Sunday, June 12, 2011

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  • meridiani.planum
    11-12 02:26 PM
    6months is to comply with AC21. I donot recall any one saying wait xyz time to switch after you get a GC.

    Its indeed a bit of a grey area, though lawyers say stick for 6 more months to be conservative. See:
    MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
    How soon can I leave the employer after I get my GC - ImmigrationPortal Forums (http://forums.immigration.com/blog.php?bt=668)




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  • solaris27
    10-05 10:12 AM
    Apply your H1B extension for 3 years with wife H4 ...this will resolve problem but don't wait .




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  • prout02
    07-30 12:26 PM
    I have read in this forum frequent questions about this - legality/enforceability of noncompete clause. Here's a recent court decision from Kansas. It talks about physician practices. No idea if it is applicable to other professions. But the four factors cited in the decision seem relevant.

    Interestingly, it talks about 8 states -- Alabama, California, Colorado, Delaware, Massachusetts, North Dakota, Tennessee and Texas -- that have been known to outlaw or significantly restrict such clauses.

    Please take it for whatever it's worth.

    ======================
    http://www.ama-assn.org/amednews/2008/08/04/prsa0804.htm
    amednews.com
    Kansas court enforces noncompete clause
    The court looked at a number of factors in weighing the contract's impact on the doctor, the employer and patient care.

    By Amy Lynn Sorrel, AMNews staff. Aug. 4, 2008.

    A Kansas appeals court recently affirmed the enforceability of noncompete clauses in a ruling that puts the spotlight on issues that can arise in drafting or signing the employment contracts.

    Kansas is among a majority of states that consider noncompete clauses legal, with varying case law or statutes as to when and how the provisions can be used. Eight states -- Alabama, California, Colorado, Delaware, Massachusetts, North Dakota, Tennessee and Texas -- have been known to outlaw or significantly restrict such clauses.

    In June, the Kansas Court of Appeals upheld a contract that restricted a family physician from practicing for three years in the same county as the group she left unless she paid the clinic 25% of her earnings during those three years after her termination.

    In its decision, the court analyzed four factors to determine the validity of the contract provision. The court looked at whether the restrictive covenant:

    * Protected a legitimate business interest of the employer.
    * Created an undue burden on the employee.
    * Harmed the public welfare.
    * Contained time and geographic limitations that were reasonable.

    In upholding the noncompete clause, the court found that Wichita Clinic PA had a legitimate interest in protecting its patient base and the investment it made in establishing the practice of Michelle M. Louis, DO, when she joined the group in 1991. The court said the contract did not unfairly restrict competition or patient access because Dr. Louis had the option to continue practicing in the area, where other family physicians were available.

    Gary M. Austerman, Dr. Louis' attorney, said the court essentially ruled that "a contract is a contract" while giving "short shrift" to other concerns, including patient care. Dr. Louis plans to petition the Kansas Supreme Court to take her case.
    8 states outlaw or significantly restrict noncompete clauses.

    "A doctor's right to practice and continue her relationship with her patients in this case is greater than the employer's right to restrain that right," Austerman said. "Patient choice is affected any time you say you can't take care of patients just because of a business relationship."

    Austerman said Wichita Clinic -- a practice of nearly 200 multispecialty physicians -- was not harmed by Dr. Louis' departure, and the contract was aimed at protecting itself from competition rather than protecting patient care. He argued that the 25% damages clause imposed an arbitrary penalty on Dr. Louis and was not intended to apply to the income she would make when she left the clinic in 2004.

    AMA policy states that covenants not to compete "restrict competition, disrupt continuity of care and potentially deprive the public of medical services." The AMA discourages any agreement that restricts the right of a physician to practice medicine and considers noncompete clauses unethical if they are excessive in scope.
    Striking a balance

    Gary L. Ayers, an attorney for Wichita Clinic, said the group's contract struck an appropriate balance.

