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  • ragz4u
    03-16 10:38 AM
    We just received news that the Judiciary Committee hearings which were supposed to run until 1.00 pm today and also tomorrow have been postponed to March 27th. Apparently the deal is that the Judiciary Committee wants to put pressure on Senator Frist so that he does not introduce his version of the bill bypassing the committee...

    Will update as soon as we hear more...





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  • chanduv23
    01-03 10:36 PM
    :cool:. That restriction is for immigrants. As a non-immigrant he should be able to bring as many wives as he wants.

    Maybe he can look into sub classificastion, H4A for one and H4B for another.

    Now, if this person is an IV member, will his contriutions towards IV be two fold??? As whatever IV is trying to achieve will benefit his 2 families





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  • neoklaus
    10-28 07:24 PM
    - How has greencard changed your life after receiving it?

    we will see

    - How did the long wait upset your life?
    greatly!
    - How did immigrationvoice help you during this long wait?
    greatly!
    - Would you like to continue your support to immigration voice and help others waiting?
    for sure
    - Any advice for everyone?
    knowledge, knowledge and knowledge! The earlier- the better.
    Greatest disappointment that haven't discovered IV back then, say in 2001:D





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  • kode
    02-10 10:11 AM
    thank you very much legoman =)

    and thank you to those who voted for me :)

    and a another thank you to eilsoe since hosting the kastle ;) i wanted to say it before but i completely forgot .. sorry :-\



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  • logiclife
    01-09 12:15 PM
    Is a divorced spouse entitled to COBRA coverage from their former spouses� group health plan?
    Under COBRA, participants, covered spouses and dependent children may continue their plan coverage for a limited time when they would otherwise lose coverage due to a particular event, such as divorce (or legal separation). A covered employee�s spouse who would lose coverage due to a divorce may elect continuation coverage under the plan for a maximum of 36 months. A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation. After being notified of a divorce, the plan administrator must give notice, generally within 14 days, to the qualified beneficiary of the right to elect COBRA continuation coverage.

    Divorced spouses may call their plan administrator or the EBSA Toll-Free number, 1.866.444.EBSA (3272) if they have questions about COBRA continuation coverage or their rights under ERISA.

    If I waive COBRA coverage during the election period, can I still get coverage at a later date?
    If a qualified beneficiary waives COBRA coverage during the election period, he or she may revoke the waiver of coverage before the end of the election period. A beneficiary may then elect COBRA coverage. Then, the plan need only provide continuation coverage beginning on the date the waiver is revoked.

    Under COBRA, what benefits must be covered?
    Qualified beneficiaries must be offered coverage identical to that available to similarly situated beneficiaries who are not receiving COBRA coverage under the plan (generally, the same coverage that the qualified beneficiary had immediately before qualifying for continuation coverage). A change in the benefits under the plan for the active employees will also apply to qualified beneficiaries. Qualified beneficiaries must be allowed to make the same choices given to non-COBRA beneficiaries under the plan, such as during periods of open enrollment by the plan.

    When does COBRA coverage begin?
    COBRA coverage begins on the date that health care coverage would otherwise have been lost by reason of a qualifying event.

    How long does COBRA coverage last?
    COBRA establishes required periods of coverage for continuation health benefits. A plan, however, may provide longer periods of coverage beyond those required by COBRA. COBRA beneficiaries generally are eligible for group coverage during a maximum of 18 months for qualifying events due to employment termination or reduction of hours of work. Certain qualifying events, or a second qualifying event during the initial period of coverage, may permit a beneficiary to receive a maximum of 36 months of coverage.

    Coverage begins on the date that coverage would otherwise have been lost by reason of a qualifying event and will end at the end of the maximum period. It may end earlier if:

    Premiums are not paid on a timely basis

    The employer ceases to maintain any group health plan

    After the COBRA election, coverage is obtained with another employer group health plan that does not contain any exclusion or limitation with respect to any pre-existing condition of such beneficiary. However, if other group health coverage is obtained prior to the COBRA election, COBRA coverage may not be discontinued, even if the other coverage continues after the COBRA election.

