Sunday, June 26, 2011

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  • hpandey
    06-12 04:23 PM
    IV friends ,
    Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.

    Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.

    My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.

    Any Idea on that
    I have already submitted my driving license to my lawyer.
    Please Let me know because I was couting on that I will get 3 year extension this time :(

    What if someone doesn't drive at all !! Does that mean they won't get an H1b visa or extension. It is simply not true I think.




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  • americandesi
    06-26 01:23 AM
    So did you buy home theatre after filing 485 or before? Btw, I dont believe there is any relationship to income wrt visa status.

    Exactly! I was trying to make sense to Mr. Arunmohan, who feels that without GC, he cannot spend/invest his money on a 57-60 inch LCD TV.

    To answer your question, I purchased the Home theater after filing my I-485, which in no way influenced my decision.




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  • lahiribaba
    02-11 02:41 AM
    Hi,
    I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.

    Here is my story:

    I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.

    I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?

    Thank you very much for taking time to read this.

    You come from a society that practices dowry and expect monetary traansactions in arranged marraiges ...you reap what you sow.




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  • Kodi
    06-04 02:03 PM
    Even under PERM, Atlanta office is backed up. They're still evaluating February applicants its not moving at all. I know its not bad compared to BEC but for some its still bad.



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  • karan2004m
    01-05 10:59 PM
    If you understand this from his words then i can judge your IQ level.

    Ok now coming back to your statement. I just didnt say IIT but also REC's. REC stands for Regional Engineering Colleges (there are plenty in India) and that is not a payment seat. Education level is well maintained and by entrance examination standard, its far above GRE level. Argue me on this. I have no problems with America or any American, infact I feel America is a great first world nation and I love being working/living here.
    But this doesn't mean I will say any bulllshit & non-fact thing about my motherland.

    Also Gayatri one last thing or FACT in your words i tell you. The people(few Non Resident Indians, 2% i must say) like we have seen talk so much negative about their own country, but whenever they are in trouble in foreign countries, they look for immediate help from Indian Government. It is made as a big issue in India that NRI's in trouble, prime minister should come forward and help.

    Anyways enjoy and good luck for your green card.

    So are you judging all of India's education by the IIT's? I didn't graduate from IIT and so didn't 99.9% of Indian IT people.

    I can tell you for a fact that Universities in America are much better than those in India. This is why I came here and I went to an average university here which I could afford.

    What Professor-ji said in the video was that Indians were successful DESPITE the poor education they received in India. India is becoming a world superpower in research and development DESPITE this. I believe this is true. Indians know how to compete and will be world leaders because they work hard and think smart.

    Lets not fool ourselves at least!! We need to learn to accept the truth.




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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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  • Suva
    07-18 03:19 PM
    Notice date is different from Receipt date. If your file is delivered on July 2nd then you would get a receipt date of July 2nd even if your information is entered into the system 2 months after the receipt date.

    I am confused about receipt date?

    Notice date is when the receipt notice is generated- That's simple

    Is receipt date the date when they do data entry into the system or is it the date when they receive the package even though they may do data entry a month later?

    In other words people who filed there application on July 2nd,3rd etc ... and lets say USCIS takes 2 months to receipt those cases.. then after 2 months when the notice is generated won't it have a July 2nd receipt date? for July 2 filers?




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  • ndny
    07-14 05:17 PM
    Done!
    $11.00
    BoA C# 7YBHX-VPQKG
    Don't ask me the reason why $11 ? Let me clarify; the amount of $11, $21, $51 ..etc...are called lucky amounts...



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  • ashutrip
    06-16 11:16 AM
    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)

    I just did it yesterday...it Sucks....when dates are current labor is freaking stuck.....when labor will be clewared......dates may retrogress....SUCKS....
    I hope the dates are current for some 2-3 months.




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  • user2005
    01-05 05:26 PM
    It tracks the statuses of around 1800 people....

    http://www.immigrationportal.com/showthread.php?p=1392408#post1392408

    This seems to be very extensive tracker. Based on this data, we can make a close analysis of Philadelphia BPC.

