Sunday, June 26, 2011

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  • CADude
    02-16 02:14 PM
    Hope for best. Good Luck.

    As another member already indicated , I already mentioned my PD, country and EB category in my post.

    Anyway, I had already waited 7 years in the GC process before recently coming across this forum and choosing this handle name when joining. Guess you could say that I was prepared to dig in and stay for the long haul if required which is why I chose that handle name. A few ups and downs/ forwards & backwards (even if in years !) in the priority dates won't deter me much now :).
    Although, I could just be drunk with euphoria of my PD becoming current in March and blabbering away pompously. So don't you steal that login (pessimystic) away from me ! I reserve the right to choose it if and when I feel so :)





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  • walking_dude
    11-19 05:07 PM
    As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )

    DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)

    http://www.onetcodeconnector.org/

    Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00

    This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.

    Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).


    How do Promotions impact one's existing GC application?

    for example: one filed for the GC as a Software Engineer, 5 years down the road one switches to a different company in the same area/location using EAD (avoiding AC21 for now) and the salary is 30 % higher than that was mentioned on one's LC filing and the job title is sr software engineer (same or similar responsibilities, senior title). How would something like this impact one's GC application?

    I also wonder what would happen to the GC application if one was to get another promotion and become a manager with even a higher salary (some job responsibilities stay the same and some new managerial responsibilites get added).

    I am sure many of us would have faced this since clearly many of us have been waiting for many many years - I would really appreciate your input on this. Thanks!





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  • vinzak
    11-13 11:37 AM
    Jamaica does not require visa for Indian citizens, regardless of US status. One of the very few countries where Indians can go w/o visa along with Thailand and Hong Kong.





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  • kannan
    04-13 12:08 AM
    Hi,

    Are you going to file AC21 now or going to reply Rfe without filing AC21.
    Is your lawyer frogamn from CA? Did they infom you about Rfe if not how did you get the Rfe mail.

    Thanks




    I have a phone call set with my lawyer. I am going to listen to his recommendation. However knowing how others are handling similar situation will help me in taking decision.



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  • indio0617
    12-11 01:02 PM
    This new proposed rule will not matter for retrogressed categories / countries.

    It will affect the lucky few whose PDs are current and can file concurrently. It certainly looks like they are enforcing (FORCING) premium process I-140s down everyones' throat now. It is a very typical dirty ploy from this administration.

    Think twice before you talk about corruption and bribes in third world countries. We all know how this system 'works' now...





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  • pankajkakkar
    09-20 05:58 PM
    Thank you uslegals.



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  • another one
    07-18 02:56 PM
    but this is a wish list..IV has some clearly defined actions


    Lets figure out the next course of Action for IV in the best interests of its members. Let's itemize each one of them and propose possible solutions. This thread is not for question / answers about individual situations but broad GC issues to be resolved by Govt/Congress/USCIS/DHS/DOL by way of proposing bills/acts/resolutions/amendments. IV must have done this but I didn't see an easy way of getting it.

    First we could categorize them into different buckets such as that IV did for the forums. Just made up some to give an example. Some gurus on IV can suggest a better categorizing

    Ex:

    1) Labor
    a) Allow one to get promoted instead fixing to of a fixed job position in the labor advt.

    2) I-140
    a) Allow One to file for two I-140's
    b) Have freedom to change employer when I-140 is pending





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  • rajuseattle
    09-18 04:00 PM
    I believe USCIS is trying to comlete the receipting job from all the Service centres.

    so you wont be sruprised if folks started reporting their receipt numbers start with EAC (for Vermont).

    Let USCIS do their job of receipting everyone who filed in July-Aug 2007.

    Ultimately processing will be done at USCIS NSC and TSC for I-140 and I-485 due to their bi-specialization program.

    So no worry be happy...Support IV



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  • HopeSprings
    07-12 02:25 PM
    Hey guys this is interesting and useful info and AILA and AILF should take note of this.

