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  • davehoover
    06-27 08:36 AM
    what is the Alien Registration Number (A#) for a person on H4, while submitting 485 forms?.

    Should we use the Alien Registration Number (A#) of the Sponcering applicant as the Alien Registration Number of the spouse in all the 485 related forms(g325a, I485 etc) ?





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  • sdrblr
    09-09 10:21 AM
    I had the similar mail "Welcome" and no CPO email or status. I got the "Official" welcome letter:D yesterday. The letter said welcome and card will be sent with in 3 weeks. I know couple of guys who go the card in a week. Waiting for the card today :)





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  • pappu
    06-08 12:17 PM
    Lets discuss Post-CIR on one thread only.
    http://immigrationvoice.org/forum/showthread.php?t=4917





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  • Blog Feeds
    05-22 01:10 PM
    Last week we became members of Global Alliance of Hospitality Attorneys (http://www.hospitalitylawyer.com/index.php?id=47), this will allow us to serve our clients even better and offer solution to the ever changing global workforce that the hospitality industry is facing.

    Whether transferring employees between international properties or employing management trainees, immigration is an integral part of the hospitality industry. The top seven visa types utilized by the hospitality industry are the J-1, H-3,H2B, L-1,E2, TN and H-1B. The following is a brief outline of each of these visa types:

    E2 Visa (http://www.h1b.biz/lawyer-attorney-1137174.html)

    This is also known as the nonimmigrant investor visa. It is a temporary category that is granted in two-year to five year increments with no limits on the number of extensions. In comparison, the H-2B is limited to 10 months with 3 extensions. The E-2 category is available to citizens of countries that have a treaty of trade or commerce with the U.S. such as the Holland, France and the UK The State Department does not require any specific size investment. Rather it says the business owner must invest a "substantial amount of capital" that generates "more than enough income to provide a minimal living for the treaty investor and his or her family.".

    An E-2 allows European nationals to manage investments that are at least 50% Euro owned. The visa requires that the U.S. investment be substantial and generates a substantial income. While there are no hard and fast figures on what the minimum investment amount is, the USCIS generally require a business investment of $150,000 or more, but the investment amount depends on the nature of the business. For example, opening up a restaurant in downtown San Diego would require 500,000 dollars while opening up a Catering business firm may only require start up costs of $70,000. This is why there is no fixed figure on a minimum investment amount.

    The E-2 investor must show that its return on investment is more than what is necessary to merely support the investor in the U.S. Another example illustrates how this works. An E-2 investor wishes to establish a French Bakery and will invest $35,000 to buy the equipment. He expects the Bakery to generate $60,000 in gross sales. This business would probably not qualify because the gross income generated would not be substantial. The Bakery would only generate enough money to support the investor.

    H2B Visa (http://www.h1b.biz/lawyer-attorney-1137785.html)

    Temporary nonimmigrant classifications that allow noncitizens to come to the United States to perform temporary or seasonal work that is nonagricultural (such as hospitality or resort work) if persons capable of performing such a service or labor cannot be found in this country. Up to 66,000 new visas are available each year in this category. The number has been reached increasingly earlier every year. In Fiscal Year 2007, the first half of the cap was reached 3 days before the year began and the second half was met 4 months before the period began. From March of 2005 through September of 2007, returning workers were exempt from counting toward that cap due to the lack of temporary workers. Congress is considering renewing this popular policy.

    Employer's need must be temporary: Visas are only authorized if the employer can demonstrate a "temporary" need, that is, less than one year, and that the need is either a "one-time occurrence," a "seasonal need," a "peakload need" or an "intermittent need." The employer cannot use this category for permanent and long-term labor needs.

    Employee's intent must be temporary: The nonimmigrant worker must intend to return to his or her country upon expiration of his or her authorized stay. The worker may be required to prove ties to his or her home country.

    J1 Visa

    For seasonal/temporary employment, there is the J-1 Summer Work/Travel Program, which allows foreign college or university students to work in the U.S. during their summer vacation.

    This type of J-1 classification is valid for four months and allows the students to assist
    companies in meeting current labor demands. In addition, the biggest benefit to this type of J-1 classification is that the foreign students can do any type of work for the company. It is not necessary for the work to be related to the student�s degree.

