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  • somegchuh
    08-21 04:02 PM
    Hi Guys,

    I just wanted to get some input from the veterans here who have started a business in partnership while they have been waiting for the coveted green card.

    What kind of legal paperwork does it take to start a business? I would think as long as you don't work for the business it should be ok? If you can own part of a corporation (stocks), you can be a partner in a business?

    Ideas?





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  • tdasara
    08-21 04:08 PM
    Also does anyone have any information on revenue thru 'Google Adsense' when on H1b?





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  • willgetgc2005
    12-14 03:57 PM
    Thanks all.

    1) While filing AP online it asks if I want to add more filings. I want to add my wife's I-131 as well. Also my wife is a derivative beneficiary of my pending 485. So, my question is should my wife and my AP supporting documents be mailed in the same packet, even though I will
    create 2 separate files in the same packet. Please advise. Else, how will they know that my wife's AP renewal is linked to mine.


    2) There is a section which asks for the data of Intended departure. In paper based filing i would type unknown at present time. But in e-file, i cant type that in the date field. Can I leave this field and the length of stay blank ?


    3) Part 7 Info for me asks only if my trip is for single entry or multiple entry. It does not ask for any supplemental Info. What is this supplemental info people talk about ?



    __________________________________________________ _


    1. When you file it online, the category for your wife would be h4.
    2. Send it separately please.
    3. Send the following after applying online:
    a. A print out of the confirmation page that you will get after applying online.
    b. 2 Pics each. Put your a# on the back of the pics.
    c. A copy of any approval notice showing your current status in USA.
    d. A copy of I 485 reciept notice.
    e. A copy of old AP (if any).
    g. A small letter mentioning why you need the AP.

    Thats it and you are all set.





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  • alterego
    03-02 11:15 AM
    The irony in the current schizophrenic EB immigration policy is that, it is ironically the more talented, qualified and marketable and entrepreneural talent that is more likely to look at US immigration policy and call it a day. It is conversely the mediocre talent that would be inclined to "stick it out" and deal with all the crap.
    Hmm, something surely to ponder for this country.



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  • styrum
    01-18 12:50 PM
    INS doesn't process Labor Certification. So it was either DOL who denied Labors or INS/USCIS who denied 140's. The latter is doubtful, because 140 is filed only with an approved Labor (except for EB1s and NIW), but everything is possible with USCIS. There is a will there is a way, there is no will there are excuses (not enough visas, too many of you, too few processing capacity, we gotta protect American workers from you, damn job stealers, etc.)





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  • centaur
    04-13 03:51 PM
    What bill is that? Do you have the bill nimber?

    Iam curious to know if IV is supporting Hagel's bill which will not only increase H1Bs but also has good EB provisions.

    It might not be a bad idea to have some interim relief instead of focussing on gigantic CIR .



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  • sathweb
    02-04 01:02 PM
    :confused: Does anyone have multiple RFE for I-140? :confused:

    I am kind of curious to know if there is anyone like me in same boat. I got 2 RFE (off course one after another once we answer first one) for my I-140 in year 2008. First RFE I got it regarding ability to pay which we answer in January 2008. I got another RFE in August 2008. Second RFE was kind of mix of ability to pay and education validation. For second RFE they ask for university transcript, all experience letter matching with job description from labor certificate, last year's W2 and company's last year bank statement(year 2007). It was one of the huge list I had seen from USCIS.

    Long story short what the hell are they doing with all documents they are asking from us? Its being 3 and half months we have answer 2nd RFE but there is no single response from NSC except they have received the documents and processing has resumed. My I-140 is stuck at NSC from January 2007. How long do I have to wait to get my I-140 approval?:mad:

    How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.

    Please take your Senator or Congressman/Congresswoman help. Though it is not a sure shot, you are better off trying then not trying. Its a simple process, call your Senator and tell them that your application is struck at NSC for more than 2 years. They will take it from there; they will ask you all the documents they need.

    My I-140 got approved after my local Senator called them.





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  • psam
    10-21 01:13 AM
    . if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.

    I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.

    I don't think you will get in trouble with IRS. Because your W2 will have less salary stated. However for H1-B purpose, you salary will drop from what was probably stated on your H1-B application. No one is going to notice this. But just don't do this, when your H1-B stamping or renewal is near, so that you will have full salary mentioned in your recent paystubs.