    After the COBRA election, a beneficiary becomes entitled to Medicare benefits. However, if Medicare is obtained prior to COBRA election, COBRA coverage may not be discontinued, even if the other coverage continues after the COBRA election.

    Although COBRA specifies certain periods of time that continued health coverage must be offered to qualified beneficiaries, COBRA does not prohibit plans from offering continuation health coverage that goes beyond the COBRA periods.

    Some plans allow participants and beneficiaries to convert group health coverage to an individual policy. If this option is generally available from the plan, a qualified beneficiary who pays for COBRA coverage must be given the option of converting to an individual policy at the end of the COBRA continuation coverage period. The option must be given to enroll in a conversion health plan within 180 days before COBRA coverage ends. The premium for a conversion policy may be more expensive than the premium of a group plan, and the conversion policy may provide a lower level of coverage. The conversion option, however, is not available if the beneficiary ends COBRA coverage before reaching the end of the maximum period of COBRA coverage.

    Who pays for COBRA coverage?
    Beneficiaries may be required to pay for COBRA coverage. The premium cannot exceed 102 percent of the cost to the plan for similarly situated individuals who have not incurred a qualifying event, including both the portion paid by employees and any portion paid by the employer before the qualifying event, plus 2 percent for administrative costs.

    For qualified beneficiaries receiving the 11 month disability extension of coverage, the premium for those additional months may be increased to 150 percent of the plan's total cost of coverage.

    COBRA premiums may be increased if the costs to the plan increase but generally must be fixed in advance of each 12-month premium cycle. The plan must allow you to pay premiums on a monthly basis if you ask to do so, and the plan may allow you to make payments at other intervals (weekly or quarterly).

    The initial premium payment must be made within 45 days after the date of the COBRA election by the qualified beneficiary. Payment generally must cover the period of coverage from the date of COBRA election retroactive to the date of the loss of coverage due to the qualifying event. Premiums for successive periods of coverage are due on the date stated in the plan with a minimum 30-day grace period for payments. Payment is considered to be made on the date it is sent to the plan.

    If premiums are not paid by the first day of the period of coverage, the plan has the option to cancel coverage until payment is received and then reinstate coverage retroactively to the beginning of the period of coverage.

    If the amount of the payment made to the plan is made in error but is not significantly less than the amount due, the plan is required to notify you of the deficiency and grant a reasonable period (for this purpose, 30 days is considered reasonable) to pay the difference. The plan is not obligated to send monthly premium notices.

    COBRA beneficiaries remain subject to the rules of the plan and therefore must satisfy all costs related to co-payments and deductibles, and are subject to catastrophic and other benefit limits.

    If I elect COBRA, how much do I pay?
    When you were an active employee, your employer may have paid all or part of your group health premiums. Under COBRA, as a former employee no longer receiving benefits, you will usually pay the entire premium amount, that is, the portion of the premium that you paid as an active employee and the amount of the contribution made by your employer. In addition, there may be a 2 percent administrative fee.

    While COBRA rates may seem high, you will be paying group premium rates, which are usually lower than individual rates.

    Since it is likely that there will be a lapse of a month or more between the date of layoff and the time you make the COBRA election decision, you may have to pay health premiums retroactively-from the time of separation from the company. The first premium, for instance, will cover the entire time since your last day of employment with your former employer.

    You should also be aware that it is your responsibility to pay for COBRA coverage even if you do not receive a monthly statement.

    Although they are not required to do so, some employers may subsidize COBRA coverage.

    Can I receive COBRA benefits while on FMLA leave?
    The Family and Medical Leave Act, effective August 5, 1993, requires an employer to maintain coverage under any group health plan for an employee on FMLA leave under the same conditions coverage would have been provided if the employee had continued working. Coverage provided under the FMLA is not COBRA coverage, and FMLA leave is not a qualifying event under COBRA. A COBRA qualifying event may occur, however, when an employer's obligation to maintain health benefits under FMLA ceases, such as when an employee notifies an employer of his or her intent not to return to work.

    Further information on FMLA is available from the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, U.S. Department of Labor, Employment Standards Administration.