    In RIR queue, they are currently certifying applications with PD of Sep 2004. We can find some cases with PD later than Sep 04 with status Certified. Those are either lucky ones or those who already reached from SWA to DOL before ended up in BPC. We can find many cases with PD earlier than Sep 04 with status Letter Received. I do not have strong explanation. Those could be either pending in data review or ones who did not care to update their tracking info after being certified or unlucky ones :confused:

    In Regular (TR) queue, they are still certifying ones that came from DOL.:mad:



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  • TexDBoy
    06-10 12:58 PM
    USCIS to Issue Two-Year EAD for I-485 Waiters at End of June 2008
    The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing two-year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
    Announcement: "I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card. Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year. This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there."

    Tank you so much for the news ....




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  • immm
    07-18 06:13 PM
    Now we can take the thread back to the original issue Order Of I-485 Processing.

    Back to the original thread

    With this July VB fiasco, thousands of people with the recent priority dates will be able to apply alongside the applicants with much older priority dates and depending on how the USCIS issues the receipt notices or how fast their lawyers can file, some with older priority dates will fall behind in terms of receiving the receipt dates.
    Note: Even a few days' difference in receipt dates could matter due to the quota when thousands apply in the same month

    So the question on the table is:

    How would USCIS process the cases now that many recent priority date filers were able to beat (sarcasm:thanks to DOS and USCIS!) the older priority date filers in getting the receipt notices?

    .



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  • black_logs
    01-06 02:31 PM
    I thought they were doing jun'2002. If things goes this way. We're day dreaming of Green Card




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  • shankar_thanu
    07-18 12:49 PM
    after going through some of the posts, i understand that there were earlier attempts to add SKIL amendments to other bills but it didnt fly..

    Was there similar attempts to add provisions to 'capture unused numbers' and 'not include dependents for visa number count' to other bills before? Are these much more difficult to get done? Just want to know the history of these issues in the legislature...



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  • qplearn
    12-18 04:35 PM
    qplearn that was a good one. !!!!!!:)

    For the benefit of non-Indian members of our group. "-giri" is the slang for "-ism" in hindi(one of India's many languages.) So Gandhism translates to Gandhigiri....

    LOL I should have guessed that. My Hindi is getting rusty :(




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  • sagis99
    08-08 11:06 AM
    Lets all try to send this letter. I'm working with my HR to get this 7001 out - As Pappu said there should not be any reason why HR wont sign that form.

    What's going on at NSC or TSC is Shame.... Peoples who applied in AUG-SEP 07 has got 140 approved at NSC where as folks back in APR-JUNE 07 is stuck and more over NSC claims that they are processing MAR 22 07 for last 5 months.

    This deserves attention - I'm trying to ratchet up some pressure via Congressman and Senator's office but they are very busy these days with Presidential election , so i'm not getting the kind of help that they generally do.

    It's always nice to get some kind response like this. thanks.



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  • jungalee43
    03-05 10:05 PM
    My application was cleared before the BEC were started.

    My PD is March-2003 and I didn't get the labor cleared till Late 2006

    I just can't help wondering how did you get your labor in 2004 with the PD of May-2003? How come snake of BEC didn't bite you? :)




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  • abhishek101
    09-08 11:38 AM
    Similar law exists in UK if you are on workpermit for 5 years you automatically get Permanent residency.




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  • eeezzz
    07-11 12:24 PM
    07 case is different. we can't infer much from that. I hope DOS has some insight into the no of pending cases when the move dates like this. I am sure there will be language in the actual bulletin that saves them from flak when the move dates back. The primary aim is to utilize the visa nos. But with all the information available to them the movement should be proportional to the nos available from spillover and etc.,
    I don't see what is really different. I am not talking about July 2007. I am talking about May or June bulletin 2007. Do you mean the bulletin on May or June 2007 is to utilize the visa so the dates are not the "real" date? Then how do you know Aug. 2008 move is not for the same purpose? Especially if this movement is caused by spillover.




    mbawa2574
    07-06 02:18 AM
    Why does the line on top of this page say

    ****
    Goal amount for this month: 10000 USD, Received: 0 USD (0%)
    ****

    I guess, last month is about $2500, and previous month is less than $2K.

    Any plans in your mind how to get every member pay $1 every month?

    Let's focus on stratergy and plan. People will pay if they see viablity. Let's do something and funding will follow




    gangster
    07-18 01:44 PM
    Contributed $100 and will sign up for monthly contrbution.


    Thanks again IV and all members.



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