Tuesday, June 14, 2011

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  • 485Mbe4001
    06-13 11:58 AM
    My uncles GC's and Indian passports were stolen a few years back. it took them 6 months to get a new card, you cannot leave the country. Other than that they did not have major issues. File a police report keep copies of the report and all correspondence in safe deposit box. As a precaution put a hold on your credit at the 3 credit agencies.

    Hi All,

    We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?

    Please help us with any suggestions.

    Thanking you all.





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  • varakur
    08-10 07:24 PM
    Hello everybody,

    I just got my Labor done few days back. I am in India now, but looks like I have to file I140/485 before Aug 17th. For this, MUST I fly back immediately, or can I file from India (by couriering the required documents).

    How will this work for my wife (who is on H4 now)?
    If I only travel back to US, can I file for my wife too. Or I file it for myself, and file for my wife after Aug17th when she is back.

    Or MUST my wife also be present in US to file the I140/485?


    Pls advice.

    thanks,
    -Prasad





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  • rajeshalex
    03-17 11:06 PM
    This is normal. Preliminary processing means all documents are there and looks good. It doesnt mean it is complete. My wifes appln has been moved to MO with same message and I am the primary applicant. I got a mail yesterday saying my appln has been moved to a local office for interview.

    So the above means nothing but it looks good.





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  • ch102
    11-20 12:09 PM
    Just how bad is the backlog? (http://imminfo.com/Blog/articles.php?art_id=100&start=1)

    Following the release by the USCIS of their backlog statistics in September, many prospective immigrants began to reevaluate the idea of upgrading to higher preference classifications. Central to any such decision is the answer to the question �How long do I have to wait if I remain in my present classification?� The purpose of this article is to help applicants try and determine just how long that wait will be.

    The answer to that question, like most things, is complex. It depends on several factors that are unknown at this time. These include:


    � There is an unknown number of pending AOS cases that have not yet been classified or reviewed.

    � In the case of EB2, there is an unknown number of EB3 applicants who are actively in the process of upgrading to EB2.

    � There are additional cases in the pipeline, not accounted for by the available backlog information.

    While it is not possible to predict with accuracy precisely how long it will be before specific applicants will receive immigrant visas, it is possible to get some idea of the minimum waiting time. That is, it is possible to determine how long it will be, at an absolute minimum, before a visa number becomes available. The actual waiting time will be longer than the minimum time, but this will at least give people a rough idea of just what they are looking at.

    Let�s first look at the employment based second preference category (EB2). For purposes of this discussion, we will look at the visa waiting times for China, India, and Worldwide.

    The �Worldwide� chargeability area is �current� � meaning that there are more visas available under the quota that there are qualified applicants. This means that anyone chargeable to the Worldwide EB2 category has immediate access to a visa. This condition will remain so for at least the next several years.

    Because there are unused visa numbers within the EB2 Worldwide allocation, the remaining numbers may be used by people who are otherwise eligible, but for the single state limit (i.e., citizens of China and India). These applicants may use the leftover EB2 numbers as though they were chargeable to the Worldwide category, as long as visas remain available. That is, those with the oldest priority dates, irrespective of country of birth, are at the head of the line for EB2 visas.

    Let�s take a look at the backlog information for EB2 visas shown on the CIS website, arranged, by priority dates, area of charge and year:



    The Worldwide allocation for EB2 is roughly 40,000 visas annually, plus all unused EB1 numbers. For fiscal year 2008, a total of 35,590 employment-based first preference visas were issued. Due to the failure of the CIS to adjudicate enough family based adjustment of status cases, about 25,000 visas from that quota fell over into the employment based quota and a total of 70,135 EB2 visas were issued. For fiscal year 2009, there were considerably fewer family based visas available for use by the EB categories. For FY 2010, the State Department estimates that there will be only about 5,000 such additional visas available. For our purposes, we can assume that EB1 will have about 5,000 leftover visas and another 5,000 will become available from the family based quota. This means that the EB2 visa availability will be approximately 50,000 for this fiscal year.

    If we assume that all of the demand shown on the CIS website remains, and that there is no additional demand, the total of pre-approved EB2 cases pending before the CIS with priority dates earlier than 2007 is almost 52,000. In reality, this demand represents about two-thirds of the actual demand, so the likelihood is that the EB2 cutoff date will not move beyond May, 2006 by the end of fiscal year 2010 (September 30, 2010).

    If the EB2 cutoff date does reach May, 2006 by the end of FY 2010, then it would likely reach the end of calendar year 2008 (and probably go into early 2009) by the end of fiscal year 2011.

    A word of warning is in order at this point. Our office alone has received about 150 inquiries in the last couple of months by people with established EB3 priority dates who wish to file new PERM applications so that they may qualify for EB2. When they do, they will take their EB3 priority dates with them. This means that they will enter the EB2 waiting list at a point much earlier in time.