    If they approve EB3/India/APR2004 and EB2/INDIA/AUG2005 saying the dates were current on Jul1 or Jul2 , applying the same logic they can't reject applications that were files when the dates were still current. And also give fair chance to others to react between bulletins.
    You are right, priderock. If indian2006 is willing, his case can be used as an example by AILF but I think we should be happy for those who got approved and spare them any more trouble.

    However, looking at indian2006's case, I had one question.
    If they allocated visa number on 1st July then, why was the approval done on 10th? I think in one of the earlier posts it was mentioned that they need to use it in 7 days or else return it to DOS.





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  • nonimmi
    06-15 02:33 PM
    You can just walkin to Dr Stern office. Even if you have an appointment with them, you may have to wait 0.5-1.5 hours depending on the time you go. If you go on weekend or weekdays after 5 you may have to wait longer but afternoon should be faster. And there fee may be more than $350 if you need to get shots and xray. Hope this help.

    If you call them recp. will tell that appt is required but actually it is just walk-in and you may not get any preference ver people who walked-in.


    Please share your experience with us when done.



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  • bigboy007
    11-21 01:59 AM
    there is no "Permanent" Job in us, I assume you are now atleast 5 years old or having masters degree... we already have these in place...

    Why a asylee or gc lottery guy should be hired before a skilled person and he is not comparing apples to apples... no country limits and elimate backlog by recap anything else is waste of time ...





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  • saimrathi
    07-11 10:13 PM
    I think there is a concern here.. please dont undermine it.. after all if we can remember what happened at the Indian Consulate (http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/02/02/MNGHNNTLI81.DTL) It can happen anywhere....

    Sensitive data dumped at recycling center
    Indian Consulate tossed visa applications from business, political figures at S.F. facility

    David Lazarus

    Friday, February 2, 2007
    Thousands of visa applications and other sensitive documents, including paperwork submitted by top executives and political figures, sat for more than a month in the open yard of a San Francisco recycling center after they were dumped there by the city's Indian Consulate.

    The documents, which security experts say represented a potential treasure trove for identity thieves or terrorists, finally were hauled away Wednesday after The Chronicle inspected the site and questioned officials at the consulate and the recycling facility.

    Among the papers were visa applications submitted by Byron Pollitt, chief financial officer of San Francisco's Gap Inc., and Anne Gust, wife of California Attorney General Jerry Brown.

    "It's shocking and totally unacceptable," Brown said when asked about the incident.

    Information on the documents includes applicants' names, addresses, phone numbers, birth dates, professions, employers, passport numbers and photos. Accompanying letters detail people's travel plans and reasons for visiting India.

    "As we see it, the documents are not confidential," said B.S. Prakash, the consul general. "We would see something as confidential if it has a Social Security number or a credit card number, not a passport number."

    But security experts say it wouldn't be hard to obtain someone's Social Security number using the information available in the consular documents. They also point out that some of the Sept. 11 hijackers used false passports, which wouldn't be hard to obtain using data and photos from the documents.

    "This is absolutely sensitive information," said Charles Cresson Wood, a Sausalito information-security consultant. "It needs to be safeguarded."

    Pratik Sircar, deputy consul general for the Indian Consulate, said the office on Arguello Boulevard processes visa applications and other paperwork for 14 Western states.

    "We have a shortage of space," he said. "We keep this material for a year, and then we have to destroy it."

    However, the consulate didn't destroy the documents. Instead, it hired a hauling company in December to cart the boxes to the Haight Ashbury Neighborhood Council recycling center near Golden Gate Park on Frederick Street.

    The open-air facility is accessible to the public seven days a week. Anyone can walk through the gate and poke around.

    "We thought it was their job to shred the material as soon as they got it," Sircar said.

    Andy Pugni, general manager of the recycling center, responded that he doesn't know where the consulate got this idea.

    "We take in paper, put it in large containers and ship it off for recycling," he said. "That's all we do. We don't shred."