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  • Hello_Hello
    10-29 01:50 PM
    No sir.
    USCIS has been publishing, the total number of application for all kind of services have been falling sharply in last 2 years. This is plain harassment and nothing else. I think it all started in 2007. As you guys know there were mass applications filed in 2007 from everyone who were current including EB2/ROW/I/C and EB3 /ROW/I/C.
    Just my Honest Opinion.



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  • glus
    04-13 12:09 PM
    I am sure this is the right place to ask such questions but I could not find other thread to post my question.

    When we file for I-485, what document do we need to attach to the I-485 form?

    Do we need valid Passports?

    In general a person who is in the US should have a valid and unexpired passport at all times. In addition, there is a whole loooooong list of documents that you attach to the I485- your attorney should advise you on this. The most important once for employment based immigration are documents showing legal status up until the I485 application and current offer letter from your company. There are many many more documents you need to provide...search the net for the necessary documents...





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  • snathan
    04-19 12:06 PM
    They do not accept Indian 3 yr bachelors & 2/3years of Masters + 5 years for EB2. This has been discussed lot of times. They expect single 4 year degree.

    15yrs of education(India Bachelors) + 5 or more years of education for EB3 is accepted if certain qualifiers are included in the Labor.

    Just take care if you are dealing with attorney who saying above thing.

    It all depends on what you have in the PERM requirement. If you have like MS, BS or any foreign equivalent as evaluated by reputed firm or equivalent experience then you can get approval
    .



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  • chanduv23
    03-11 02:44 PM
    Read this http://timesofindia.indiatimes.com/Business/New-H1-B-visa-norms-to-isolate-India/articleshow/4251475.cms

    It is not so easy to convince Sen Grassley.





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  • BharatPremi
    03-26 11:09 AM
    Hello BharatPremi,

    I was in the Interfiling situation for the last four months but EB2 India was Retrogressed and then Unavailable as you know. But, I got the advice from my Lawyer that I should Interfile and not wait for the EB2 India dates to get current. So, at the end of Feb '08 I decided to Interfile with my lawyer's help.

    With the cover letter as suggested in various earlier posts he made sure he sent the Original Approval Notice of the I140 and not a copy.

    The main text of the letter was:

    In accordance with 8 C.F.R. �204.5(e) , the applicant hereby request your office to amend the priority date to that of <new I140 Priority Date> as indicated on the enclosed original approved I-140 petition on behalf of the applicant.

    In the footnotes, this was included:
    1. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.

    It was beginning of March when this was done. Then in mid-March, I got the great news that EB2 India is current for my PD. We will see what happens in April '08 !!!

    No news from USCIS yet on the Interfiling app. My lawyer suggested to call after a month of the application's RD.

    Waiting on GC for more than 6 years. I hope this is the last thing to do before AOS is approved for us and we receive the PR Card.

    Hope this info helps.
    Best of Luck for your case.

    Thanks Sanbaj. Do you have both applications under same sponsor? Or different sponsor? My case is: both different sponsor and on top of that now I am working for third company using AC21 -EAD. Can any complications arise?



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  • imh1b
    11-12 09:16 AM
    Visa bulletin is coming today





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  • gsc999
    09-08 12:50 AM
    Guys and Gals flying out of Northern California, please pm me. I need some of your luggage space. Nothing sensitive just banners etc. We can meet up near your place and I can hand-over the stuff to you

    Also, don't forget to pack a formal suit for the lobby day. We will need it for sure.

    Cheers!
    g



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  • kaizersoze
    03-21 02:11 PM
    Folks,

    Per lawmaker we recently met(WA state), it is imperative that we also get our message across to lawmakers in the midwest and south.

    Due to resident strength and businesses employing H1B people(who end up getting stuck in retrogression) in the west and east coasts and large metropolitan cities, the lawmakers in these areas are slightly more aware of our issues. They also get funding from local companies that employ people stuck in retrogression.

    However, representatives in the MIdwest and South do not get a lot of funding from local businesses that employ H1Bs and have other local issue that they would rather pursue(agriculture, etc.).

    It is imperative that awareness is spread in the midwest and south !!





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  • rockstart
    02-13 09:44 AM
    I received a soft lud on my H1B approved in Nov 2007. All other cases do not have any LUD. I guess it is just the system touching these records as routine maintainence.



