Wednesday, June 8, 2011

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  • r2i2009
    09-22 05:01 PM
    Well said guys.....I do not know why this thing hangs around me with me having EAD. EAD is just like GC with some restrictions. Why should I worry?

    Keep running life as usual. Just think people at the back of you?




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  • felix31
    04-18 03:20 PM
    well,
    I hope I interpret this correctly.

    Only cases filed after April 1st will be going into Nebraska-texas centers for processing.
    Which means, earlier cases that are already filed will be processed where they were filed...

    I have no clue how they decide which case will stay in nebraska and which will be transfered to texas.

    In my case, I-140 was sent to Nebraska on April 6th and when I received receipt notice 10 days later; first three letters showed that the case has been transfered to Texas, hence texas issued receipt number...and they will be processing the case..

    Since you filed in vermont - you are fine, you will get it processed from vermont. If you filed concurrently with I-485 then that application too will be processed in vermont.
    The new rule and transfer of cases applies to cases applied on or after April 1st 2006




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  • morpheus
    04-06 11:06 AM
    Does anyone know if the latest Frist amendment to the bill would still allow H1's etc to file for 218 as outlined above? I did some more reading and I am still confident the analysis above is an option for many H1's like myself.

    Frankly I'd be happy to wait six years for a GC if it meant I could be out of this continual H1/LC/140/485 rat-race. Being able to be self employed would be a huge positive for me. I'm already on my second LC and I am involved in founding my second new company. For executives the H1/GC process is useless because you frequently get promoted or change titles, and by the time your LC is near processing it's likely that the original application is no longer supportable. Plus, if you own equity in the company that opens a whole can of worms that the USCIS will object to.

    I don't care if 218D is supposed to be for 'illegal' immigrants. Hell, I'll learn Spanish! Via con dios! Obras son amores y no buenas razones!




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  • yabadaba
    06-26 12:22 PM
    whats our stance now...do we want it to pass or not? have any of the ammendments that help the EB cause been incorporated?



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  • glen
    04-09 04:42 PM
    Approved I-140 is good enough for applying for three year extension. I don't think there is any rule to wait for 365 days after I-140. I guess the 365 day rule is for pending labour.


    Thanks wellwishergc,
    I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?

    Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.

    -Madhuri




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  • Alabaman
    07-14 08:26 AM
    Not trying to sound pessimistic� but I am tired of hearing about the so called SKIL bill without any sort of timeline attached to it. For all I care it seems to me that it might just lay dormant in the house for one, two or even five years without any consideration. Any one with more info should please throw more light.



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  • kondur_007
    03-16 01:13 PM
    can someone please give me some advices about this situation?

    I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
    Nothing changed in 2007, and I didn't leave US at all.
    Then in June 2008, my visa status changed to H1B (and H4 for spouse).
    I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
    Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
    I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)

    My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.

    You are "dual status alien" for the purpose of tax filing. I came across same thing when I switched from F1 to H1.
    This is one situation, where you ideally "have to Itemized" (and this is true for India and it depends on Treaty with every country, it is different for lot of coutries).
    My sincere advise, just go to H and R block and get it done (this was the only year when I had my taxes done through H and R block). From the next year you will be "resident alien" and should be able to file using turbotax by yourself.
    Good Luck.




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  • cptbaseball
    05-14 02:27 PM
    Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.

    In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.

    However, please keep this mind (mentioned in that link)


    Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.

    Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.

    ______________________
    Not a legal advice.
    US citizen of Indian origin

    .

    Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.



