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  • Lasantha
    03-24 03:17 PM
    LOL - Yeah, you better grow a beard, cross the border and move to Mexico. You have been identified as a bad boy in these parts! :cool:

    I am exposed now.





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  • senthil
    02-06 10:59 PM
    good question. i guess you were thinking we both were on AOS stage.

    only im on adjustment of status, i havent filed for my spouse yet. i got married after reto kicked in. so the only option for her is to stay here is on H4 and to support that I had to stay on H1B, even thou i have EAD.

    hope this explains. thanks.





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  • ImmiLosers
    09-25 05:25 PM
    That is not true. Unless the second I-140 was filed(the EB2) requesting to use the earlier priority date, I dont think they will accept the Eb2 application with the Eb3 priority date

    They did for me...





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  • zofa30
    09-13 02:16 PM
    Hi,
    I am on Eb-2+PERM and get my PERM and wait for I-140 to be approved (by premium processing). I have 2 questions:

    1-If I my I-140 is approved but even though the PD (or visa number) is not available. If I left to a new employer can I port my PD when they then become available or if my employer revoke my I-140 I will also lose the chance or porting the PD to my new GC application (PERM + I-140) with the new employer?

    2- How much time I could save by porting my PD? does it depend on country of origin?
    Thanks.



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  • vdlrao
    08-06 02:21 PM
    Its a massive hit even to some staffing comps here

    It afftects staffing companies which ever has more than 50 employees, and 50% of them are not us citizens. Can some one confirm this please.





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  • syzygy
    07-11 06:07 PM
    I can make some calls too, I have been away so slightly lost on thread.

    Franklin,
    Please post once we have enough volunteers for the calls



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  • Dhundhun
    11-21 06:11 PM
    Please let me know the way to contact USCIS. Phone number or mail id. I tried contacting them through the 1800 number but it is an automated system, there is no human to talk to.

    I had problem with I94 and used the services of USCIS field office (San Jose) to get it fixed.

    If you want to follow my approach, you may find field office using this URL, get an appointment there, discuss it (that you are in US and check your records, if shows outside US, get it updated) and handover I-102.

    https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=LO

    Good luck





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  • yabayaba
    10-11 10:35 AM
    It not the right time to start campaign. All policians will be busy in elections an they may not hear waht we say. After elections may be the right time to do.



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  • logiclife
    03-25 09:19 AM
    OF times of india.

    Let us flood their office with phone calls asking them to stop publishing articles that dont make sense and put stuff up there that representative of both the side of the debate.

    Does this brainiac know that how many businesses have shut down due to lack of unskilled low-wage workers especially in the argicultural businesses? Not that its our job to make arguments favoring illegals - we have our own problems to deal with - however this article is titled wrongly and not supported by facts.

    I have never read timesofindia in last 2 years because of irritant 100 million pop ups of phonecards and airline tickets. The website just is basically not the same thing as print edition. The website looks like a tabloit coverpage.

    --Jay.





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  • continuedProgress
    06-08 02:35 PM
    My $50 (3626-8870-3772-9306) for this effort.



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  • austingc
    08-06 03:28 PM
    Folks, Let us not use this forum for non-immigration matters.
    This topic is posted under General Information > Interesting Topics

    Billu did not post this under immigration matter, so dont read it if you dont want to.





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  • rkumar18
    11-21 11:23 AM
    Cubans are politically active and highly vocal in advocacy of their cause. Are you?

    No they are NOT if you are talking about immigration!They are highly passionate and vocal in support for their own country and its leader (well are we???). Only reason they are enjoying immigration benfits is due to the US policy towards Cuba and its regime.

    Well I do agree with you that we should avoid highlighting such issues and channelize our time and efforts towards the betterment of our own cause.



