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Wednesday, June 15, 2011

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  • smisachu
    01-21 10:20 PM
    smisachu,
    Thanks for that Info, here is my requirement
    I am on H1B and plan to have my own company as a trader to trade stocks.
    I will be the owner and wish to draw profits, may not have employee in my company for now(please advice, if i need to)
    I need inputs to know what type of company should that be (LLC, S Corporation.. e.t.c.)?
    Is it advisable to have a GC holder/citizen as partner?
    What form of income should i withdraw(salary/profits/dividends/Interest..) How is the income considered when i file my taxes?
    I am not aware of anyone who can sponsor my H1 as a trader atleast for now, if i get the right opportunity, i am open for that
    Thanks again

    1. If you want to trade stocks only, with your own capital ,then set up a LLC or C corp. If you trade other people�s capital then maybe become a RIA.
    2. If you form a llc you become a employee of your own company (say managing director, CIO etc) and sponsor your own H1.
    3. You can have a fixed salary and a draw, which is what a typical trader gets. Draw is a percentage of the profits you generate by trading.
    4. You don�t need a gc/Citizen as a partner.
    5. The company/fund makes money by trading securities and the earnings are retained by the company, you draw salary and bonus.
    6. You file taxes as a regular employee would.
    7. You might be able to get H1 from a day trading firm, a day trading firm is not a market maker. They trade company capital and typically you have to post some risk capital based on which they will provide you leverage and provide you with equipment etc. You don�t get a salary, just a draw.

    But let me ask you something; I am not aware of your expertise in the markets so forgive me if I sound patronizing.
    1. Do you have a seven figure capital pool? You will need at least 1MM if you want to make a living trading.
    2. Are you aware of the equipment and ECN and direct access software needed assuming you are technical trader.
    3. Do you have a prime broker who is going to provide you leverage and settlement? If you have not decided consider Interactive Brokers.
    4. What kind of risk management software will you be using?

    If you are in the NY/Nj area I suggest try day trading at a firm posting risk capital (typically 10K) then decide if you want to do this full time. It will also help sharpen your skills. If you want I can recommend a few. They will not sponsor H1 though, you will have to have some consultant do that for you.





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  • ItIsNotFunny
    10-08 01:12 PM
    Friends,

    I did a quick search and did not find answer to this. Apologise if this is a repost.

    But a co-worker of mine wants to travel on AP. After coming back, he will join my company (right now he is a contractor) as a perm employee on H1. Is it possible and allowed? Can he transfer H1 after using AP?

    Our company attorney confirmed that his H1B will remain valid even after using AP. But she is not sure about transfer. I will post her reply once she gets back to him. But in meantime, if anyone has any idea about this, please share.


    Thats correct. Once you use AP, you loose H1 status and your status is "Adjustment of Status".





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  • pthoko
    06-19 12:45 AM
    IMG is very good but they dont cover pre existing conditionsl.

    Hi,
    What do you mean by IMG is very good?? Could you please elaborate??

    Thanks





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  • gcisadawg
    04-09 11:58 AM
    My wife couldn't do TB test since she was pregnant when we filed I-485 in Aug 2007. Now she is in India and be back only in the first week of June. If we receive an RFE for her TB test ( my PD is EB3-I Oct 2003), can we request an extension for RFE? Is that possible?

    -GCisaDawg

    My fear came true today. USCIS issued a RFE for my wife's I-485 TB test and she is in India right now. RFE has May 6th deadline and she would be back on June 3rd.

    What are our options?

    Request an extension for RFE?
    Pre-pone her trip? (this would be really a costly option for us...since we have so much planned around that date)
    Do TB test in USCIS approved surgeons in india (If there is any)

    Thanks,
    GCisaDawg



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  • vinoddas
    07-11 08:08 PM
    BTW, if you guys use Facebook, I created an event on Facebook as well:

    http://www.facebook.com/event.php?eid=2411444328





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  • B3NKobe
    05-30 11:29 PM
    OOps my bad.... i read it as June for some reason. Still dont know if i want to do this or not.
    lol, I as going to say!!



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  • jetflyer
    06-13 10:05 AM
    They can move the Dates in both Categories while giving preference to EB1 and EB2 first.