    Our office is but one of many receiving these inquiries. I have to believe that somewhere between 7,500 and 12,000 people are actively in the process of upgrading their preference classifications right now. As the months progress, this number will increase. All of these people will move onto the EB2 waiting list with older priority dates, in some cases as early as 2002. When this happens, it will push those with more recent priority dates back in line, increasing the time they must wait for visa availability
    ..........
    .........



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  • jtad
    07-25 04:53 PM
    This idea is ridiculous. Blood donation is a sign of protest????? If you think giving blood is so bad and you want to protest in that way, you will not gain sympathy.

    THIS IS A BAD IDEA FOR A PROTEST!

    Saying that the idea is rediculous is what is ridiculous. Respect others way of thinking, agreeing or disagreeing is different. Criticize polietly...
    Where did you get the idea that to protest means to do something "bad"?...





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  • mhathi
    01-09 01:46 PM
    it is not advisable to leave US while your extension is being processed. I would suggest waiting for it to get approved and then schedulingan appointment (in India) or in canada before leaving for india and get the new visa stamped.



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  • prom2
    09-24 10:14 PM
    I have bad credit will that effect my Green card?


    Did you mean master card?

    Good luck !





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  • kondur_007
    10-16 04:29 PM
    Thanks so much for your reply. I think it will always a good idea to keep USCIS inform about your working condition since this is 'Employment based' case.
    For AC21 I think I will need to match following:

    1. New employment letter which should describe duties which 'must' be same or similar to what was mentioned in my labor certificate.

    2. Start date/salary/position title

    3. Any Benefits if provided.

    Do I need any document from sposerer employer? Do I need anything else?
    Thank you and I appriciate your help.

    You are welcome.

    If you do decide to file AC 21 papers with USCIS; please, please take the help of a good lawyer!
    The lawyer usually send the cover letter justifying the "same or similar job" salary, location etc. This also depends a lot on what is in original PERM.
    Good lawyer will also draft the letter you will need from new employer. sometimes this may require to be less specific. (details are veriable). But it needs to be a "permanent job offer".

    Good Luck.



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  • brij523
    02-21 05:06 PM
    Sorry for the confusion.





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  • sw33t
    07-26 01:03 PM
    I am in!



    Anyone else?



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  • Blog Feeds
    01-14 08:20 AM
    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj7FOWiBGYdZW-v98EzDCoJ7cmSSn4Iz_E5WdCxpllyIo61DxKItQ4wLNZ8G4LUf4jrLYTUrvKUeJ1XERBCdMFWcafh3dCsKdbEd5lqXPqj82vSOcDsEjY1IQQos0t1RiQkcTZZcbhrI8Gq/s200/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj7FOWiBGYdZW-v98EzDCoJ7cmSSn4Iz_E5WdCxpllyIo61DxKItQ4wLNZ8G4LUf4jrLYTUrvKUeJ1XERBCdMFWcafh3dCsKdbEd5lqXPqj82vSOcDsEjY1IQQos0t1RiQkcTZZcbhrI8Gq/s1600-h/uscisLogo.gif)

    The US Citizenship and Immigration Service has issued a long memorandum (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf) on what constitutes an "employer-employee" relationship for H-1B purposes. This should be especially interesting to H-1B workers and employers with consulting or contracting arrangements.


    US immigration regulations (8 C.F.R. 214.2(h)(4)(ii)) require, among other things, that a H-1B petitioner "Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee"


    CIS acknowledges that the lack of guidance defining what constitutes a valid employer-employee relationship has caused problems, especially when employees such as consultants or contractors are placed at 3rd-party sites. In these situations, the petitioner might not be able to show the required control over the employee's work. CIS considers that the "right to control" the employee's work is critical. The memo stresses that the right to control is different to actual control. To analyze the control, CIS looks at:


    Does the petitioner supervise the beneficiary and is such supervision off-site or on-site?
    If the supervision is off-site, how does the petitioner maintain such supervision, i. e. weekly calls, reporting back to main office routinely, or site visits by the petitioner?
    Does the petitioner have the right to control the work of the beneficiary on a day-to-day basis if such control is required?
    Does the petitioner provide the tools or instrumentalities needed for the beneficiary to perform the duties of employment?
    Does the petitioner hire, pay, and have the ability to fire the beneficiary?
    Does the petitioner evaluate the work-product of the beneficiary, i.e. progress/performance reviews?
    Does the petitioner claim the beneficiary for tax purposes?
    Does the petitioner provide the beneficiary with any type of employee benefits?
    Does the beneficiary use proprietary information of the petitioner in order to perform the duties of employment?
    Does the beneficiary produce an end-product that is directly linked to the petitioner's line of business?
    Can the petitioner control the manner and means in which the work product of the beneficiary is accomplished?
    The CIS Memo describes various different employment relationships, and states whether they meet the regulatory requirements. Those which CIS considers do not comply with regulations include:


    Self employment;
    Independent contractors;
    "Job shops".
    The memo describes, in detail, the evidence that can be submitted to prove an employer-employee relationship, especially where the employee will be working off-site.

