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  • ampudhukode
    03-24 06:57 PM
    Tom,

    He is in India and has always been so is there an equivalent of W2 there ?

    The other option may be possible, get something for car loan and so on.

    ampudhukode

    You may not need the exp letter from the current company for stamping if the H1 is for another firm. You may better keep the w2 and/or 3 recent paystubs. How ever, you can request exp letter from the company for any reason. (Example: Applying for loan/home, etc). It does not matter whom its addressed to as long as it contains your job start date, salary, etc.





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  • number30
    10-08 02:01 AM
    My son is a US citizen/passport holder and we are planning on applying for a PIO for him at the SFO consulate. I have the following questions on how he could use the PIO card

    1. How can he use the PIO card to enter and exit India?
    a. Does he simply show the PIO card, US passport to enter and exit India?
    2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
    a. Do they return the PIO application and its supporting documents before visa could be applied?
    b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa?


    For PIO Usually it takes two weeks if you go personally. They will will tell you the date upfront. For PIO They do not take original passport. Hence you can apply for the visa even two days before departure.
    Just FYI While applying for PIO or Visa both mom and dad needs to sign otherwise they will send it back.





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  • pathmaker
    09-22 08:56 AM
    Hello,
    Anybody has information to offer for such a case ?
    Thanks.

    write the following on the envlope using marker
    DO NOT OPEN IN THE MAIL ROOM

    and address the package to director of the service center also include the evidance that you have applied when the visa bulliten is current





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  • Ramba
    05-04 06:35 PM
    thanks, thats a nice and sensible explanation. Thats true long absense can effect adversly, if some one is on h1.

    In most cases, if employer thinks that the employee will retrun to USA after 5 or 6 months and resumes the work, they usually won't revoke H1B. Therefore, you can come back after 5 or 6 months, if H1B approval and visa is still vaild. The key is, you should not be in US payroll and earn US salary while working in India. This will be the violation of LCA.



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  • HV000
    03-09 01:26 PM
    Can somebody recommend/suggest good immigration attorneys in Chicago for filing G-28 and AC-21?





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  • fatjoe
    09-06 01:41 PM
    Somewhat the same situation happened to me, and my attorney advised this in order to avoid the filing:
    You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.



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  • sreedhar23
    07-05 11:33 AM
    Not a word said about this I485 fiasco on the two mostly watched networks (CNN, ABC). Why can't we try to get their attention in this matter. Please suggest ways of getting this published in the above networks.





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  • Beemar
    12-13 01:22 AM
    Without you we would have never known this breaking news.

    The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.

    The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply

    EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.


    thanks
    ram



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  • saileshdude
    08-26 03:20 PM
    My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
    On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
    In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
    The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
    Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
    What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.

    Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.

    Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.

    Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.





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  • dvb123
    02-15 02:25 PM
    1) The per country limit for countries is 7% and for dependency is 2% . The FAM manual lists dependencies. Greenland is listed as a dependency. Greenland became an integral part of the Kingdom of Denmark in 1953.


    FAM Manual

    http://docs.google.com/viewer?a=v&q=..._ta2BfQz-cTCTg

    2) If Greenland which is a part of Denmark can be listed as a dependecy be classified as dependencies and given their 2% share each why cannot overseas Union Territories of India be classified as dependencies

    Union Territories of India which are Islands (overseas from the governing foreign state i.e. India)

    Andaman and Nicobar Islands
    Dadra and Nagar Haveli
    Daman and Diu
    Lakshadweep


    http://india.gov.in/knowindia/union_territories.php

    United Nations list of Non-Self-Governing Territories - Wikipedia, the free encyclopedia

    http://en.wikipedia.org/wiki/United_...ng_Territories





    3)


    22 CFR 40.1 - Definitions. - Code of Federal Regulations - Title 22: Foreign Relations - vLex

    (f) Dependent area means a colony or other component or dependent area overseas from the governing foreign state.

    http://cfr.vlex.com/vid/40-1-definitions-19720333



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  • adi787
    11-11 07:58 PM
    Hello RamK:

    Would you please share your exp here?

    Were you able to invoke AC21?

    Also, can I have my H1B extended after 6th year( 3 yr ext), based on 140 approved.





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  • brb2
    04-16 10:40 PM
    Advanced degree = MS and higher

    Generally STEM - Science, Technology, Engineering and Math all fall under Science/Engineering colleges. Anthing out of this college including MBA, MA, Accountancy, Marketing etc are not included in STEM.