    The Management Trainee J-1 visa classification is another viable option and is valid for twelve to eighteen months and considered relatively easy to obtain. The potential trainees must possess a post-secondary degree or professional certificate and one year of work experience in their occupational field from outside the U.S. Five years of work experience in their occupational field can also be used in place of the post-secondary degree or professional certificate.

    H3 Visa

    The H3 has become a popular option for many of our Hotel clients and we use it for certain trainees that need advanced training that is NOT available in their home countries.

    An application for an H-3 visa requires the prior filing with a BCIS service center of a petition by the foreign national�s prospective trainer on Form I-129 with an H Supplement, a training program including the names of the prospective trainees, and the proper filing fee. The petition may be filed for multiple trainees so long as they will be receiving the same training for the same period of time at the same location. Additionally, the petition must indicate the source of any remuneration received by the trainee and any benefits that will accrue to the petitioning organization for providing the training. The trainee must demonstrate nonimmigrant intent by having an unabandoned residence in a foreign country. There are no numerical limits on the number of H-3 petitions issued each year. H-3 visas are not based on college education.

    Upon approval of the petition, an I-797 Notice of Action of approval is issued by the service center. The foreign national submits the I-797 approval notice to an American consulate abroad with Form DS-156 and, if necessary, the DS-157 and other forms required by the consulate to obtain an H-3 visa stamp. A foreign national in the United States may apply for change of status to H-3.

    TN Visa

    NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.

    The Conditions for Professionals from Mexico and Canada to Work in the United States

    * Applicant should be a citizen of Canada or Mexico;
    * Profession must be on the NAFTA list; - Hotel Manager is a NAFTA category
    * Position in the U.S. requires a NAFTA professional;
    * Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
    * Professional Canadian or Mexican citizen has the qualifications of the profession

    Requirements for Canadian Citizens

    Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder.

    L1 Visa

    L-1 category is meant for aliens coming to the United States on temporary assignment for the same or an affiliated employer for which the alien worked abroad for at least one year within the proceeding three years. Many large hotel chanins have takes advantage of this visa to bring top executives to the US locations or workers with specialized skills. The alien must be employed in a managerial or executive capacity (L-1A) or one involving specialized knowledge (L-1B). There is no annual limit on the number issued.

    The family members of L-1 alien can come to the U.S. under L-2 category. However, they cannot engage in employment in the United States unless they change the status to a nonimmigrant category for which employment is allowed.

    Requirements

    A U.S. employer or foreign employer (must have a legal business in the U.S.) seeking to transfer a qualifying employee of the same organization must file petition with USCIS.

    H1B visa

    Aliens coming to the United States to perform services in a specialty occupation or as a fashion model of distinguished merit and ability are classified under H-1B category.

    A maximum of 65,000 H-1B visas are issued every year. The H-1B visa is issued for up to three years but may be extended for another three years. Individuals cannot apply for an H-1B visa to allow them to work in the US. The employer must petition for entry of the employee.

    Specialty occupation is defined as an occupation, which requires:

    * Theoretical and practical application of a body of highly specialized knowledge, and
    * Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry

    A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.

    We have processed H1B visas for Front Desk managers, food service managers, Chefs, Public Relations specialists, and Lodging Managers as well as other specialized positions.

    The above referenced visas will allow Hotels, Resorts and Restaurants to hire any type of workers needed to support their operations in the US. Hotels often face shortage in skilled labor, a careful usage of the above 7 visas will ensure constant flow of workers. Through our membership in the Global Alliance of Hospitality Attorneys, we will continue to offer our clients superior service.







    More... (http://www.visalawyerblog.com/2010/05/hospitality_immigration_lawyer_2.html)



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  • msyedy
    02-05 01:30 PM
    Hi,
    I am a doctor from India and came to US on B1/B2 visa. I have cleared my Step1 and step2 USMLE and preparing for CS Exam. I am looking for a observership or externship oppertunity.

    I applied and called a lot of places but no luck because of my visa situation. Please let me know if anyone here knows of any hospitals offering observerships for IMGs.

    Thanks

    There is a hospital in Brooklyn New York where one of my friend was given H1-B and he is doing his residency from there. I will let you know.