    He said the clinic hired Dr. Louis after she completed her residency and helped set up her practice with an existing source of patient contacts and referrals, and by covering administrative and overhead costs. But if doctors decide to leave and take a portion of their patients with them, the group would lose out financially without some reimbursement arrangement, Ayers said. As a result, patient care would suffer.

    Restrictive covenants "allow groups to protect their patient base and in turn give them the ability to grow the practice to provide a vast array of patient services," Ayers said.

    Doctors on either side of the negotiating table should consult legal counsel to know where their state stands on enforcing noncompete provisions, said Richard H. Sanders, a Chicago-based health care lawyer with Vedder Price.

    Employers drafting contracts should make sure time and distance limitations are reasonable and reflect where the practice draws its patient base from, he said. On the flip side, individual doctors should not hesitate to negotiate and ask for a buyout clause or a carve-out leaving a particular geographic territory open.

    Jerry Slaughter, executive director of the Kansas Medical Society, warned that doctors should take the contracts seriously. The medical society was not involved in the Wichita Clinic case.

    "If properly constructed, [restrictive covenants] are legal and binding, so it's really about the parties going into it understanding it's a contract."

    Discuss on Sermo Discuss on Sermo Back to top.

    ADDITIONAL INFORMATION:
    Case at a glance

    Was a noncompete clause in a doctor's employment contract enforceable?

    A Kansas appeals court said yes.

    Impact: Some individual physicians say the provisions restrict their rights to practice in any given area and infringe on patients' rights to choose a doctor. Physicians on the medical group side say the contracts help protect the investment a practice makes in new doctors and its existing business, which, in turn, helps maintain access to care.

    Wichita Clinic PA v. Michelle M. Louis, DO, Kansas Court of Appeals

    Back to top.
    Copyright 2008 American Medical Association. All rights reserved.




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  • patiently_waiting
    06-18 07:17 AM
    Thanks for your reply.



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  • pd_recapturing
    10-19 10:02 AM
    Actually sometime when you talk to IO, they tell you all the receipt numbers including I-140. It happened with me once. I was inquiring about my I-485 receipt notices and the IO started telling me all the cases , I have filed so far. I guess, when they pull informaton based in your DOB and name, they are able to see everything. At this time, you can request them the RN of I-140. There are bright chances that you get the I-140 information.




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  • reverendflash
    10-17 11:50 AM
    Kitiara:

    When you use Fireworks to make your animation, try converting to a symbol and using a tween, as in Flash...

    That will create a much smaller file size...it's one of the things the prog was designed for... :P

    If you need help, ask...

    Rev:elderly:



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  • aroranuj
    06-27 11:23 AM
    Has anyone done a FOIA before for an I-140 receipt notice? Where do I file? Does it in anyway makes USCIS reveiw my case more than it should?




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  • usgc07
    02-18 08:46 AM
    Gurus, Please advise for my above question.
    Thanks a lot.



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  • cygent
    07-02 02:13 AM
    Hello IVans,
    Does anyone feel the same? any thoughts?

    But only because they know everybody will be frustrated with the wait & opt for PP - Another clever manipulation IMHO.




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  • piyu7444
    04-11 12:47 AM
    If EAD expires and you do not get a new EAD (which was applied in a timely manner) can you still work and get your pay Chq?



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  • eadguru
    11-05 01:50 PM
    No Finger Print Notice yet. Did any one in the same situation (Aug 03rd. TSC -> VSC -> TSC)

    ----------------------------------------------------------------------------
    I-1485/131/765 Sent to TSC on 08/03/07(TSC -> VSC -> TSC). ND=10/16/07
    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/24, Received 11/01
    AP - RFE for clear copies of PP 11/01




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  • 9411b
    12-04 03:28 PM
    Our 140/485 filed with NSC, then moved to CSC for receipting, got WAC receipt #, then moved th TSC, pending since July 2007.

    RD=7/23/07
    Notice Dae =9/19/07

    on 9/20/07, all cases moved to TSC. Nothing happened even withourt LUD.

    FP notice received and done in January 2008.

    Yes, we need to do something to help us.