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  • gc_check
    07-16 10:29 AM
    As core team migth be knowing the solution, Can you please provide us some information whether we should go ahead and file today.
    I don't think, anyone other than the USCIS/DOS will know the solution or whatever, at this time, untill the information is published to public. Applying AOS or not should be decided by you and your attorney. Not the core, Guess if the core has the updates that you are looking they might have updated in the home page :) by now...

    Well I'm also waiitng to see what would be the updates from USCIS, as my 485 papers are not yet submitted but ready to go and the attorney would make the decision based on how this truns out to be... WSJ article is the one that is updates in various website/blog. Have to wait and see...





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  • krishna_brc
    05-05 08:54 AM
    Yes, we don't need original I-485 receipt notice to travel.
    I traveled without original I-485.
    see below for USCIS note on this
    ----
    [Federal Register: November 1, 2007 (Volume 72, Number 211)]
    [Rules and Regulations]
    [Page 61791-61793]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr01no07-1]
    Rules and Regulations
    Federal Register
    __________________________________________________ ____________________
    This section of the FEDERAL REGISTER contains regulatory documents
    having general applicability and legal effect, most of which are keyed
    to and codified in the Code of Federal Regulations, which is published
    under 50 titles pursuant to 44 U.S.C. 1510.
    The Code of Federal Regulations is sold by the Superintendent of Documents.
    Prices of new books are listed in the first FEDERAL REGISTER issue of each
    week.
    DEPARTMENT OF HOMELAND SECURITY
    U.S. Citizenship and Immigration Services
    8 CFR Part 245
    [CIS No. 2420-07; Docket No. USCIS-2007-0047]
    RIN 1615-AB62
    Removal of Receipt Requirement for Certain H and L Adjustment
    Applicants Returning From a Trip Outside the United States
    AGENCY: U.S. Citizenship and Immigration Services, DHS.
    ACTION: Final rule.
    SUMMARY: This rule removes the requirement that certain H and L
    nonimmigrants returning to the United States following a trip abroad
    must present a receipt notice for their adjustment of status
    applications to avoid having such applications deemed abandoned. The
    purpose of this narrow change is to remove an unnecessary documentation
    requirement from the regulations that the Department of Homeland
    Security has determined causes an undue burden on H and L
    nonimmigrants.
    DATES: Effective Date: This rule is effective November 1, 2007.
    FOR FURTHER INFORMATION CONTACT: Carol Vernon, Regulations and Product
    Management Division, Domestic Operations, U.S. Citizenship and
    Immigration Services, Department of Homeland Security, 20 Massachusetts
    Avenue, Room 2034, Washington, DC 20529, telephone (202) 272-8350.
    SUPPLEMENTARY INFORMATION:
    I. Background
    Travel outside the United States for an alien who has filed Form I-
    485, ``Application to Register Permanent Residence or Adjust Status,''
    to obtain lawful permanent resident status under section 245 of the
    Immigration and Nationality Act (INA), 8 U.S.C. 1255, may adversely
    affect that application unless the alien takes certain steps before the
    trip. Most applicants must obtain permission from U.S. Citizenship and
    Immigration Services (USCIS) to travel prior to the trip, a process
    referred to as ``advance parole.'' See 8 CFR 212.5 (c) and (f). For
    these applicants, departing the United States without advance parole
    while their adjustment of status applications are pending results in
    automatic abandonment of the applications and constitutes grounds for
    denial. 8 CFR 245.2(a)(4)(ii)(A) & (B).