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  • doubleyou
    05-19 04:39 PM
    Pappu,
    1)do you know what is the difference between the name check and background check., or is it the same thing.
    2) Will getting the congressional office to follow up raise any red flag?
    3) What other options to follow up, SR, multiple time, first waiting for IO, then extended check-6 months, now background check.
    4)Does having two I140 mean anything in the delay



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  • sin94
    06-30 06:16 PM
    I had an appointment on the 9th but have not received any cancellation notice yet. I am in NJ and would request if people can mention for which USCIS location were the fingerprinting appointments for?

    This would be my 2nd fingerprinting appointment. The first one in 07 costed us money and messed up my vacation when our laywers said not to miss it.

    Its not like I grown new fingers already!





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  • FinalGC
    05-01 11:05 AM
    singhsa3:

    You are missing one important point......You are trying to move the way state and federal govt works. State govt work environment is very similar to Indian or Chinese Govt....Logic and ethusiasm to change is missing here....

    You have to work for State Govt to know this fact. The only way you can get them to do stuff, is being at a Director level job in the USCIS or perhaps lobbying with Congressmen. They only understand laws and policies.

    Anyway I do not want to discourage you......Keep up the enthusiam dude!!!

    What you may want to do is, write to the NEW Director, with your proposal and also send a copy to all the senators who have recently proposed new EB related immigration bills. This might make an impact...



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  • jthomas
    12-04 08:41 PM
    If my wife is a US Green card holder and i am in H1B and if we both file for candian green card and move to canada for a week for stamping. Would it create a problem on US citizenship for my wife.

    the third rule on the first thread.





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  • ARUNRAMANATHAN
    10-24 02:47 PM
    Yes you can, but you need to go thru the labor and i-140 once again.... Yes you can use the PD from EB3 to EB2 .. But do check what kind of proof you need to do so ......

    Good Luck !



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  • wandmaker
    10-29 12:43 PM
    If a person on H4 applies for EAD, does it mean his/her H4 is no longer active. And now, he needs to carry AP while traveling?


    Please help...

    Applying for EAD does not invalidate your H4 status. If you travel outside USA without AP and you don't have a valid H4 stamp on your passport, It is considered abandoning your AOS. Hope this helps.





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  • Jerrome
    07-09 11:56 AM
    How are you saying you will not get it before september 10? I am not sure is it really taking beyond 2 months nowadays to get the EAD?



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  • jsb
    10-25 03:53 PM
    I agree with you....You should be able to file the G28 form to get someone else to be yr representative 2 or 4
    ..

    My understanding is that you need to send a Cancel G-28 notice (as a simple letter, or using a G-28 form) to USCIS. Your current attorney does not have to do anything. You hired your attorney, so you can drop him/her anytime and advise USCIS.





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  • sharadara
    09-01 12:05 AM
    Hi,
    Hoping to get your opinion on my situation.
    I am an Indian citizen, working in the US on an H1B, moving to Spain on a resident visa. My current US employer wants me to continue working from Spain. However, my Spanish visa doesn't permit me to work for a Spanish company, and my US employer doesn't have an office in Spain so they can't apply for a work permit for me. They do have Indian offices, though.
    What are my options here? Some of the avenues I am exploring:
    a. The company's Indian offices hire me as an external consultant and pay my Indian bank account. I declare my income in India and pay taxes in India, even though I reside in Spain.
    b. The company (US or India) hires me as a Spanish consultant and pay me in Spain.
    c. Any other opinion

    I would greatly appreciate your opinion on my situation, or any references you can give me that I can discuss this with.
    Thanks very much for your help.
    - Sharada



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  • glus
    10-21 08:32 PM
    All,
    I submitted my first application on July 2nd. since I did not get receipt notice till Aug 16th so I filled the second (as back up) one on Aug 16th. Later I did get my receipt notices for July 2nd.
    Though, I did put stop payment on the checks for the appliaction filled on Aug 16th but yesterday, I received their receipt notices.
    Now, I have two A#s one for July 2nd applications and another one for Aug 16th appliaction.
    I was planning to just sit on it and do not respond to finger printing notice or any communciation from USCIS for Aug 16th application and hence causing it to get rejected.
    The reason I do not want to communicate with USCIS is that I don't want any confusion and hence anything happen to my July 2nd application.
    Is it a right strategy? Please comment.

