Tuesday, June 14, 2011

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  • singhsa3
    06-02 03:54 PM
    What is the basis for the answers? Please provide some reference.

    I thought that answer to
    Q1: Yes they need to re do I-140
    Q2 : Regular timeframe

    Happy Scenario

    1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - No need to File for 140

    3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- They approve Faster in a month

    Not so Happy scenario and reality

    1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - You need to File for 140 after the labor approval 6+months

    3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- Takes 1+ year to get your 140 approved + you need to wait for 6 months+ to get your 485 interfile updated

    We are talking about atleast 2 to 3 years to get from EB3 to EB2 , so Please participate in IV campigns , call the representatives





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  • cinqsit
    11-24 06:07 PM
    I have seen people get a copy of their approved I-140 using FOIA Freedom of Information Act Request, where the employer was giving them a hard time and not sharing their I-140 info. So there are ways you can get a copy of the approved I-140 provided of course everything is in order. (previous poster has also posted information of getting duplicate I-140)

    This is kind of similar - you should contact a good lawyer and try and get that I-140 copy
    if you current lawyer is unhelpful just get advice and help from some other immigration lawyer - you are in the home stretch dont give up - try and provide USCIS whatever they want. (though technically they should have information about the approved I-140 - so I dont get why they are requesting a original copy from you!)

    Also you mention
    "In late 2008, with the help of a congressman, my new attorney was able to figure out that USCIS has lost my original I-140 application (filed at Nebraska center) and USCIS has issued the same I-140 receipt no. to somebody else. Then USCIS auto-created a new I-140 and gave me SRC receipt no. with filing date as Jan 2008 and as electronically filed by my previous attorney."

    Do you have any documentation abou this ? a letter from Congressman etc? This is really weird never heard anything like this before.

    You should collect all such documents (contact the congressman again if need be to get a letter or something in writing) then contact
    a good immigration lawyer.

    Good luck!





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  • nepaliboy
    02-11 10:01 PM
    I am also same boat. Not yet





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  • gc_check
    03-10 07:55 AM
    I guess I should agree with Jerrome because I am going to India 2 weeks from now and My friend who recently had been to India mentioned the same. I have asked the same question to my immigration lawyer, I will post it when I get a reply.

    In mean time I have another question, My flight is from Chicago to Delhi, but I have to take a loacl flight from Miami to Chicago, all my international baggage check in's are at the Miami. My question here is should I surrender the I-94 at Miami since I am doing all my International baggage check in's or should it be in Chicago.

    Please let me know if anybody had this situation.

    -Success.

    Submit the I-94 when you board the flight that leave USA, in your case, Chicago, Not Miami, It is always not advisable to sumbit when you are boarding a connecting, non-Internation flight. For example, what if the International flight is cancelled or you missed, you will be in US, but have already returned your I-94 Also always have copies of all the I-94 for records.



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  • SkilledWorker4GC
    07-17 03:31 PM
    According to your profile it took you less than a year to get your GC and you call that a Long Wait. :rolleyes: People here stuck for 10 years.

    Your question is too confusing otherwise i would have answered as here on IV we are very generous even to the people who doesnt care about us.

    Anyways hiring a lawyer and paying some money would be a better place to get a right answer.

    My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).

    Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.

    So I can work for company A (GC filing employer) full time and at the same time work part time with company B.

    So this way if company A does fire me during probation period I continue with company B :confused: on full time basis. Is this ok will it come to haunt me when I file for citizenship?





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  • gcseeker2002
    04-09 05:35 PM
    Good luck, atleast you are in EB2



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  • akred
    07-14 06:31 PM
    You can also see how Europe's disintegrated political structure allows it to send far more than the 9800 limit.





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  • snathan
    02-09 09:33 PM
    "US Masters degree has no value anymore. Don't pursue a masters degree from US . You won't be able to find a job due to protectionist agends of US law makers.. Take your money somewhere less.Foreigners won't get jobs in USA "

    Let us make atleast Indians run from Higer education industry of America and colleges will feel the heat as 50% of them have revenue stream out of foreign students. This will make these clown senators o understand the repercussions of protectionism.

    If we can print an article in any leading daily in India, I am sure lots of other papers will pick up the same story.