    The memo also notes that petitions must show compliance with 8 C.F.R. 214.2(h)(2)(i)(B) which states:

    Service or training in more than one location. A petition that requires services to be performed or training to be received in more than one location must include an itinerary with the dates and locations of the services or training and must be filed with USCIS as provided in the form instructions. The address that the petitioner specifies as its location on the Form I-129 shall be where the petitioner is located for purposes of this paragraph.

    The memo notes that to satisfy the requirements of 8 C.F.R. 214.2(h)(2)(i)(B), the petitioner must "submit a complete itinerary of services or engagements that specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time requested. Compliance with 8 C.F.R. 214.2(h)(2)(i)(B) assists USCIS in determining that the petitioner has concrete plans in place for a particular beneficiary, that the beneficiary is performing duties in a specialty occupation, and that the beneficiary is not being "benched" without pay between assignments." Submitting a detailed itinerary for the next 3 years will be very difficult for many employers who place employees out on contracts.

    This memo has just been published today, and there will undoubtedly be many more rticles published that analyze the provisions.









    https://blogger.googleusercontent.com/tracker/2893395975825897727-2453679137512034994?l=martinvisalaw.blogspot.com


    More... (http://martinvisalaw.blogspot.com/2010/01/cis-issues-memo-on-employer-employee.html)





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  • Jyothi
    01-25 09:57 AM
    I support this.. Please draft the letter



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  • americandesi
    03-01 06:56 PM
    Don't worry, you will be let in after completing 3 years outside of Canada. But don’t wait till the last moment to make your move

    Here's the link from CIC Canada on residency obligation

    http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp

    If you have been a permanent resident for less than five years then you must show that you will be able to meet the minimum of 730 days physical presence in Canada at the 5-year mark.

    When you land in Canada by October 2009, the immigration officer at POE will determine if you would be able to meet the 730 days requirement at the 5-year mark. If so, he will let you in.

    Once you're in, make sure that you don't travel outside of Canada even for a single day for the next 2 years, failing which you will loose your PR instantly.

    Also make sure to keep records of your ties with Canada from day one (like house rent receipts, utility bills etc..) cuz you might need those while renewing your PR at the end of the fifth year. Good luck!





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  • paskal
    08-01 12:21 AM
    you have a G28 for every petition
    even if you did not, it's not mandatory
    they can't reject anything for lack of a G28
    it's entirely optional



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  • WAIT_FOR_EVER_GC
    08-05 01:42 PM
    when we do not know what is in the bill why are we assuming he will be calling for
    adjustment of status to Legal Immigrants.

    Grow up.................
    If the title of this thread is what is in the bill then there are so many hurdles before it will even be voted on.

    So relax and smile like pappu :) :)





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  • eers
    07-09 11:24 PM
    i think this was kind of last minut call.. so lot of DC area people may not have known about the plan to be presnet there..

    wish i could help.. but i m not in dc area ... is it possible to send an ADMIN email to every one? ..



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  • validIV
    02-03 10:40 AM
    I have the same A# on my I-140 receipt, I-485 receipt and EAD. But my EAD and I-485 uses my 2nd name as my middle initial whereas it is correct on my I-140.





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  • horus
    10-25 10:17 AM
    The online status of your H1 petition is irrelevant when you obtain a SSN card. If the SS people are making it a problem, what they are doing is ILLEGAL. They probably lack essential training for a SS employee. They should accept the notice you show them as proof of approval. If they do not, they are supposed to accept your application for a SS card pending further verification, where they manually contact USCIS and verify your approval (through electronic SAVE, or traditional SAVE forms).

    If they refuse, demand to ask for a supervisor, and explain that online statuses sometimes never get updated because USCIS is not required to do so.





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  • pa_arora
    04-21 04:26 PM
    Someone told me recently, if ur on EAD and 485 gets rejected, ur H1 can be reinstated. This H1 will not be from the cap and you will only be getting the left over time from 6 yrs.

    Is it true, if yes, can someone thow some light on this.





    sodh
    07-11 02:37 AM
    Lage Raho Iv Bhai





    lazycis
    01-13 04:47 PM
    I live in northern california and has written letters to congressman, first lady but not response.

    Northern Cal is arguably the best district to file Wom. You can give it try. What is the USCIS response?



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