    Pugni added: "We assume anyone who brings stuff over here will be smart enough to destroy any sensitive materials. I wouldn't bring any of my own materials here."

    Alerted by The Chronicle to the presence of confidential documents in a corner of the recycling yard -- many of the white boxes were clearly marked "visa applications" -- Pugni had a truck brought in to haul the papers to an East Bay company that will boil them down and recycle them as blank pages.

    All that remained in the yard Thursday were remnants of the boxes.

    But a sampling of documents obtained by The Chronicle indicate that the boxes contained confidential paperwork for virtually everyone in California and other Western states who applied for visas to travel to India between 2002 and 2005.

    They also contained thousands of documents submitted by Indian citizens and people of Indian background residing in the region.

    "It's hard to believe that this is how confidential information is treated," said San Francisco resident Farah Champsi, who was born in Mumbai, formerly known as Bombay, and requested copies of her birth certificate in 2005.

    Her application ended up at the recycling center. "This is terrible," Champsi said.

    Visa applications were submitted by current and former executives of many of the region's leading employers, including AT&T Wireless Inc., Oracle Corp., Intel Corp., Microsoft Corp., Qualcomm Inc. and Williams-Sonoma Inc.

    The documents illustrate the extent to which major U.S. companies have established operations in India or rely on India for key services.

    A letter from Gap's then-CEO Paul Pressler accompanying the visa application for Pollitt says the company's CFO was heading to India for several days in April 2004 "for the purpose of visiting Gap Inc.'s sites and vendor facilities."

    After the application surfaced this week, Pollitt said he found it "both astonishing and alarming to learn that basic safeguards were apparently not in place to ensure the privacy of my personal information.

    "As a past victim of identity theft, I am painfully aware of how important it is to ensure personal information is well protected," he said.

    Another Bay Area exec whose privacy was jeopardized is Rob Haragan, co-founder of NetDevices Inc., a Los Altos company that specializes in network security. Much of NetDevices' research is conducted at a facility in Bangalore.

    Haragan, a former executive at Cisco Systems Inc., applied for a visa to travel to India in 2004. He estimates that he's since been to the country more than a dozen times.

    He said he was surprised to learn that his application spent weeks at a recycling center.

    "The consulate absolutely needs to correct this," Haragan said. "It's a breach of trust."

    Brian Biega oversees storage of internal paperwork at Redwood City software giant Oracle, so he knows a thing or two about the proper handling of confidential documents. He, too, applied for a visa to visit India in 2004, and his application also ended up at the recycling center.

    Biega didn't hesitate when asked how Oracle's famously truculent CEO Larry Ellison would react if boxes of sensitive information were left at a recycling center. "I'm sure I'd lose my job," he replied.

    At the Indian Consulate, Consul General Prakash said there may be a cultural dimension to the level of outrage related to the incident among Western visa applicants.

    "In India, I would not be alarmed," he said. "We have grown up giving such information in many, many places. We would not be so worried if someone had our passport number."

    Deputy Consul General Sircar said that in other countries, Indian officials are able to go to the roofs of their offices and burn documents they're no longer able to store.

    "In America, you cannot do that," he said.

    Sircar said the consulate would find some other way to deal with its excess paperwork in the future.

    Pugni at the recycling center said that shortly after he had the documents carted away, a representative of the consulate arrived at the facility.

    "He apologized for everything," Pugni said. "Then he said he was on his way to Best Buy to pick up a shredder."

    David Lazarus' column appears on Wednesdays, Fridays and Sundays. He also can be heard on Saturdays, 4 to 7 p.m., on KGO Radio. Send tips or feedback to dlazarus@sfchronicle.com.

    http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/02/02/MNGHNNTLI81.DTL



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  • DSLStart
    10-02 08:59 AM
    doesn't matter if H1 is expired and AP is current. You are still good to fly via frankfurt.

    How about coming back fron India to US on AP and expired H-1??