    III. Rulemaking Requirements

    DHS finds that this rule relates to internal agency management,
    procedure, and practice and therefore is exempt from the public comment
    requirements of the Administrative Procedure Act (APA) under 5 U.S.C.
    553(b)(A). This rule does not alter substantive criteria by which USCIS
    will approve or deny applications or determine eligibility for any
    immigration benefit. Instead, this rule relieves a document
    presentation requirement for certain applicants for immigration
    benefits. Specifically, this rule removes the requirement that H-1/H-4
    and L-1/L-2 nonimmigrants present a Form I-797 receipt notice for their
    adjustment of status applications upon readmission to the United States
    after a trip abroad in order to avoid having their applications
    abandoned. This document presentation requirement is unnecessary since
    it concerns information that is already available to DHS. This final
    rule merely eliminates an unnecessary burden on these arriving aliens
    and streamlines agency management of its processes. As a result, DHS is
    not required to provide the public with an opportunity to submit
    comments on the subject matter of this rule.
    Moreover, DHS finds that good cause exists under 5 U.S.C. 553(b)(B)
    to make the rule effective upon publication in the Federal Register
    without prior notice and public comment on the grounds that delaying
    implementation of this rule to allow for public comment would be
    impracticable and contrary to the public interest. As a result of
    USCIS's July 17, 2007, announcement that it would accept employment-
    based Forms I-485 filed by aliens whose priority dates are current
    under Department of State Visa Bulletin No. 107, USCIS received an
    unprecedented volume of employment-based applications for adjustment of
    status, including those filed by H and L nonimmigrants. Because of the
    recent surge in such filings, it will take several weeks for USCIS to
    enter the necessary data and issue Form I-797 receipt notices for
    employment-based adjustment of status applications. Therefore, it is
    important for this rule to take effect as soon as possible to avoid
    undue hardship on applicants who may need travel outside the United
    States prior to receiving the receipt notice.
    In addition, no substantive rights or obligations of the affected
    public are changed by this rule. DHS believes the public will welcome
    this change. The public needs no time to conform its conduct so as to
    avoid violation of these regulations because the rule relieves a
    requirement of the existing regulations. Further, this rule will have
    no adverse impact on DHS' adjudicatory responsibilities or ability to
    track the foreign travel of affected persons since DHS already records
    the admission of all nonimigrants. For these reasons, this rule is
    effective immediately under 5 U.S.C. 553(d)(1) and (3).
    This rule relates to internal agency management, and, therefore, is
    exempt from the provisions of Executive Order Nos. 12630, 12988, 13045,
    13132, 13175, 13211, and 13272. This rule is not considered by DHS to
    be a ``significant regulatory action'' under Executive Order 12866,
    section 3(f), Regulatory Planning and Review. Therefore, it has not
    been reviewed by the Office of Management and Budget. Further, this
    action is not a proposed rule requiring an initial or final regulatory
    flexibility analysis under the Regulatory Flexibility Act, 5 U.S.C. 601
    et seq. In addition, this rule is not subject to the National
    Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., Title
    II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. Ch. 17A, 25,
    or the E-Government Act of 2002, 44 U.S.C. 3501, note.
    Finally, under the Paperwork Reduction Act of 1995, Public Law 104-
    13, all Departments are required to submit to the Office of Management
    and Budget (OMB), for review and approval, any reporting requirements
    inherent in a rule. This rule does not affect any information
    collections, reporting or recordkeeping requirements under the
    Paperwork Reduction Act.

    List of Subjects in 8 CFR Part 245

    Aliens, Immigration, Reporting and recordkeeping requirements.

    Accordingly, part 245 of chapter 1 of title 8 of the Code of Federal
    Regulations is amended as follows:

    PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR
    PERMANENT RESIDENCE

    1. The authority citation for part 245 continues to read as follows:

    Authority: 8 U.S.C. 1101, 1103, 1182, 1255; sec. 202, Pub. L.
    105-100, 111 Stat. 2160, 2193; sec. 902, Pub. L. 105-277, 112 Stat.
    2681; 8 CFR part 2.

    2. Section 245.2 is amended by revising paragraph (a)(4)(ii)(C) as
    follows:


    Sec. 245.2 Application.