    I am wondering if social science degrees would qualify as STEM. Some examples are -

    MS in Psychology
    MS in Administration and Criminal Justice
    MA in History
    MA in Political Science
    MS in International Relations
    What would be considered STEM

    --------------------------------------------------------------------------------

    What would be considered STEM? Would all professional that are eligible for H1B such as an Accountant or an MBA in Finance or Marketing be considered STEM? Or its just S T E M?



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  • geevikram
    11-21 09:29 AM
    IV is trying. What did you do?





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  • diptam
    07-01 03:21 PM
    The expenses are definitely required - i probably did more renewals and visas than you but that was borne by my H sponsor employers in all cases. Why did you pay on your own ?? Generally peoples who gets paid in Bill rate and make very good money they pay on their own and they don't care 20-25K given the enormous money that they made in 6+ years of H clock.

    Regarding GC - my employer paid LC fees, 140 fees and i picked up the fees for 485/EAD/AP because i wanted control on the AOS. I dont want RFE letters to go my employer or their pet lawyer when i've ported off to somewhere else.

    Push your employer - why they are called sponsors in H1 based immigration system ?

    20K = Using an attorney for H1B Visa, 4 H4, Renewal of H1B Visa + 4 H4, Sponsorship Company got bought and change name = Re-Issuing H1B Visa, PERM Process....

    But still.... people ask why illegals just don't come here legally?????? :mad:



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  • acecupid
    08-27 10:15 AM
    Definitely possible. I know collegues in my company who have done that.





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  • lskreddy
    07-02 04:36 PM
    I said they decided to process EB2 140s over EB3 140s because there were more approvable cases in the former set. I did not say they are approving 140s based on PD.

    I didn't imply that you were saying that USCIS is approving based on PD's. I agree with your statement in full that they processed EB2 I140's to utilize the visa numbers.

    But, approving that are not eligible for those visa numbers (like mine) are also happening in abundance and that to me is just weird. It is prioritizing one application over another for no apparent reason.

    I have no complaints as I benefitted from it but on the other hand it makes me fume as my other has been pending forever.



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  • bekugc
    04-18 04:15 PM
    the main grey area for n2b is --

    when he used ac21, if he had done h1 trnasfer and started work after getting h1 receipt, then there is NO qn at all that he is OK. he can work at new plc, his GC keeps going fine.

    but in his case, he jumped to EAD (lost his nonimmigrant status temporarily) and is trying to jump back to H1 status.

    im not sure but i think u shud be OK.

    - in one of rajiv khannas free conf call. one person had used ead/ac21 and had received "intent to deny 485". he was asking rajiv what shall i do if it gets denied?.
    rajiv said, u can fight ur denial for sure, but immediately ask ur company to tranfer ur h1 based on reason that u have an approved 140. and once u get recept u can continue to work and stay here and fight the denial if it happens.





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  • sajidmd
    02-01 10:44 AM
    It doesn't take long... encourage everyone to do it so that we can be considered for the list next time.





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  • sdudeja
    01-31 04:42 PM
    I am just waiting and watching what comes next. My only thing is if it was for the FP notice, it was mailed about 20 days before the date when it says 'document mailed' for the final stage. You are right for no one knows what they are going to do with your case. Lets seeeeeee.:rolleyes:





    andy garcia
    02-08 09:01 AM
    What is the difference between L1B and H1B? Why don't companies hire on L1B when H1B's are over? Thanks.

    Macaca:
    These are the descriptions for L visas.
    L-1A/L-1B.

    An L-1A is an alien coming temporarily to perform services in a managerial or executive capacity for the same corporation or firm, or for the branch, subsidiary or affiliate of the employer who employed him or her abroad for one continuous year within the three-year period immediately preceding the filing of the petition, in an executive, managerial or specialized knowledge capacity.

    An L-1B is an alien coming temporarily to perform services that entail specialized knowledge .......

    All it takes is a greedy lawyer to get them.:mad:





    ramana_akp
    12-17 06:33 PM
    PD FEB 2003 EB3
    Service Center: NSC
    Application-type: I-140 Approved in May 2007
    Application1-485 Sent: June 27, 2007
    USCIS Receipt Date: July 3, 2007
    GOT FP,EAD's and AP's in Sep 2007
    USCIS Notice Date: NOV 28, 2007 We mailed you a decision
    USCIS Notice Date: Dec11 Mail returned undelivarable.