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  • anu_t
    06-16 01:11 AM
    http://grassley.senate.gov/index.cfm?FuseAction=PressReleases.View&PressRelease_id=5428


    GRASSLEY CONTINUES WORK TO CLOSE H-1B AND L VISA LOOPHOLES





    WASHINGTON -- Senators Chuck Grassley and Dick Durbin today continued their quest to ensure that American workers are protected, and that companies who bring in foreign workers are complying with the law.



    The Senators today sent a letter to Emilio Gonzalez, the director of the U.S. Citizenship and Immigration Services, asking more questions about how the agency is addressing fraud and abuse in the H-1B visa program.



    Earlier this month, the Senators sent letters to the top 9 foreign-owned companies to determine the companies' usage of H-1B visas. Today's letter comes on the heels of responses received from several of the foreign companies.



    "From the responses we've received thus far, it�s evident that American workers are in the minority at these companies. I expect Citizenship and Immigration Services to take a hard look at their recruiting methods to make sure they are complying with the law," Grassley said. "We cannot just increase the annual allocation of visas without understanding how companies are using them."



    "We've begun to question how many companies are complying with H-1B visa requirements," Durbin said. "I look forward to hearing back from Director Gonzalez on what the government is doing to enforce the law."



    At this time, Grassley and Durbin will not be releasing the information received from the companies.



    Here is a copy of the letter to Gonzalez.



    June 13, 2007



    The Honorable Emilio T. Gonzalez

    Director

    U.S. Citizenship and Immigration Services

    20 Massachusetts Avenue, NW

    Washington, DC 20529



    Dear Director Gonzalez:



    Recently, we asked the foreign-based companies who obtain the most H-1B visas to answer questions regarding their workforce, wages, recruitment efforts, and usage of H-1B visas in the United States. Our letters were intended to learn more about how some companies are using the H-1B visa program. We remain concerned that the H-1B and L visa programs are facilitating the displacement of Americans by cheaper foreign workers. We continue our effort to understand how the H-1B and L visa programs are being used by U.S. and foreign-based companies, and therefore request that you provide details related to these programs.



    Under current law, H-1B-dependent employers are required to attest that they have not displaced comparable workers in the United States before hiring a foreign worker. They must also make a good faith effort to recruit Americans first.



    The responses to our letters to foreign-based H-1B users have led us to question how many companies are currently defined as H-1B-dependent, and if these employers who depend on H-1B visa holders are being adequately monitored for compliance with H-1B program requirements. While we understand that the Department of Labor has primary jurisdiction over H-1B dependent employers, we would like to understand your agency�s role in ensuring compliance with laws regarding displacement and recruitment.



    We have also become concerned about the use of L visas by companies who also use large numbers of H-1B visas. Many companies are allowed to bring in L visa workers through a Ablanket petition,@ which is approved by USCIS. While the blanket petition is meant to simplify the process, we fear that some foreign workers may be approved for visas by the Department of State without proper oversight by USCIS, which has primary responsibility for ensuring compliance with L visa program requirements.



    In order to better understand the nature of the L visa program, we need to have access to better statistics. We would like to know how many L visas are approved each year, and what companies use the program. We would also like to know more about the use of the blanket petition for L visa holders, and USCIS=s ability to monitor individual visa holders who are allowed entry into the United States on a blanket petition.



    Finally, we are concerned about the level of fraud monitoring of the H-1B and L visa programs. While we understand that the Fraud Detection and National Security unit is analyzing and writing an assessment of the H-1B program, we are concerned that abuse of both programs is not being addressed adequately. Given that the immigration bill before the Senate includes a provision to allow USCIS to divert special funds to other operations, we would like to know how many dollars have been used specifically for H-1B and L fraud efforts. We also seek more details about how these investigations are being handled within the Department.



    Given these concerns, we respectfully ask that the following answers be provided to us by Wednesday, June 20, 2007.



    H-1B Dependent Employers

    $ Please explain the process of identifying employers as H-1B dependent employers pursuant to INA Section 212(n)(3).

    $ How many companies are defined by USCIS to be AH-1B dependent@ employers?