    --I am PC. Not an attorney or tax consultant :)



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  • logiclife
    09-25 12:07 PM
    Your rights as a participant of a bulletin board or online forum like Immigration Voice forums:



    The rights of bloggers (site admin, site owner or site moderators), their liability and section 230. Section 230 refers to Section 230 of Title 47 of the United States Code (47 USC � 230) (http://www4.law.cornell.edu/uscode/47/230.html). To learn the plain English language explanation of this section, go here: http://www.eff.org/bloggers/lg/faq-230.php (http://www.eff.org/bloggers/lg/faq-230.php)

    What this means is that whenever someone posts anything against anyone, Immigration Voice is immune from libel suits or defamation lawsuits, with couple of exceptions (discussed in item 2). Therefore, any anonymous poster saying bad things about their lawyers, employers, or anyone else DOES NOT HAVE TO BE DELETED. Other than couple of exceptional scenarios (see point # 2), we are not liable for content posted by users of message boards, forums, discussion boards etc. Section 230 protects Immigration Voice website administrator and moderator against libel suits or other lawsuits caused by participants who post messages against their lawyers, employers or anyone else. A recent example of such a case is illustrated in 22 page opinion of a federal judge in DiMeo V Max (http://www.law.com/jsp/article.jsp?id=1149152717145).

    Immigration Voice is not going to delete, edit or moderate the posts and threads posted by our members no matter how defamatory or criticizing they are. That�s because A) Immigration Voice is not liable for what our members do or not do per section 230 and B) Immigration Voice needs to give freedom to members to vent out against the incompetent immigration lawyers and/or dishonest employers because that is what makes us unique and different from censored forums and it is the ESSENCE of this bulletin board.


    The exceptions when Section 230 protections won�t work.Section 230 will not protect Immigration Voice if site moderators and administrators themselves post content that causes damages to others. We (site admin and moderators) will not edit or delete posts that say bad things about other orgs or persons - no matter how derogatory or defamatory they are against some lawyers, employers etc. We are not liable or responsible for them and legally it�s best and safest for moderators/site admins to leave those posts alone. Besides, that is one reason why people come to this site � freedom to vent out without any censorship, sometimes even against the Immigration Voice leadership and core group.

    The other scenario when the section 230 wont protects us is in case of intellectual property. So don�t post any patented information or technology details on this website. However the laws give us a lot of latitude when we post some news articles or other content created by other sources. More details of intellectual property are here on this link. http://www.eff.org/bloggers/lg/faq-ip.php (http://www.eff.org/bloggers/lg/faq-ip.php).



    Are we obligated to provide information to plaintiffs about our anonymous posters?First of all, most of the time, we ourselves don�t know the anonymous posters and who they are. The most we can do is provide IP address. Those IP addresses too are not easy to pin down in certain kinds of network environments. However, we will not give any information about our members to anyone unless and until we are subpoenaed for it. Subpoenas are either issued by law enforcement or by plaintiffs who file the lawsuit. Unless we are subpoenaed, we don�t have to give away any information like IP or email of any anonymous poster. Immigration Voice will never make the IP address or any information available to anyone unless it is ordered by court. Immigration Voice will use all possible legal avenues to protect the privacy and anonymity of its members and online discussion participants.


    What if someone with deep pockets sues Immigration Voice with the objective of shutting us down, even though they know they don�t have a case, but want to sue us just to drag us into expensive court battle and make us bankrupt?There is nothing that protects Immigration Voice (or any such website with discussion boards and forums) from frivolous lawsuits. Anyone can sue anyone else, whether he or she lose or win is a different matter. Section 230 protects immigration voice from libel lawsuits resulting from anonymous participants posting messages that cause damages to organizations or individuals. They are even more counterproductive for the plaintiff if that state has ANTI-SLAAP laws.

    SLAAP means �Strategic lawsuit against active participation�. If someone sues us just to make us bankrupt and shut us down without caring for outcome of the case, then it�s a SLAAP lawsuit. The objective is such lawsuit is not to win but to drag the other party into expensive court battle and make them bankrupt. Some states have laws against SLAAP lawsuits called ANTI-SLAAP laws. They are different in every state. What those laws do in general is make the plaintiff of SLAAP lawsuit pay the defendant for the cost of litigation and defense if they lose. So if someone from state that has ANTI-SLAAP laws sues us, then the money we spend on litigation would have to be paid by plaintiffs if they lose. Therefore there is good chance of finding a pro-bono lawyer because if they win, they get paid from the other party. What this means is that it�s difficult to drive someone to bankruptcy with frivolous lawsuits if the state has good ANTI-SLAAP laws. California is one example. Therefore the chances of us getting sued by someone in CA are lesser than other states.

    Should any party sue Immigration Voice for libel based on posted messages on online forums, Immigration Voice will fight back to the fullest extent and will not remove posts or threads against those organizations.


    What should one do if they have been badly hurt due to incompetence or malfeasance on the part of employer or lawyers?Immigration Voice will neither encourage nor discourage members to post messages against their employers or lawyers or any other party. Members and participants are free to post whatever they want to post. If you lawyer�s actions have hurt you and if you think it�s due to malpractice then you can file a complaint against that lawyer in a state bar. If your employer�s action has hurt you and if you think his actions are illegal, then you can file a complaint against your employer at the department of labor (for wages issues) or other departments for other issues.