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  • when
    01-03 02:06 PM
    I think is someone has Canadian PR they aren't required to have a UK transit visa. I found the this info on the following link: http://www.ukvisas.gov.uk/servlet/UKVisasDoINeedAVisa?url=%2Fservlet%2FFront%3Fpagen ame%3DOpenMarket%2FXcelerate%2FShowPage%26c%3DPage %26cid%3D1006977149962&purpose=Transit&nationality=India&location=United+States




    Do I Need A UK Visa


    You asked if a national of India needs a visa to pass through the UK in transit.

    Yes, you need a Direct Airside Transit (DAT) visa, unless you hold one of the following:

    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country in respect of which the visa is held;
    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country in respect of which the visa is held to another country or territory;
    a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which he last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
    a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
    a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
    a valid common format Category D visa for entry to an EEA State;
    a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002;
    a diplomatic or service passport issued by the People�s Republic of China; or
    a diplomatic or official passport issued by India; or,
    a diplomatic or official passport issued by Vietnam.

    Transiting to the Republic of Ireland
    Passengers must pass through immigration control in order to take a flight to Ireland. Visa nationals (and passengers qualifying for DATV exemption above) may Transit without Visa providing they fulfil the TWOV conditions and are properly documented for entry into Ireland.

    DATV nationals transiting to Ireland must obtain a visit visa - not a Visitor in Transit visa which is only for transit to a destination outside the Common Travel Area (Rules HC395 paragraph 47 refers).

    All visa nationals wishing to transit the UK but spend longer doing so than the 24 hours permitted under the TWOV concession must obtain a visitor in transit visa for stays up to 48 hours or a visit visa.

    Nationals of certain countries, which includes India - unless exempt as detailed above - must have a DAT visa to transit through the United Kingdom. The visa does not allow entry to the UK: other than to catch a connecting flight; leaving from the same airport on the same day; where you do not need to pass through immigration control to catch the flight. This is called Direct Airside Transit.

    More information about passing through the UK on your way in transit to another country is available on our Guidance - Transit page.

    Any dependants under 16 years old, included on your passport, can be included on the same form, but those older will need to fill in separate forms.

    Please make your application to Chicago, Los Angeles, or New York.

    If you are applying to our visa sections in the USA, you can now make your application and pay online though the visa4UK website.

    Notes:

    A valid U.S. immigrant visa packet (form 155A/155B) is a 'valid visa' for DATV exemption purposes.
    An expired I-551 Permanent Resident Card issued on or after 21 April 1998 when accompanied by an I-797 letter issued by the Bureau of Citizenship authorising its extension, exempts the holder from the DATV requirement.
    Holding either an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid U.S. visa; or a Transportation Letter instead of a valid U.S. Permanent Residence Card issued on or after 21 April 1998 does NOT qualify for exemption from the DAT visa requirement.
    Holding a valid travel document with a U.S. ADIT stamp worded � �Processed for I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL�. EMPLOYMENT AUTHORIZED� does NOT qualify for exemption from the DAT visa requirement.
    Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (e.g. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (e.g. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit on to a third country.





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  • jaireddy
    05-18 10:10 AM
    1. You should be 100% confident that it is not your attorney who screwed up
    2. Be able to convince anyone in 10 minutes that you filed within the timeline with evidence of receipt numbers, etc. The evidence is what counts.



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  • drona
    07-11 11:40 PM
    He is a legal immigrant himself and he understands the immigration system. It took him 15 years to become a US citizen.

    He is the Governor of California, the state with one of the highest employment-based green card applicants. Also one of the states with the highest Immigration Voice members.

    He is anti illegal immigration and recently made comments about illegals which created a furore (albeit among illegals and pro-amnesty groups, but they were heard). He might want to align with us to show he is pro-immigration.

    Come on members, let's work out a campaign to gain his attention. He wants to be a champion, so let's give him a cause.





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  • morchu
    05-05 02:02 PM
    Yes. This is probably one of the simplest RFE's to reply. Other members have provided enough details on what to include. Some more documents I can think of are:
    Dependent Medical Insurance, Joint Auto Insurance, Joint lease/mortgage agreement (joint residence), flight tickets of vacation trips together.

    Dont worry if you dont have "all" of the mentioned documents. I hear that USCIS attaches a barcode sticker for the reply, and having this makes them easier to track your reply.



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  • bestia
    10-31 03:03 AM
    ... but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.


    stylepoet, I don't see where is a problem for E2/EB5 situation for countries with treaties. The problem is for countries who don't have treaties with the US, and their people don't have a chance for E2. But on this I understand the position of US government. Look. You are allowed to do you business here, on E2. If you do a serious business then your business should worth at least $1m. If it is, then you will qualify for EB5. Also, you don't need to sell your business nowhere. $1m can be a loan (even from a friend or relative), anything. As long as it's a real investment, and as long as it's a legitimate business. I think it's fair.