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  • retropain
    09-01 11:08 AM
    What's particularly interesting is the number of 'scare words' used in this selected testimony on aspects of the CIR bill. Its a lot like Loo Dobbs "War" on the middle class. Its clear CIS, Nusa, FAIR provide the script to him on immigration matters. I knew Loo wasn't that creative in the first place

    =---

    TESTIMONY OF MICHAEL W. CUTLER
    SEPTEMBER 1, 2006
    HOUSE JUDICIARY COMMITTEE

    Chairmen Sensenbrenner and Hostettler, Ranking Members Conyers and Jackson Lee, members of Congress, distinguished members of the panel, ladies and gentlemen. It is a distinct honor and privilege to provide testimony at this hearing because the topic of the hearing is of truly critical significance. We are here to avert what I believe would be a catastrophe for the United States. The United States Senate passed a bill, S. 2611, that would provide incentives for a massive influx of illegal aliens, aided, abetted and induced to violate our nation’s immigration laws at a time that our nation is confronting the continuing threat of terrorism and the increasing involvement of violent gangs, comprised predominantly of deportable aliens, in a wide variety of violent crimes committed against our nation’s citizens. It is of critical importance that this hearing and others like it, illuminate why S. 2611 would expose our nation to unreasonable vulnerabilities especially in the post-9/11 world.

    A nation’s primary responsibility is to provide for the safety and security of its citizens and yet, for reasons I cannot begin to fathom, the members of the Senate who voted for S. 2611 are seemingly oblivious to the lessons that the disastrous amnesty of the Immigration Reform and Control Act of 1986 (IRCA) should have taught us. That piece of legislation lead to the greatest influx of illegal aliens in the history of our nation. Fraud and a lack of integrity of the immigration system not only flooded our nation with illegal aliens who ran our borders, hoping that what had been billed as a “one time” amnesty would be repeated, but it also enabled a number of terrorists and many criminals to enter the United States and then embed themselves in the United States.

    A notable example of such a terrorist can be found in a review of the facts concerning Mahmud Abouhalima, a citizen of Egypt who entered the United States on a tourist visa, overstayed his authorized period of admission and then applied for amnesty under the agricultural worker provisions of IRCA. He succeeded in obtaining resident alien status through this process. During a 5 year period he drove a cab and had his license suspended numerous times for violations of law and ultimately demonstrated his appreciation for our nation’s generosity by participating in the first attack on the World Trade Center in 1993 that left 6 people dead, hundreds of people injured and an estimated one half billion dollars in damage inflicted, on that iconic, ill-fated complex. America had opened its doors to him so that he might participate in the “American Dream.” He turned that dream into our worst nightmare. The other terrorists who attacked our nation on subsequent attacks, including the attacks of September 11, 2001, similarly exploited our generosity, seeing in our nation’s kindness, weakness, gaming the immigration system to enter our country and then, hide in plain sight, among us.

    As I recall, when IRCA was proposed, one of the selling points was that along with amnesty for what was believed to have been a population of some 1.5 million illegal aliens would be a new approach to turn off what has been described as the “magnet” that draws the majority of illegal aliens into the United States in the first place, the prospect of securing employment in the United States. In order to accomplish this important goal, IRCA imposed penalties against those unscrupulous employers who knowingly hired illegal aliens. My former colleagues and I were pleased to see that under the employer sanctions of IRCA, the unscrupulous employers of illegal aliens would be made accountable, or so we thought. We were frustrated that we had seen all too many employers hire illegal aliens and treat them horrendously They paid them sub-standard wages and created unsafe, indeed hazardous working conditions for the illegal aliens they hired, knowing full well that these aliens would not complain because they feared being reported to the INS. Meanwhile the employer would not face any penalty for his outrageous conduct. Finally, it seemed that the employer sanctions provisions of IRCA would discourage employers from hiring illegal aliens and would also make it less likely they would treat their employees as miserably as some of these employers did.