    $ How are these H-1B dependent employers being monitored, if at all, by USCIS?



    Blanket L Visa Petitions

    $ How many L visas have been approved each year since 2000?

    $ Please provide lists of companies that have used the L visa program for each of the two most recently available years, and how many visas each company has obtained in each year.

    $ Since USCIS has primary jurisdiction over blanket petitions and visa policies, what role has been delegated to the Department of State and how is your agency ensuring that aliens under the blanket petition are being properly screened before entering the U.S.?

    $ What role, if any, does USCIS play in monitoring the approval of L visas covered by blanket petitions?

    $ Please provide an explanation of USCIS=s ability to track individual L visa holders who are allowed entry into the United States on visas covered by a blanket petition.



    Investigations of Fraud and Abuse

    $ Annually, what has been the total amount of funds deposited into the Fraud Prevention and Detection Account under INA Section 286(v) since it was established? Of this amount, what amount has been provided to the Department of Homeland Security under 286(v)(2)(B)?

    $ How have the funds provided pursuant to 286(v)(2)(B) been used in FY2005, FY2006, and thus far in FY2007? How many funds have not been expended in a given year?

    $ How does USCIS plan to spend the remaining funds left in FY2007?

    $ How many total fraud and abuse referrals have been sent to Immigration and Customs Enforcement (ICE) in the last two years? How many of these referrals, to your knowledge, have been pursued? How many referrals, to your knowledge, are pending? Please provide any further details about specific cases or referrals to ICE that may be helpful to understanding the process within the Department.

    $ Please provide examples of recent investigative referrals to ICE dealing with H-1B or L visas. Please explain any referrals in the last two years that have not been pursued or that have been closed, and provide information on how many are currently pending.



    While we anticipate your concerns about providing such information to us by Wednesday, June 20th, we must stress the fact that the U.S. Senate is considering comprehensive legislation that would change immigration policies for years to come. The H-1B and L visa programs must be better understood before further action is taken on this bill. We appreciate your cooperation in providing us with input in the next week.



    Please contact XXXXXXXX if you have any questions regarding this matter. Thank you in advance for your cooperation.



    Sincerely,







    Charles E. Grassley Richard J. Durbin

    United States Senator United States Senator





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  • Canadian_Dream
    11-30 02:18 PM
    Can you put the exact working of the status ?

    Is it one of the following ?

    Current Status: Notice mailed welcoming the new permanent resident.

    or

    Current Status: Document mailed to applicant.

    or

    something else.





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  • fide_champ
    03-14 02:10 PM
    hello,

    My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.

    If you have a valid US/Canada visa stamp, then you do not need a transit visa for Germany.





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  • rajenk
    08-21 12:55 AM
    Ok,

    Today the paralegal staff at my lawyer's office told me that they got my wife's application rejected back on July 20th!! They were handling lot of filings and could not update me about this. I am happy that they pro actively re-filed the application. My wife's application was rejected because of improper fees! They filed again and reached USCIS Nebraska on 25th July. Now I am waiting for her application to be receipted.

    Thanks
    Raj



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  • WeShallOvercome
    07-27 02:22 PM
    To be very very safe, make it 180 Business days.:D :D :D


    Good idea, so mark it for first anniversary of your RD :):D





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  • sounakc
    07-29 01:39 PM
    ^^^^^



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  • gchopefull
    10-02 03:39 PM
    r u telling me that other company can apply for perm and I dont have to work for them? is it really possible? i always thought that you have be h1 for the company and then only they can apply for your perm. can a company apply for perm without transfering h1?
    thanks





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  • vladdrac
    06-11 06:01 PM
    the question may be, why did 'someone' do it



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  • vali
    10-23 11:38 AM
    I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
    I just received today my LC after a long wait in backlog from 04/2001.
    1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
    2. How long will be until this I-140 gets approved? Anyone who did this lately?
    3. I�m filling I-140 together with I-485. It matters, time PP wise?
    4. Is there another�next step� towards the GC or just wait for those to be approved?
    5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
    I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.

    I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.