    (a) * * *
    (4) * * *
    (ii) * * *
    (C) The travel outside of the United States by an applicant for
    adjustment of status who is not under exclusion, deportation, or
    removal proceeding and who is in lawful H-1 or L-1 status shall not be
    deemed an abandonment of the application if, upon returning to this
    country, the alien remains eligible for H or L status, is coming to
    resume employment with the same employer for whom he or she had
    previously been authorized to work as an H-1 or L-1 nonimmigrant, and,
    is in possession of a valid H or L visa (if required). The travel
    outside of the United States by an applicant for adjustment of status
    who is not under exclusion, deportation, or removal proceeding and who
    is in lawful H-4 or L-2 status shall not be deemed an abandonment of
    the application if the spouse or parent of such alien through whom the
    H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the
    alien remains otherwise eligible for H-4 or L-2 status, and, the alien
    is in possession of a valid H-4 or L-2 visa (if required). The travel
    outside of the United States by an applicant for adjustment of status,
    who is not under exclusion, deportation, or removal proceeding and who
    is in lawful K-3 or K-4 status shall not be deemed an abandonment of
    the application if, upon returning to this country, the alien is in
    possession of a valid K-3 or K-4 visa and remains eligible for K-3 or
    K-4 status.

    Dated: October 15, 2007.
    Michael Chertoff,
    Secretary.
    [FR Doc. E7-21506 Filed 10-31-07; 8:45 am]

    BILLING CODE 4410-10-P



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  • gveerab
    08-21 11:06 PM
    Don't worry about GC, all these calculations are useless. Based on your luck your GC will be approved, not based on all these logical things.

    If you invoke AC21, that might trigger GC approval also. :D

    :D






    Thanks for your opinions.

    Sorry, I should have included my Category EB2 and Country India in the original post.

    I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).

    I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
    I am sure there are many on the board like me, and I guess I am looking for some courage, either way.





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  • gc_dedo
    03-30 04:42 PM
    I am not really sure why this really makes a difference. My perm was approved in EB3 in about 7 months but if I have to wait 30 years to get a GC what difference does it make ?!?
    It makes a difference for people who are porting from EB3 to EB2



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  • joeshmoe
    09-04 07:05 PM
    What was the Approval date on your I140?

    06 Oct 2006





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  • tapukakababa
    03-10 01:50 PM
    Person "A" on H1B with 4 yrs of experience, Green Card filed, EAD received (both husband and wife), I-140 pending, Wife Dependant (has her own H1B), Wife opens a training institute.

    1. Can "A" work for his wife and also get paid in check?
    2. Can "A" have a second job in his wife's company and retain his original job?
    3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
    4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
    5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
    6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
    7. Can "A" work as volunteer in his wife's company?
    8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?





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  • sanojkumar
    02-12 12:39 PM
    I have my visa valid till Dec 2008. But PP Expires on July 1st 2007. when I was entering US on Dec 30th 2007, They gave me I94 valid till july 1st 2007. So I have to extend my I94 once I will get my new passport for which i have already applied in Chicago. Does any one know, how many days it takes for passport renewal? I had sent my passport to chicago Indian consulate on jan 10th and still waiting.





    Hey Ram GC
    04-08 10:07 AM
    PD before 31st 01 that too EB3





    vnsriv
    04-07 04:50 PM
    Friends I have a Question. I went to my home country couple of months back, but somehow forgot to surender my I-94 at the port of exit. When I came back, at the POE(Newark)I was not asked any questions, and they issued me a new I-94. Yesterday someone told me that this could potentially affect my I-485 adversely OR whenever I travel to my home country again, they might cause problems during my re-entry. Just wanted to know what should be my action plan.

    Should I correct the records with USCIS, by sending them the I-94(Along with proof that I went to my home country).

    OR should I just say quiet and forget about this mistake?

    Gurus- Please Help

    Looks like you have pending of adjustment(I-485). At the time of filing I-485, you must have provided the photocopies of latest I-94. So relax. You don't have to resend unless you get an RFE on I-485 which is rare. I haven't heard anyone getting an RFE on missing I-94. They have no proof that you did not submit your I-94. Again, this is my own opinion and not a legal advice

    Best of luck



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