    Also, I've read that CIS scrutinizes EB5 in great detail, since it's an easy path for all kinda bad people with money. But they approve if they are convinced that everything is legitimate.





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  • freedom1
    01-22 01:46 PM
    OK, I called the USCIS Customer Center.

    I gave them by mistake a wrong receipt #, the customer rep. couldn't locate my application so he transferred me to an Immigration Officer!

    The officer located my file. He said that my file was transferred back to the National Benefits Center from the Los Angeles office last week.
    He said that once the local office is done adjucating the application, then gets transferred back to the NBC. for final processing. He was unable to tell me for sure what the document they sent me says.
    He did not believed the letters is an RFE or denial, since these letters are sent by the local office while they still processing an application.

    I'll let you guys know when I get the letter.

    Freedom1.
    P.S.
    Telling them an invalid receipt # turned out to be great since I was able to speak with a real immigration officer, not just a customer rep. reading a script.



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  • simon03
    07-14 12:24 PM
    Can someone please confirm the renewal fee required for EAD application (I-765).

    My I-485 receipt date is Aug 2, 2007., notice date Sep '07.
    However, my AOS application was filed under the old fee structure ($395) pursuant to July 2007 bulletin.

    My company's attorney has submitted the application without fee, and USCIS has issued a receipt notice...i.e., they have not rejected the application.

    In 2008, I paid the renewal fee when I applied on my own.

    My understanding is that fee is required as per I-765 form instructions (page 7). My EAD is expiring mid of August and have been waiting, but not sure what to do

    1. Is there a chance that my EAD application will be approved without fee ?

    2. Should I just send checks and write cover letter on why fee is required ?

    3. Should I send another application, but this time with the fee ?



    Should I





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  • sanju
    06-30 03:55 PM
    EDITED BY MODERATOR FOR CONTENT:

    Does not mean to say this in any disrespectful way but the analogy I can draw for Ombudsman and Gautam is –

    Ombudsman ****************************** make as much noise as he wants but people can just chose to look in the other direction and ignore. Ombudsman has no power whatsoever. Reading the Washington Post article about Dick Cheney and learning from it how this administration works, I ask myself a question - when would someone get up to kick ombudsman ****************as he is simply documenting the inefficiencies of USCIS and this administration.

    Gautam – I saw this guy in CA at Rep Gutierrez meeting. ***************************************This guy talked to Rep Gutierrez in a derogatory and condescending manner and such immature behavior doesn't help the cause and it spoils the environment.

    FYI, ombudsman office replies to most people who write to them. They conduct bi-weekly conference call to find out problems of the people. They do it only to include these problems in their year end report. The objective is to document and show that ombudsman is doing what they are supposed to do i.e. document problems for the YEAR END REPORT.




    Gautam Agarwal...who was planning on going to Wharton based on the july bulletin... have you heard anything from the ombudsman office on this speculation of retrogression???



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  • jaggu bhai
    07-27 01:32 PM
    ravi

    ITU is accredited

    U.S. Department of Education Database of Accredited Postsecondary Institutions and Programs (http://ope.ed.gov/accreditation/InstAccrDetails.aspx?756e697469643d313731323136266 3616d70757349643d30267264743d372f32372f32303130203 23a32313a333120504d)





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  • jonty_11
    02-19 11:27 AM
    depends if u are india or china.....u shud only do EB2.
    Even for Rest of World - EB2 is btter...with MS + 2 is may be close but u may be able to qualify..with proper experience letters and recommendation letters.





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  • MetteBB
    05-11 01:48 PM
    Here's the new pear...

    only little adjustments





    acecupid
    06-12 03:58 PM
    This is terrible news !:eek:





    Ann Ruben
    03-19 03:21 PM
    There does not appear to be any rational pattern in PWD processing times. In fact, in typically unfair DOL fashion, it seems that PWD requests submitted in mid February are being approved in about 30 days or less while many submitted earlier are still languishing. So, submitting a second PWD request now might get you a PWD sooner than waiting for one submitted in January. The only down side in doing this is that it could further clog what is already a pretty dysfunctional system.

    Another issue of concern about the new PWD system is that it has been generating wildly arbitrary determinations some of which reference SOC codes and experience levels different from those on the actual PWD request. Not documents I would want to have to rely on in the event of an audit...