    Thank you guys for your attention and thanks IV for the good work done so far.
    :)





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  • IV2007
    06-25 12:06 PM
    Guys,

    My wife is on first time H1. She got her H4 converted to H1 in Jan '07. I am applying for 485 and she's secondary applicant on my file.

    What are the pros & cons of travelling to India in 3rd week of Aug 07, assuming we will get the reciept by then (EB2) ?

    We have planned for H1 stamping back in India while she's on vacation.

    here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??

    Any Suggestions or gyan on this !!!

    -shree



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  • nandakumar
    05-26 12:58 AM
    QGA and its staff should be really appreciated as they had understood our situation and came forward to help us with out we having solid financial background and limited numerical strength.

    We all should thank the staffs of various Senators office, who had conveyed our phone calls and fax to the respective senators with out putting any politics into it because none of us are voters.

    More over special thanks to the staffs of the Senators who had worked closely with IV and agreed to bring and vote on the immigration bill that incorporates the goals of IV.





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  • Leo07
    12-03 04:44 PM
    DREAM ACT is very much a moral issue. Doing the right thing for innocent kids, who had no say in their fate until this date. All must support DREAM with heart & soul.

    While doing "Right" thing, we must be very careful to NOT penalize the people who are legally standing in line. These Legal immigrants and their kids who had already waited 10 years in line could become illegal any day.These kids who are here legally will need another DREAM act 2 or 3 years from now. ONLY RECAPTURE can save the "Right" thing from being the true Right or justice for ALL.

    Why do we need Recapture more than DREAM ACT or with DREAM ACT?

    What makes recapture an important issue as mush as DREAM ACT issue?

    Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.

    I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?



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  • xbohdpukc
    08-26 08:58 PM
    im really concerned about getting a GC more than using my MBA. Im already a Director of Software Development for my company so there no more career change that i need !

    then just sit tight and wait. and keep your money from those crooked "educators"





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  • H1B-GC
    06-25 09:54 AM
    This is not correct.

    Managing the business comes under employment authorization whether or not salary is drawn by the owner.



    _________________
    Not a legal advice.

    D...3933,

    A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?

    Below are the links that might be of interest. a discussion is going on i other immigration forum.

    FAQs Regarding Report of Foreign Bank and Financial Accounts (FBAR) - Filing Requirements (http://www.irs.gov/businesses/small/article/0,,id=210244,00.html)

    US Taxes on NRE accounts in India (http://www.r2iclubforums.com/forums/showthread.php/12601-US-Taxes-on-NRE-accounts-in-India)

    Thanks for your thoughts on this!!



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  • chanduv23
    03-26 06:39 AM
    My information is 12 years old, but something you might want to check into. Back then Emirates would put you up in a downtown hotel if you wanted to break your journey. And you didn't have to get a Dubai visa if you were staying less than 24 hours.

    We took a transit visa for a 10 hour break once while flying from JFK to Chennai. Emirates arranges for one, if you pay like $20 or so, all we did was to spend time at the gold shopping place (wallet got lighter offcourse) and got back to the airport in couple of hours. We would want to go again and probably take a longer break and stay over - the shopping is awsome, Dubai is scenic, especially the Jumairah palm and those areas.





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  • eager_immi
    02-12 11:09 PM
    there is no such thing as premium processing of h4 unless filed with h1b



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  • LostInGCProcess
    03-02 06:14 PM
    Any one who had been through this process , can you please PM me or post attorney reference who is based in NJ .

    i greatly appreciate your responses.

    Could you PM me the name of the company that is causing so much trouble to you? That way I can be alert and also let my friends know not to join should they come across that company.

    I am sorry, I don't know any attorneys that deal with civil cases like non-compete.

    Thanks.





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  • ssnd03
    03-04 02:57 PM
    Finally some sanity on FBI Namecheck from the DHS head honcho Michael Chertoff. He is now saying things which everybody has been screaming for the last three four years. I have highlighted those. But it does take that long for wheels to turn even in the most liberal democracy.



    Question: Mr. Secretary, you had, at the very beginning, laid out some great progress that's been made in terms of preventing bad people from getting in. And part of the Homeland Security mission, which is a challenging one, is that while you are responsible for protecting against bad things, you're also responsible for facilitating good things. And be that the flow of people, in this case, USCIS is responsible for that for the department. They've begun a $3.5 billion transformation. And I'm hoping you could speak to that in two ways. What's your concept of success in that, in terms of the national security part of it, the operational excellence part of it, and customer service part of it?