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  • vgayalu
    02-28 03:48 PM
    Friends,
    Guys at DC and others also working very well on this issue. Thanks alot.
    I am encouraging all my friends to contribute in addition to my self.
    Please spread this to all of our H1 or L1 holders.
    Vgayalu.



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  • jonty_11
    12-14 02:17 PM
    Well they will ask for police clearence form every country where u have stayed for 6 months or more after age of 18.
    So if he/she stayed for less than 6 months in singapore then its not even needed
    It is more than 6 months...and they started asking for Singapore Police Certs in early or mid 2005, before that they would check those out themselves..they may well still do that but ask for them inadvance now.





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  • va_labor2002
    06-22 03:55 PM
    I agree .. this should be tried. I do not know heard about this minister before,
    my apologies but by title of Ministry he seems to be a appropriate to apprach
    for help.

    The Ministry of Overseas Indian Affairs is headed by Vayalar Ravi, who has the rank of a Cabinet Minister. On the administrative side, a Secretary to the Government of India heads the Ministry.

    Presently, the Ministry is organized into three functional divisions and three functional units. Of the three Divisions, two are headed by Joint Secretaries. They are the Diaspora Services Division and the Financial Services Division.

    The Protector General of Emigrants (PGoE) heads the Overseas Employment Services Division. The Social Services Unit and the Management Services Unit are staffed with officers of the rank of Deputy Secretary. The Information Services Unit is headed by the Senior Technical Director (NIC).

    Check out their site;

    http://www.overseasindian.in/

    Ministry of Overseas Indian Affairs
    9th Floor, Akbar Bhawan, Chankya Puri
    New Delhi - 110 021, India
    Phone Number: +91(11) 2419 7900
    Email: contact@overseasindian.in


    Indian Embassy in Washington DC
    -------------------------------
    Chancery
    2107 Massachusetts Avenue, NW
    Washington, DC 20008
    USA - 20008
    Telephone: (202) 939-7000
    Fax: (202) 265-4351
    Embassy Hours: 930 AM - 600 PM


    Mr Vayalar Ravi is a good politician. He is very reasonable and educated person from Kerala. He was a lawyer by profession. He can understand our problems !



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  • gcfrustoo
    07-20 08:20 PM
    Hi,

    USCIS gives RFE for birth certificate related issues.

    Regards,
    IK
    Thanks Krish:-)





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  • Googler
    02-15 09:47 PM
    Ok, so my PD got current (EB3 India). What next?


    Optimystic -- is your PD current?

    IF you have a current PD RIGHT NOW...AND submitted your I-485 on or before June-July 2007... AND have an approved I-140

    (i) they are sweeping through all the files to find such files because if you filed your application in June-July 2007, 180 days have likely passed since your name check was submitted to the FBI. Name check request are made within weeks of generating a receipt for you.

    (ii) they plan to complete this sweep by March 10; UNLESS visas run out, they plan to process such cases in approx 60 days (hah! like I believe them).

    (iii) within the set of applications with current PDs, they apparently process in order of RD. Not sure if this is within the EB preference and current PD or across all EB preferences.

    (iv) Some cases are approved without any changes in LUD i.e. that amazing email arrives before without any prior LUD changes.

    IF you don't have a current PD, I have nothing to say except best of luck to all of us...the situation is pretty grim. The movement of EB-3 ROW will mop up most of the green cards left this year.





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  • pointlesswait
    05-05 08:37 PM
    I would consult an attorney to understand your residency status..
    usually at the time of filing your tax you do declare your residency status (like you are a resident of X or Y state..(if i am not wrong)..]
    I think its a legal loophole they are exploiting..sad;-(





    md_alien
    04-19 10:34 AM
    ^^Bump^^





    rsdang1
    08-20 03:44 PM
    Wasnt there some official from USCIS that said that EB2 from India with 09 priority date can expect a 5-6 year wait...

    I am sure some one here would have the exact quotes...



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