    You are purely thinking about your perspective and neglecting the purpose of GC for the country.
    To qualify in EB1/Eb2/EB3 depends on some factors:

    EB1: Extra ordinary candidate, may or may not be represented by employer
    EB2: Senior Level: Job duties have to justify need for advance degree candidate (or BS + 5yrs exp) and then candidate must qualify too
    EB3: 16 years of education (ideally) with degree in related field (lets talk IT for now)

    Now current status and its cause:

    EB1: - No jumping, no gaming system : Hence NO DELAYS

    EB2: - Good chunk with genuine apps, some gaming system where applicant qualify but not the job, some gaming system and taking very high risk by showing BS +5 yrs (they actually don't have +5 factor), other jumping the category (legally :D) but taking very high risk for RFE

    Result: Got retrogressed

    EB3: Good chunk with genuine apps, some unfortunate ppl who do qualify but job doesn't support experience or higher pay, lot of gaming system with BS (3yr) in non Computer/IT and showing 1yr certifications etc, and everybody who does not qualify for EB1/EB2, lot of nurses (I heard someone said nurses in back)
    Result: Severely retrogressed with no hopes in horizon

    Now lets look at market demand ( we know supply of apps is pretty darn good)
    EB 1: Very very high : general pay range starts from $250k+ and goes up to $400k for fresher (PHDs) and in upper $150k for Int'l Managers

    EB 2:: High, general pay starts high $80k and goes somewhere $140k+,

    EB 3:: good, starts from upper $40k and goes somewhere $65-70k, (lots of job and lots of applicant)

    Now lets take a look at Supply of Apps (Assumption 1M apps already in system):
    EB1: say 50K (5%) - (fast processing - Express lane)
    EB2: may be 200K (20%) - (sounds good on paper but in realty slow but moving)
    EB3: everything else (75%) (OMG :eek: stampede : frustration with no visible progress)

    Now lets checkout preference:
    Preference from perspective of country, what benefits country the most:

    EB1: ohh : lets get them in ASAP
    EB2: yes yes we welcome you please come in (after some long wait)
    EB3: OMG its flood of ppl, use extra strong flood gate and keep them out as long as possible, and let them in with very low rate


    Now This:
    Like everything in the world, the fewer the qty the hotter the product,
    the abundance kills the market, applies perfectly with EB2, in 2000-2001 it used to take 12-24 months and you have GC in hand, and now .. may be by my kids turns 16yrs, and EB3: 2000-2001 use to take about 3 yrs and but right then we started getting flood, and thanks to 200K H1bs in 2001-2.

    End of the day EB1/EB2/EB3 all are immigrant and are victim of broken system (I’m sure EB1 disagree here with me because they enjoy express lanes), it need fix but is it high priority for law makers or we just think it is?
    how desperate we are to provide help? or we are just good at reading/writing here and using IV and other forums for venting out? ask yourself

    The list goes on and my analysis goes on, but these are just my thoughts thinking out loud,
    and trying to think for a solution.... Next thought -> Solution, I will post in coming days





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  • WeShallOvercome
    11-06 01:25 PM
    Actually, not all he said was wrong.
    We should not support what these IT consulting companies are doing with H1B programme just because we are on H1. These big companies are hoarding H1B visas so they can have an upperhand when dealing with the employees.

    My own employer was trying to get as many H1s as possible without having ANY work for them. They sent us all a few emails asking us if we had any family or friends back home who want to come to US on H1. These guys make the H1 applicants pay for the application expenses, then just keep them there or get them here and keep them on bench and almost everybody here is familiar with what happens next.

    Think from an American's point of view.. It is THEIR country, THEY make the laws that benefit their society and economy.. they have all the right to stand up against these practices by foreign based companies..

    I like his statement "H1B is supposed to be used when there IS a job but no American to do it" What these Consulting companies have turned it into is "There is a person on H1B avaliable If and when there is a job to do" OR worse "There is an H1B holder available, on bench, but no job to do"

    I totally support reform in the H1 process with a target to reduce fraud. That will ultimately benefit people like us who will come here on H1B in future.

    Please don't fire me for taking his side, I'm not. I'm in favour of market deciding what it needs, but I'm 100% against fraud, and all of know these so called consulting companies ARE indulging in fraud..



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  • desi3933
    08-19 03:38 PM
    Seriously, folks. What's with this thread? Total waste of time.

    Someone announces his 'greatest achievement' ... others challenge him to show true patriotism... yet others ask him to continue supporting India etc., AND this chap actually responds :)!

    Wow! Seriously we all have too much time on our hands to be self promoting / congratulating / reminiscing etc...

    Glad that this person will call US Senators etc., lets thank him for that and keep moving... instead of grilling him on things that matter to you! He owes you all no explanations or apologies.