    OK, everyone knows that double I485 was not a good idea. However, many people had done it and I was one who was thinking of it, but did not do it. As per my attorney's advise, stopping a check issued to a governmental entity is not legal. On these grounds, I decided not to file 2nd time.

    I guess the best way would be to withdraw the second petition. One can do that by writing a letter stating the reason for withdrawal and sending it to the appropriate service center (with tracking number.) Of course, the reason should be true, "Due to the July Visa Bulletin fiasco and indications that my first I485 could have been lost, I sent out a second application which is should not be considered anymore," or something like that. Withdrawal of the second I485 would, most likely, be the safest way to go about it.

    Regards,





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  • ivjobs
    11-09 01:48 PM
    Just to keep the ideas about entrepreneurship and the group activity floating at a central place, a file has been created in the group. Any one who feels their ideas, thoughts and proposals are worth and benefit the VI entrepreneur community, please add them below. The team will review them frequently and try to implement as many as feasible in the best interests of the IV and the group.

    Compilation of some of the ideas/thoughts already proposed by the entrepreneurship group members:

    1. Create a Charter which describes our activities,what we want to do,
    roles, responsibilities, How to address issues and conflicts among
    members etc.

    2. Establish a core team/board who will report to a chair and is
    ultimately responsible for policies, actions etc.

    3.Identify and assign responsibility to individual members

    4.Clearly identify the chain of command (whose responsible for what
    and who does final decision)

    5. Also assign the charter/board to come up with a business plan, do
    investment analysis etc for the group.

    6. Chalk out any short term and long term initiatives such as
    attracting and retaining folks, managing day to day affairs, sharing
    the wealth of knowledge and profits.

    7. Should we register a ivstartup.org domain?
    its 9.99/yr at godaddy, so that we can move from an informal setup
    like yahoo groups to a more formal setup...with our own forum and
    all..

    8.Also to meet the cost...lets have a $1 as a yearly fee (or 50
    cent/month) or 10$ life long membership....that will cover the cost
    of hosting.

    9. Like the one proposed on IV about Housing Crisis and speedy green card approval for buying houses, why not we propose an agenda for speedy green card process for I 485 pending and aspiring/existing entrepreneurs?

    10. Create a shared repository for the all the startup related information specifically targeting IV audience.

    Please add in your thoughts to the above or visit

    http://finance.groups.yahoo.com/group/ivstartup/files/



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  • abhisam
    07-09 02:12 PM
    You cannot ask for an interim card by or before September 10th as you finish your 90 days of application only by September 23rd (and you might actually get your card by that time). What you should do if you don't receive your EAD by the mid of August is to take an infopass appointment and request them to speed up your process. Be genuinely sincere and explain your case. If you are lucky they might either issue you an interim card or might just get NSC to speed up your application.

    My take is you will receive your card by the end of August at the very least. So don't worry.

    Thank you! will pray that i get it by august or take the infopass appointment. Really appreciate all your help.





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  • lord_labaku
    09-16 09:54 PM
    Do you know whether the substituted LC was used by the original employee by using AC21. If that previous employee got their GC...then the subbed LC is void so 140 will be denied.

    This confusion w.r.t AC21 & labor sub was the very reason that LC sub was abolished.

    Good luck.





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  • ddeka
    07-09 12:35 PM
    You can take info pass and get an interim EAD





    johnnybhai
    03-19 10:09 AM
    For the folks (Ajju) who e-filed using a new SSN for their wives - and used the Paperless option: I understand that you have to put $0 for AGI, how about the PIN - should I (correctly) enter the PIN that was used for the 2006 filing OR does that have to change as well?
    I have e-filed using $0 and last year's PIN, waiting to see if that goes through. It's been rejected twice so far, since I was using non-zero AGI amount.

    Thanks!





    sen
    09-04 09:59 AM
    I have a question for you guys. My wife was pregnant when she took her medicals. So skin test was not performed on her. Do i need to wait for the RFE or is it possible to update USCIS with another I-693 with the TB test?