    JJ



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  • kirupa
    08-18 11:48 PM
    If you are lazy (like I am right now), you could just create an owl smiley and have the tag name by "O' RLY"! That way you won't have to fret about getting the owl's expression just right in the tiny < 20 pixel per side area!




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  • hmehta
    09-23 07:53 PM
    Yes, I am in the same Boat - My 485 was filed on July 19th but haven't received my receipt yet (485 filed at TSC)!



    Guys, According to following URL, it seems that all july filers should get the RN by now irrespective of the processing centers. I am 24th July filer but still did not get the RNs so far. Are other ppl also in same boat? Please let me know. I am worried now.


    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D



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  • sankar_203
    09-25 02:40 PM
    In my case, H1B already expired. I have used it for 7 years. Now I am on EAD after 7 years of H1B.

    In that case you are going to file H1-B based on your 140 approval..Since you are in 7th year..you may get 2 years of H1-B.. it would be good back up for your 485..you know these days employers are doing crazy things and USCIS is making mistakes and i have also noticed your PD , may 2007 so we have a long way to go on this ship..




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  • admin
    04-03 07:11 AM
    jinger,

    If we ask for everything, we will end up with nothing. If we do not focus on a certain set of issues, we're just setting ourselves for failure. It is not that we're misleading others either. We've always been very open about our goals. We never claimed that we're going to represent every immigrant's wishes.

    While what GCwaitforever, has asked is for a very good reason, we're right now focussed on bringing the maximum good to the maximum number of our members.



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  • helpful_leo
    02-09 09:48 PM
    I suggest that IV be even concerned about ppl in the pre-application stage like myself. I havent even filed a labor yet as I have no employer (am a PhD student.) I would like IV to take up issues that concern PhD students, for e.g. the current proposals in the PACE bill that appear to exclude current PhD students (as opposed to future "F-4" PhD students) from automatic AOS benefits 1 year after graduation. This is a large constituency who can be mobilized for IV if IV decides to pursuse this. It is actually a very commonsense amendment to PACE that can be included in the bill if the right people are informed about it. I have drafted a very detailed letter and can make it available here.




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  • cdeneo
    09-21 06:32 PM
    I got my answer, the very next question talks about I-140 withdrawl and its impact on the AOS application if job changed using portabiliity within 180 days of filing.




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  • hazishak
    08-01 09:28 AM
    My wife is planning to go for H4 visa stamping in October. My question is can she go alone??????????? and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
    hello .....somebody ans meeeeeeeeeeeeee




    k3GC
    07-28 11:51 AM
    Guys - I apologize, I was not aware that this has been already discussed extensively.

    The truth of the matter is that our organization needs funds. The ideal way to get funds is for every member to understand the value of IV and contribute. That will take its own course.

    In addition to that i think we should look at events as they happen that affect our community and use those to rally our members and get additional help from them - time, resources and money and we have done that in the past and have succeeded. When our bills passed in the senate and we needed money to lobby the house, a call was made and people did contribute.I think constructive feelings of hope, happiness and success do encourage people.

    If things happen as folks expect and a lot of IV members do get their GC in the next 2 months, i think this would be an event to target and request members to contribute to IV.

    So fine with me if this has already been discussed, Can we promote this and track it. Would it be too much to add a second thread that talks about contributions to IV when i look at 5 threads at the top of the list that all track LUD's :)




    seekerofpeace
    02-04 10:46 AM
    Folks,
    I'd like to know if any of you invited your parents while on AOS. Last time I invited my in-laws I had H1-B et al....now we are on AOS and my wife is sponsoring her parents. We are on AOS. I do not have a job currently so I can't get an EVL and my wife has and she is inviting and the I-134 is also from her...we have EADs valid till late 2010....she had her F1 valid till Oct 2009 but she is working on dependent EAD.

    So do you think there could be any potential problem.....Last time I had sponsored my in-laws but they were questioned a lot at the embassy....so now my wife will be sponsoring ...I hope there are no potential problems.

    Path 2 USA do not mention anything special for EADs/AOS et al....

    Thanks,

    SoP



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