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  • karun99
    07-24 11:03 PM
    I am also on the same boat. Can anyone please post the links to get all application forms for filing I485/EAD/AP . Thanks in advance.

    Karun
    Contributed $100



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  • prioritydate
    10-02 09:31 AM
    I had the same problem when I left my last company. They withheld my 15 days pay, constantly asking me to provide the no dues letter. I complained to DOL(Personally gave a call to them). I also informed Ex-Harasser that I got no option to but to complain them about the non payment of the salary. The complained worked like a charm. They sent the paycheck overnight( payed 16$ for the Fedex, can't believe that it's true). The thing is, you just need to tell them that unless you get the pay, you have no option but to complain to DOL, in most of the cases, these crooks will listen.





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  • eilsoe
    05-12 04:31 AM
    I like 'em :)

    The dont is quite hard to make out on some of 'em, but overall I think they're great =) And I'm not just saying that because you're danish :lol:



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  • gcgreen
    07-07 05:07 PM
    I do not know authoritatively if this is so. But logically speaking, I see no reason why not. Asking a CPA is probably the best way to go if you really want to do it only the withholding route. Many times a CPA will give you this advice free of cost. Also you can ask the tax guy at bankrate.com or some other online source where some tax expert answers questions.

    The way I see it, as far as IRS is concerned, by the deadline dates, they expect to receive the right amounts of money. Withholding is one way, estimated taxes is another.

    Also, one thing I forgot to mention in my previous post, make sure you also pay for her social security, medicare and state tax.

    Social security is 12.X % and medicare is 1.5% (please verify from authoritative source), so setting aside 14% for this is a safe thing to do.
    CA state tax is 9.3 % (again please verify because this varies based on your combined income)


    As we file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my employer(w2 based) withhold more money from my paycheck every month?

    Would this extra payment through this channel suffice for the purposes of estimated payments?





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  • amoldc
    10-30 02:08 PM
    Hi My Application alongwith my wife and daughter reached NSC on July 2 and signed by J. Barett. Till date (Oct 30 - 2007) I have not received any information. Its over 4 months and whenever I call USCIS they are asking me to wait. I think my application is lost.
    My lawyer had sent 25 applications in one packet 22 of them got receipts except the three for me, my wife and daughter.
    Will I be able to refile? Lawyer has Fedex Receipt....



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  • aat0995
    01-15 12:03 PM
    Wow! That should save me a bunch. I smell immigrationvoice is getting another donation soon :).

    Now what aranya said would be wrong right? I just want to confirm as quite a few employers follow this practice. As mine is a govt. agency if it is a law I assume they will follow it. But just wanted to confirm..

    Thanks!!





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  • fasterthanlight�
    05-11 01:06 PM
    I like those! (Font could be improved on the "appel").



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  • nk2006
    08-04 10:02 AM
    So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.

    Wow...that's a nice story...in a way its sad that somebody has to wait for long for no apparent/valid reason, on the other hand its nice to know that his latest efforts succeeded at the end.

    This shows (if there are any doubts) how bad is the administrative efficiency of USCIS. There might be several more cases where people are just waiting. Thanks to IV for working on a few administrative efforts recently - but examples like this show how much more to be done.

    On a side note: if this is an IV member, first of all congratulations and secondly please consider giving your details to IV core so that they may use quoting your case in arguing for better administrative changes at USCIS.





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  • rajeshalex
    10-01 04:34 PM
    We can suggest this to ombudsman. Its wastage of time and money on the applicant and the USCIS(tax payers money)





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  • roseball
    05-04 11:11 PM
    Hi All,
    Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
    1. Can we ourselves respond to the RFE and save the $400.00,
    2. If so, What's the process and what documents that we need to send to prove that we are still married.

    Appreciate all of your help in this regard.

    Thanks

    Yes, you can reply to RFE directly. One of my friends recently got a similar RFE and the RFE included the type of documents to submit. The following is the text from the RFE:

    "Submit evidence to demonstrate that your present marriage to XXXX is bonafide. This may be in the form of birth certificates for common children, documentary evidence of joint residence and/or ownership of property, joint income tax returns, joint financial accounts, spousal insurance coverage and other such documentation. If you fail to submit any evience or of you submit insufficient evidence, you application may be considered for denial"

    His lawyer is charging him similar fee so mailed all the above mentioned documents directly with a cover letter and copy of the RFE. Hope this helps.





    a_yaja
    06-21 03:10 PM
    Congratulations!!!!!

    Would you plz confirm us on the Birth Certificate?

    Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
    My BC was issued in 1980 and my DOB is 1974. However, my BC (issued by govt. of Mysore - Bangalore then was part of Mysore then) has a "registered" date as 1974. My lawyer said that since the registered date is 2 days after my birth, there is no problem with the BC.





    KabAyegaMeraGc
    10-22 08:14 PM
    You are very welcome...

    Consular processing is way faster is what I was told.



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