    Peace!

    >> Welcome to the FIRST Indian who is a US Citizen
    Not sure what you mean here. :confused:

    >> He owes you all no explanations or apologies.
    Thanks and I appreciate that.





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  • B3NKobe
    05-30 11:29 PM
    OOps my bad.... i read it as June for some reason. Still dont know if i want to do this or not.
    lol, I as going to say!!



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  • Canadianindian
    07-15 09:52 PM
    Done





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  • jnraajan
    03-13 11:29 AM
    WaldenPond is too nice to answer your question. Personally, I wouldn't consider it obligatory to answer a specific question by someone who cannot volunteer due to "Personal Reason", whatever that may mean. If you cannot volunteer, cannot participate in IV's action items, cannot contribute, then you are most welcome to use IV's portal to get answers to your questions or get other kind of information - but do not expect updates from anyone as your right!

    IV is not a top-down organization and if you think that it is becoming like Immigration Portal then partially it is due to people like you who do not want to participate but just want 'updates'.

    I completely disagree with your message here. You dont even know what the personal reason for not participating in a state chapter is. I, for one, am unable to join a state chapter, because , the nearest chapter is 400 miles and 2 states away. What good would it do to me to join something that I can never be part of. I wanted to start a state chapter here in my place, but I couldnt find any useful resources on how to do it. May be eb3_nepa has some reasons like it.

    Like you said, IV is not a top-down organization, which means everyone is responsible for everyone. I dont see anything wrong with eb3_nepa's questions. He wanted to know what is going on. I am sure there are lots of people around here who has the same questions.

    The Admin Fixes letter campaign was a good initiative. But, the target date got moved twice, and now I dont even know when the end date is.

    May be IV should be a top-down organization. Any organization as big as IV would probably be better served with a Top Team. That team could probably elected by the community. I am confident, that most of our members wouldnt even mind spending a few extra bucks to pay a honarary amount to this team for their efforts and time. Then there will be more structure and accountability and action going on around here.

    I came to know about IV pretty late. When I did learn about IV and joined IV, I was a very enthusiastic participant. Of late, I do believe IV is fading away. I dont see so many activities going on around here. Like eb3_nepa and few others said, IV is right now becoming just another Immigration portal. It is starting to lose its identity.

    After doing all the hard work to gather a mass or like minded people, it will be shameful, if IV drifts away from its stated aim. So, may be it is time for every member, including core members like you to refect upon things and come up with ways to make this organization more transparent and more accessible for people like me.

    Like Waldenpond said, it is probably not wise to list all the items going on in the portal. The work around to that would be, we can add another membership type which is more restrictive. This membership group will have only members whose identities have been verified. Once this group is created, IV can post all the happenings accessible to them. This will help people like me who are unable to be part of any state chapter to know what is happening at IV. Keep our sprits high.

    Thank you



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  • desi485
    02-13 02:42 PM
    why immigration lawyers provides different anwers on this? I guess, still some confusion...

    is there any one on IV Community who used AP to travel and after coming back, successfully transferred the H1B visa to a new employer???

    Please share...!!!





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  • caliguy
    09-18 02:08 PM
    @ geesee

    Do you know if they have a record of everytime we talk to the CSRs?

    I have only been able to talk to an IO once, and I feel they definitely have more info than these CSRs who are sitting there like bots. To get to the IO, I basically had to tell them that I have not opened a SR so far (which was not true).

    When I tried calling yesterday, I told the CSR, that my attorney opened a SR on 1st September and if she could kindly transfer my call to a IO. She said she will not be able to transfer my call, as I had already opened a SR. When I told her that I already got a response for the SR, so I now need to open another SR, she said she cannot as it asked me to wait for 60 days. I requested her a couple times to please transfer me to a IO, she said, Sorry, cannot do it as you have already opened a SR.

    I am planning to call them next week again, will tell them I have not opened a SR yet. Atleast, I will then get to talk to a IO.....!!



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  • arsh007
    02-01 11:48 AM
    Looks like there is now an increasing awareness of how Desi Consulting companies are bringing in a bad name to the entire desi population in this country.

    Found this email from Google H-1B Group: from
    infoprovider_ 2 at yahoo dot com.