    Of course, we now know that the relative handful of special agents who were assigned to conduct investigations of employers who hired illegal aliens made it unlikely that employers would face a significant risk of being caught violating these laws and that they would face an even smaller chance of being seriously fined. Furthermore, the way that the amnesty provisions of the law were enacted simply created a cottage industry of fraud document vendors who provided illegal aliens with counterfeit or altered identity documents and supporting documents to enable the illegal alien population to circumvent the immigration laws. Ultimately approximately 3.5 million illegal aliens emerged from the infamous shadows to participate in the amnesty program of 1986. I have never seen an explanation for the reason that more than twice as many aliens took advantage of the 1986 amnesty than was initially believed would but I believe that two factors came into play. It may well be that the number of illegal aliens in the country was underestimated. I also believe, however, that a large number of illegal aliens were able to gain entry into the United States long after the cutoff point and succeeded in making false claims that they had been present in the country for the requisite period of time.

    To put this in perspective, I have read various estimates about the number of illegal aliens who are currently present in the United States. These estimates range from a low of 12 million to a high of 20 million. If, for argument sake, we figure on a number of 15 million illegal aliens, or ten times the number that had been estimated prior to the amnesty of 1986, and if the same sort of under counting occurs and if a comparable percentage of aliens succeed in racing into the United States and making a false claims that they had been here for the necessary period of time to be eligible to participate in the amnesty program that the Reid-Kennedy provisions would reward illegal aliens with, then we might expect some 35 million illegal aliens will ultimately participate in this insane program. Once they become citizens they would then be eligible to file applications to bring their family members to the United States, flooding our nation with tens of millions of additional new lawful immigrations while our nation’s porous borders, visa waiver program and extreme lack of resources to enforce the immigration laws from within the interior of the United States would allow many millions of illegal aliens to continue to enter the United States in violation of law.

    The utterly inept and incompetent USCIS, which is now unable to carry out it’s most basic missions with even a modicum of integrity would undoubtedly disintegrate. The system would simply implode, crushed by the burden of its vicious cycle of attempting to deal with an ever increasing spiral of rampant fraud thereby encouraging still more fraudulent applications to be filed. Terrorists would not find gaming this system the least bit challenging and our government will have become their unwitting ally, providing them with official identity documents in false names and then, ultimately, providing them with the keys to the kingdom by conferring resident aliens status and then, United States citizenship upon those who would destroy our nation and slaughter our citizens.
    I hope that this doomsday scenario will not be permitted to play out.

    Insanity has been described as doing the same things the same way and expecting a different result. Where our nation’s security is concerned it would be indeed, insane to ignore the lessons of IRCA.

    When I was a boy my dad used to tell me that there were no mistakes in life, only lessons, provided we learn from what goes wrong and make the appropriate changes in the way we do things. However, to repeat the same mistakes was to him and to me, simply unforgivable.

    Chairmen Sensenbrenner and Hostettler, I commend your leadership in calling this hearing to make certain that these concerns are made public and are taken into account, especially as we approach the anniversary of the fifth anniversary of the attacks of September 11 and our nation continues to grapple with the immigration crisis.

    America is at historic crossroads at this moment in time. Courageous decisions need to be made by our nation’s leaders. If our nation fails to select the proper path, there will be no going back. If our nation decides to provide amnesty to millions of undocumented and illegal aliens, I fear that our national security will suffer irreparable harm as we aid and abet alien terrorists who seek to enter our country and embed themselves within it in preparation for the deadly attacks they would carry out. The priority must be clear, national security must be given the highest consideration and priority where the security of our nation’s borders and the integrity of the immigration system are concerned.




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  • zerozerozeven
    04-10 03:36 PM
    http://www.aila.org/content/default.aspx?docid=25173



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  • deardar
    12-10 01:36 PM
    Some one few days ago posted that the she was was adviced by the lawyer to hand over Photocopies of AP and keep the original for herself.

    So do you have to give them the original or have them take a photocopy of it and give you back the original ?




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  • estrela21
    02-08 11:56 PM
    Hello estrela,

    Thanks for posting your message. It seems that you are talking about immigration to USA based on marriage. This may not be the right place for advise regarding that issue.