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  • brad_sk2
    07-26 01:09 PM
    The last link (Times27..) one doesn't open btw

    Dude...he is just predicting...Please spend a minute or two reading the contents before replying!





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  • Macaca
    09-19 03:54 PM
    From Congress quietly returns to immigration (http://immigrationvoice.org/forum/showpost.php?p=167577&postcount=1090) A broad overhaul failed this summer, but an array of smaller measures is under discussion, including ways to legalize certain workers By Nicole Gaouette (nicole.gaouette@latimes.com) | Los Angeles Times Staff Writer,
    September 17, 2007

    Republicans also are considering a bill that would overhaul visas for high-skilled foreigners.
    Senate Republicans are also discussing ways to increase the number of visas for high-skilled workers, now capped at 65,000 a year.



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  • maddipati1
    07-27 08:18 PM
    BTW, great thinking.. posting the link in advance

    u r a Skilled .... but keeps a lil bug in the logic :-)


    S





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  • mbartosik
    02-12 05:12 PM
    Many states are "employment at will" states. This includes NY. You can say good bye that day and not turn up again (works both ways). Did you have leave owing and thus were simply using up paid leave before leaving him. If you did not sign a no-compete he doesn't have a leg to stand on, and even if you did no-compete contracts are often unenforceable because they go too far.

    If you left without telling him and continued to draw salary that could be a problem.

    If you are working for a customer that he still does business with, then speak with your managers. If you have a good relationship there the managers may put pressure on him -- like threaten to cancel his remaining contracts.

    IRS explains in their FAQ what to do if you cannot get W2 (linked to earlier in this thread I think). DO NOT PAY A PENNY FOR IT! Do not accept an incorrect W2 either!

    Better still go to a local IRS office and get advice. If you get a helpful IRS customer service rep, then ask to call your employer on a speaker phone with them present, imagine what IRS might do to him if they hear him on the phone attempting to blackmail you! I hear major audit coming! Or ask IRS to phone him there and then on your behalf, so they can ask for the W2 to be sent. If he dares tell them he won't send it he will find himself in a world of pain. The IRS do have a procedure, so they will likely send a demanding letter, woe is he who ignores such a letter.

    Personally I would rather pick an argument with a police officer than an IRS representative. IRS has much more power put him in a world of pain than any other agency.

    Customer service people are humans too, and I've found IRS customer service helpful before, be polite and they will advice they are going to hate the idea of someone being blackmailed for a W2, you might even "make their day".





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  • BumbleBee
    08-22 07:48 PM
    Starting July 16th, 2007, labor certification has a 60 day validity period. Meaning, a I-140 petition needs to be filed within 60 days from labor approval date....If immigrant visa numbers are unavailable (dates retrogressed), you wont be able to file your I-140/I-485 concurrently but you can file your I-140 petition irrespective of your priority date as long as you have a labor approved. You dont have to apply for your labor again and again....Its just that, once you get your I-140 approved, you will have to wait for dates to become current to file I-485...

    Now that make sense :)





    sanprabhu
    07-14 12:29 PM
    If they can attach Dream Act as an amendment to the Defence policy Act why cannot they attach SKILL to the same. That is the question we should be acting on.

    I think expecting Sen. Cornyn to do something now is kind of remote. He is going to be facing elections soon in 08. May be Cantwell is the one to do it.

    What do you guys think?





    unitednations
    03-11 04:52 PM
    No sir, I remember they provided them with lot of information, it's just that these 2 Senators want to kill H1B program, they had replied to him or not is immaterial..

    Find the pdf with the questions he asked and compare to the answers they gave.

    compare that with what happened with visa bulletin fiasco.

    I think it was Zoe lofgren who sent a letter with very pointed questions to USCIS. I don't believe they made public their answer or if they answered it at all; and instead of fighting with Senator they reversed course and opened up the visa dates again. (A big part of me thinks that it was pure financial decision. USCIS was going to have fee increase and they realized that they would lose a lot of money but after they did their analysis; they realized their breakeven point was each candidate renewing ead/ap once and they would break even. They would even come out further ahead by allowing the applications because people would be renewing at least three times whereas in old fee structure it was only built in for one renewal).



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