    Hi,
    I would like to inform you about the large scale fraud going in the
    technology world today in USA. I know of many small-mid sized IT
    consultancies in US, which are founded by Indians. They recruit people
    (1) with degrees from various fields, most of the candidates recruited
    don't ever have any experience in computers. They train them in some
    tools (2) and change the resume totally (3), someone who has knowledge
    relevant to the job takes the interview instead of the actual candidate
    and they get placed. Ironically, even though these jobs advertisements
    say that around 5 years of experience is required, usually someone with
    not so high aptitude and limited trainig in that parituclar tool (2)
    can manage to sustain in that position, this is very real, these jobs
    can be done that way. They manage to get jobs in the biggest of US
    companies (4).


    This consultancy fraud is know to almost every Indian working in the
    technology sector. The consultancies almost don't take any one other
    than from India and surronding countires like Bangladesh, Srilanka. 99%
    of those i have seen are from India and the remaining 1% from
    Bangladesh, Srilanka etc.

    How many are doing this?
    I believe there would be atleast a few thousands of consultancies.
    Wanna find them? SOme of them advertise in Indian content sites such as
    sulekha.com. Look at the right hand side of the page
    classifieds. sulekha.com

    Who is loosing due to this.
    If this jobs can be done by someone with no experience in that
    technology, can't these be done by those americans who have a better
    experience (say 2 years or even 1 year), these folks work sincerely and
    go with correct resumes get X dollars where as the fraudsters get 3X -
    5X dollars.

    I don't say that every one from India are doing this. But a significant
    many are doing this. I know around 30 people working in US in
    technology sector. Over 20 are working this way. I can confidently say
    hundreds of thousands are doing this today and each year at least 50000
    (from student pool, dependents pool, directly coming to the
    consultancies as H1b workers from India) are joining them. Also, I am
    talking about the small to mid sized (1- 1000 people) consultancies not
    the big Indian consultancies such as Infosys and TCS.

    Solution:
    A lot of things can be done. But the simple thing that's easy to
    implement by the americans and thus not impede their productivity by
    spending too much resources in verifying the authenticity is this
    Let the INS provide the details of the H1b holders to the companies
    when asked by the companies only (this is similar to letting others
    e.g., housing provider, know about one's credit history). So, with the
    applicants SSN the companies can see the basic information like when
    the applicant has got his H1b approved and the resume submitted by the
    applicant with his H1b application (usually not many applicants give a
    very wrong resume to the INS while applying for the H1b). This
    eliminates almost all the cases of fraudsters (since they can't come to
    US today, one or two years ago and say that I have been working here
    for 5 years). This is one simple solution, easy to implement.
    There are many othere solutions



    (1) Whom do they usually recruit

    Thousands of students come from India every year to pursue Masters
    degree. They come to pursue Master's in various fields, the fields in
    which they have done their bachelor's back in India. Only about a
    quarter of them manage to get jobs in the fields in which they have
    done their Master's as direct employees of the companies. The remaining
    join these consultancies as they can easily get jobs through the
    consultancies.

    Dependents, mostly those who come as spouses (coming as wives). They
    might have done some bachelors degree or Masters back in India in some
    field. Many of them not in computers. They don't have any experience
    there. They can easily be placed by the consultancies.

    SOme others pay these consultancies for sponsoring H1b visa. Typically
    the consultancies take the fee required for teh application and the
    lawyer fee (usually USD 2500-USD3000) . SOme of these cases are those
    with experience in IT in India. But significant number of the remaining
    are not experienced. Recently I have seen people who have been to other
    countries for their studies like Australia and Europe coming through
    the consultancies this way. Even most of these guys have no experience
    in IT, most experience in no field.



    (2) Which technologies they work in
    I have seen that the technologies they work in are in which the pay
    rates are high (because of lack of skillful people) like SAP,
    DataWarehousing tools. They also work in other fields like Testing etc.
    There are literally hundreds of thousands of jobs in these fields.

    (3) How much is the resume changed
    They change the resume totally. Every resume says the person has worked
    in US for over 4 years, doesn't matter if it is someone who came for
    masters to US an year or two years ago or someone who very recently
    came as a wife to someone.
    All most everyone's resumes have over 5 years experience where as in
    reality almost everyone don't have that much experience. If someone has
    that much experience they wouldn't go through these consultants who
    take a big fraction of the pay they get from the clients.