    Secretary Chertoff: Three -- two main things. One is, we have to move from a paper-based system to a totally electronically-based system. We still have too much paper, and it's hard to track, it's hard to manage, and it takes a lot of time.



    The second piece is, I want to rebuild -- re-engineer the system in a couple of ways. One is, and the most urgent, is to deal with the background check problem. It just takes way too long for the Bureau to complete background checks for a small but a significant number of people. The majority of people -- you know, if the name doesn't pop up on anything in the -- it's pretty quick. But for a small number -- but still significant, and certainly to the individual, significant -- if their name crops up and it's an older case, and it's in a file somewhere, someone has got to hunt it down. And to be perfectly honest, that is not a top priority job for an agent, is to go through an old paper record sitting in a warehouse.



    Looking forward as we go electronically, and as the Bureau goes electronically, that problem will diminish. But looking backwards we have to re-engineer the system to be a little tougher. And one of the things we did, for example, with the green cards was we said, for background checks that took longer than six months, we would give you a green card, and then if it turned out the background check later revealed a problem, we would take the green card away.



    Now why did we do that -- because I got criticized, �Oh, you're sacrificing national security.� Here's why. First of all, if you haven't been -- if it's going to take longer than six months, it's clear that you're not on a Terrorist Watch List, you haven't been convicted of a crime, you haven't been indicted for a crime. In other words, most of the major things you would worry about -- it's a very easy thing to determine whether you've had a problem or not. What you're not going to get in that six months is the guy whose name came up in a file somewhere. And the vast majority of those are benign mentions.



    Secondly, you're here. If you're going to do something bad, you're still here legally. The green card -- it's not like we're bringing you in from overseas. So if you think about it logically, the risk of giving you the green card with the understanding that it can be pulled away if something turns up, it's a minimal risk. It's a minimal, marginal risk. Whereas the customer service value of giving someone the green card is high. That's an example of trying to be more cost-benefit in the system.

    See
    http://www.aila.org/content/default.aspx?docid=24818





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  • Desi Unlucky
    09-22 06:37 AM
    I'm pledging that i would get two more members added in a week's time. Would like to see that all the other 5990 members take a similar pledge. There were 3 threads started in the last couple of days "Welcome to new members", "Immigration voice needs your help", "Goal: Bring atleast one new member". I observed that the last posted thread shows up as the first hyperlink on the right side when someone logs into iv.org and was dreaming that either of the above mentioneed threads will be the most active threads. But soon realised and sadened that it is not the case. The current energy levels of the members (but for a handful) are not really encouraging.

    If each one of us are not able to get another member not registered, then i doubt if we could convince the law makers and the govt to make changes to alleviate our misery.

    One thing is for sure it has not been easy getting new members registered. I sent an email to 10 of my friends who are in the same boat as me asking them just to register. Here are the statistics.

    2/10 got registered after reading my mail.
    4/10 got registered after me making phone calls, explaining things, asking them few questions such as do you know what is CIR, do you know u can retain your PD after I140, do you know abt cross chargeabilty, do you know that a group of 4 people started this and now it's 6000...........
    At the end of the conversation they seemed interested in registering and got registered.

    Working on the remaining 4.

    Bottom line it definitely involves some effort. Just do not leave it after sending an email. And also do not limit yourself to getting 1 member, get as many as you can.

    Core group if you endorse this goal then we can make a quick reality check abt our (all the 5990 members) will and resolve and see where we are. (i'm sure u will as this is in line with your current objectives, i'm specifically asking abt the time frame whether it should be a week or 10 days or.....)

    Keep the pledges and registrations coming !!!!!!!





    pal351
    11-21 05:41 PM
    Please share your experiences.


    Thanks.





    immi_enthu
    12-28 04:39 PM
    Why did u give a negative marking for that?

    just for the record. I did NOT give you any marking. why do you assume things and make assertions based on those assumptions ?



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