post on this thread after you have sent an email so that others can be motivated to do the same. We need to send as many emails as possible to get any positive feedback. I know that DOL mentioned that they will start processing our applications soon, but we need to keep up the pressure from our end so that it has some positive effect.

    I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...

    Here is the info :
    email : Perm.DFLC@dol.gov
    Phone : 404-893-0101

    Thanks
    Champak (Same as 1 and 2)
    what is your PD?



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  • redcard
    08-12 12:44 PM
    I totally agree that is a very unfair measure against the whole H1-B community and all of us here especially for lots of us who come from large Indian technology companies. Having said that, don�t we all agree that the mess we are in including the Green Card retrogression is driven by the fact that this H1-B system was grossly misused by the unscrupulous body shops and consulting companies run primarily by Indians in US. These companies not only reduced the quality of Indian Professionals which was sort after by American Technology companies but also has made the skill set of every Indian professional seeking a job doubtful because of the widespread practice of dressing up the resumes. I am sure this had to happen sooner or later and unfortunately the ethical Indian companies have also got caught in this.

    On the other hand I think the good fall out of all this should be that large Indian companies like TCS and Infosys should move from service centric model to a product centric model. I personally think that a product centric company is much higher in value chain compared to a service oriented company. Unfortunately India which has one of the best technological brains cannot boast of single product like Windows or for that matter Peopelsoft, SAP which would not have been possible without the contribution of Indian Technology Professionals but were developed for international companies.

    Unfortunately we tend of have the ability of exploiting everything that comes our way like the H1-B Visa system a crackdown of which comes down to effect the people who play by the book. It won�t be long before axe comes down on the EB-1 category of GC the way its being exploited.




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  • bpratap
    05-15 05:08 PM
    I am working with a bank for my new Mortgage. The bank is asking for 3 year continuous VISA (forward) as a requirement.

    My situation is H1 + 485 (I-140 Approved)

    my current H1 will expire in December 2009, I cannot apply for extension until June 09 (180 days )

    but Bank guys are asking for 3 yr VISA, they are not even looking on my H1b Approval letter as there is a line mentioned in there as "This form is not a visa nor may it be used in place of a VISA"

    Anybody have similar experience ? and any suggestions of how to approach / explain this to bank guys ?

    Appreciate ur views n comments




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  • diptam
    08-12 03:41 PM
    There are lot of good/standard consulting companies ... Some are 'con' but they can't create massive impact , however the MNC's do MANIPULATION at a large scale.

    Do not generalise all consulting companies...At least people working in these consulting companies sponsored GC and buying house and spending their money here. Most of the fradulent GC process was done by these croocked indian companies. They exploited the EB1C system to the maximum extend. Most of the times, they are not filing the GC and keep the employees as slaves or they exploit the EB1c fo their boot lickers.




    h1techSlave
    09-13 11:35 AM
    Could you please provide some more information regarding this porting from EB3 to EB2?

    Hi All,

    My Eb2 Perm Labor Approved. It took 2 months to get approved. It was filed on 07/09/2010 and approved on (email received by HR dept) 09/10/2010. This is just to share with all of you.

    Thank you.




    mallu
    03-31 09:55 PM
    .... We have NO RIGHTS WHATSOEVER to ask for that.

    There may not be rights, but certainly immigrants can request law makers to deal with a dysfunctional organization like USCIS. And USCIS can be dragged to court via WOM and most of the time judges understand the immigrant situation and serve justice.



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