    Can't it be detected?
    No, in most cases its hard (expensive) for the recruiters (the clients)
    to find the authenticity of the resumes submitted. There is no proof
    that these resumes are authentic. Just in case some references are
    needed the consultancies give a dummy reference, and some phone number
    (they can ask some contacts, their acquiantainces working in some
    companies to take the call,if at all they feel that the client will
    find out from the phone number which company does this phone number
    belongs to, but most of the client companies don't go that far too, so
    a guy's mobile number who is working in the consultancy itself can be
    given as referencees contact number). It is hard to remember the voice
    by the interviewer after a few days of the intrview and usually these
    candidates join at least after a week after taking the interview (even
    if the candidate joins in 3 days, its hard to remember the voice as the
    interviewer usually interacts with many people (particularly they being
    in team lead or managerial positions)



    (4) I personally know people working in Microsoft, IBM, TEK systems,
    Cingular, Amazon, Accenture, Citigroup etc. This says such people are
    working in almost every technology company in USA
    So then, how is an American, like me, who spent tens of thousands of
    dollars to get thru 3 yrs. in a technical school that ended with a
    Bachelor degree in Science with Computer Information Systems, with
    honors, supposed to get a job in the IT community while these
    fraudulent (most likely illegal alien Indians) take the positions away
    from me? I worked my a$$ off studying hard, working hard, worked at
    the school, even took an extra course study in computer hardware
    configurations, and STILL, these IT companies DON'T want to even speak
    to me because they OUTSOURCE from these FRAUDS! How FAIR is
    that???!!!





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  • sri1309
    01-08 10:39 PM
    Thank you for posting this action item on other websites

    Pappu,
    Great job. Can you please make the below item, with better words an action item and have it on the top. I know you have hardwired it, but we want more attention to this. This is same like writing to all those folks who want to hear from us. I have voted in 10-15 questions.

    All,
    Please do this, register yourself, and search for "immigration". You will see 10-15 questions. Please vote for them. Please pass on the message to your friends. Obama wants to hear from us..
    http://change.gov/page/content/openf...17_private_url

    Its better not to create the same question again. Please do. This is our chance.. Let us be heard.



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  • desi485
    11-09 11:25 PM
    Thanks for the additional information. In case 1 - can the applicant still retain the priority date if s/he wants to start a new GC process? In other words, does 6 year expiration have any effect on retaining PD?

    From what I have gathered so far, it appears that it's a misconception that a lot of people have who feel it's safer to stay on H1. It doesn't sound like EAD is as bad as I had once initially thought..

    As far as I know, one retains the PD for life once I-140 is approved; unless CIS revokes I-140 due to fraud or min-interpretation. Otherwise PD is yours forever, across the category (eb-1, 2 or 3).





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  • ujjwal_p
    05-23 11:31 PM
    and the point you are trying to bring up is???

    i think he may want to be the ceo of iv.

    here are my 2 cents..

    its nice to talk endlessly about what went wrong and bitch about it till the morning. one thing we all need to realise is this : we are going to have failures. period. just like we have had failures in the past. this is not going to be easy where you win every single legislation. 10% hit rate is success enough given the opposition and difficulties we face. so now, given that our batting average is going to be low, the question is this : everytime we have a failure, if people are going to sit on their butt, smoking their pipe dreams and doing monday morning quarterbacking about what part was wrong, then shouldn't they also volunteer to their local IV section to make it better? lets face it, if you really think something can be done better, then volunteer to the local IV branch and do it. everybody can benefit. but if all you are going to be doing is sitting here and posting negative messages, then you hurt everybody, starting with you. the opposition is much better organized, has more money and has great influences on the political inside. if you are not providing any constructive or organizational help, causing people to be distracted and causing IV core to lose their focus, and if you are not willing to volunteer to make it better, then in my opinion its best to step aside, be quiet and let the people in charge do it. again, if you are not helping, then you hurt everybody starting with you.

    in this case, like paskal mentioned, if you think the phone calls were not important, then you haven't seen the victory message from numbersusa where they talked about the deluge of phone calls that were made by their supporters and how crucial it was in throwing out the visa recapture amendment. if anything, perhaps we could have gotten better organized with the calls. But I suspect things also moved much faster than anyone anticipated, including IV core.

    lets focus our energies and support IV core and ourselves.

    peace





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  • sammyb
    01-31 12:59 PM
    just curious to know what is the reason that 22 people till now didn't vote for the question ... what do you think could be the reason ...





    anilsal
    12-13 12:26 AM
    there are many folks whose entire GC process (apps, EAD/AP for the entire family) is funded by the employer. If such folks cringe on the thought of contributing to IV on a regular basis, then there is something wrong with us. :)

    Contributing to IV is helping your own cause. :D





    vrs
    07-19 07:51 AM
    Contributed $20 using Bill Pay with more to follow.



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