    This forum is dedicated to the plight of high-skilled employment based immigrants.

    Please consult an immigration attorney to look into this matter because your question is unclear and you mention court issues and other legal issues. We do not want to give you incorrect advise regarding such crucial issue.

    Best of luck

    how i do it to take my question out here?? i am sorry..i didn't mean to cause any problem..



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  • sheelalann
    05-21 12:55 PM
    we should sue wipro :-)




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  • diptam
    10-13 03:16 PM
    Just Kidding - as long as you are wearing decent clothes no one should reject your visa (which otherwise should have been approved) for wearing a jeans or for not wearing formal dress.

    But when someone created a thread for this - let me share "one dress" people shouldn't wear.- this is something you would want to avoid, this was told to me 9yrs back when i first came to this country and appeared for Interview first time.

    That dress is - "Red Shirt"

    Hope this helps !



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  • gova123
    08-27 12:38 PM
    Go in person that would be best. Houston will not respond to mail or phone calls, Their whole switch board is messed up. I had tough time when I sent it to Houston.

    Can we go in person, I thought they would encourage only in case of emergency. Any one know that if we can go to the consulate and get the passport renewed quickly for sure.

    Thanks
    Govardhan




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  • msp1976
    02-09 03:59 PM
    All non-Indian members....

    At present India is the most retrogressed country...This is just an attempt to gauge the extent of retrogression....
    This poll does not imply that you are not valuable and your concerns are not cared for...



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  • lazycis
    09-29 09:50 AM
    Hello Everyone,

    Thank for all your help..My case have been pending over a year now of the due date......So can I file the Mandamus????

    Yes, you can and you need to if you do not want to wait indefinitely. The federal courts routinely held that 2+ year delay in processing I-485 is unreasonable:
    http://immigrationportal.com/attachment.php?attachmentid=16580&d=1182811320
    http://www.immigrationportal.com/attachment.php?attachmentid=16062&d=1176397314




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  • veni001
    02-03 03:53 PM
    thank you veni, that is very informative and solid reference.

    looks like under 'advanced degree' category, just having a US Masters or foreign equivalent (4+2) is enough. lot of people are under the impression, its MS+3yrs. but the description in USCIS link states just an advanced degree (higher than baccalaureate) is enough. am i reading this right?

    BS+5years is equivalent to having an Advanced degree.
    But, I think its BS+5yrs, not BS Equivalent + 5 yrs.

    That's correct.
    Good luck!




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  • ras
    05-24 12:26 PM
    Can the IV (ImmigrationVoice) university award me a Ph.D please..... :D. I have been doing research on IV Forums for the last few years...

    They are no lesser than any research being done in cozy labs out there...




    saimrathi
    08-10 02:45 PM
    \/\/\/\/\/\/\\/




    abandookwala63
    02-03 12:54 PM
    My lawyer advises that there's no point in sending information to USCIS unless they ask for it, or is required by law or regulations. The chances of such unsolicited information making it to your files, or being acted upon are slim to none. If you wish, you could send the AC21 information on your own. Retaining a lawyer to send this information, and paying them a few hundred bucks to do so is sheer waste of money, in my opinion. There's no guarantee that it will avoid an RFE. USCIS does not have the time or resources to process unsolicited information. You should hire a lawyer (and have them submit a G-28) if you wish to transfer your representation to a new lawyer, and tell them that they are being retained to respond to RFEs and such. This "AC21 letter" thing is something that lawyers have come up with...its not necessary, and even if it is, you can do it yourself...all you need is an employment verification letter from your new employer.

    I am in the same boat. My lawyer told me to sent AC21 notification to USCIS as I am on H1 and never used EAD. He told me that my old employer will not revoke I-140 but he will cancel my H1B which is valid till 2010 and they will come to know about your status(change in job) and incase at the time of interview they ask for paystubs how r u going to produce it as u are not working for him. Please give ur inputs as I may be wrong.



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