Thursday, June 16, 2011

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  • jonty_11
    07-06 10:30 AM
    From Oh law Firm - sorry if repeated - its the same news as this thread...Oh spin on it.
    ================================================== =====
    07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance

    * New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:

    "To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday’s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said."

    * The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
    * We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge.




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  • vparam
    09-24 03:23 PM
    VPARAM, can you pls tell me the procedure/process of opening a company? You can PM me if you want pls.
    i think I have stated it earlier...

    for handsfree , you could either do it through accountant or legalzoom.com once you set up the company, you need to get your Federal tax id for the company, then file for any local city business license ( few cities have that requirement), Open a bank account...

    Please PM me if you still have questions... In this thread I had posted my reply and also given the accountant details , who helped me...




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  • franklin
    09-28 08:11 PM
    Huge surprise

    Good job there aren't any inefficiencies in processing...

    ...Oh.... wait!




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  • phigi
    08-12 01:02 PM
    Is it legal to pass the fee hike to the employee? or is it like the Fraud Prevention fee which is illegal to be passed on to the employee..?
    this will change the equation until companies assimilate this in and find the work around! well, it definitely eats into their 'profit' i guess!



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  • skv
    08-12 05:32 PM
    Will do the same Diptam and Lonedesi! If employer asks us later : why did you send the letter, we can address it at that time.

    We have to take risk, we if want to some progess our I-140 cases.

    Good night and see you later.




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  • bidhanc
    03-11 10:51 AM
    I guess it's not a VERY GOOD IDEA THEN.
    In all the docs that I went thru I could not see a difference between
    "I-140 approved/I-485 pending and porting" and "I-140/I-485 pending and porting" (most docs refer to the latter).

    I am guessing when it comes to "porting", both are the same in the eyes of USCIS??
    (What I mean to ask is there any leniency with an approved I-140 and then trying to port?)
    Anyone see otherwise?

    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
    as per this document, you can port to yourself. (Question #8)

    But below are the reasons why I am backing off of opening an LLC on spouse name and porting to that.

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=8231099851

    also google 'UntanglingSkein_BIB_15jan07.pdf"
    http://www.morganlewis.com/pubs/UntanglingSkein_BIB_15jan07.pdf

    "This suggests, fairly clearly, that any communication to the USCIS per the Cronin Memo that the adjustment applicant intends to become self-employed is likely to trigger an RFE to inquire into the legitimacy of this arrangement. Legitimacy in this context is likely to be gauged by the concrete steps the beneficiary has taken in furtherance of the self-employment arrangement, understanding that only full-time and permanent employment will suffice for immigration purposes. Such steps would include the completion of legal and corporate formalities, the securing of financing, the purchase or lease of business premises and equipment,the development of a detailed business plan, the hiring of employees, and any other measures typically taken in the establishment of a business. Vague aspirational statements, however ambitious, about future plans to develop a business are unlikely, in the absence of tangible proof, to be accepted as probative of the requisite legitimacy of the self-employer and job offer."

    Also, one relevant footnote in the document -

    "At the AILA National Conference in 2003, a USCIS officer indicated that an attempt to invoke �106(c) in a selfemployment context is likely to raise �a big red flag� for an adjudicator, and that self-employment may be viewed as �an easy alternative� for aliens who are unable to find employment to sustain their adjustment-of-status applications. Schorr & Yale-Loehr, supra note 2, at 499. It should also be noted that the Memos view the possibility of an adjustment applicant becoming a public charge (and thus being inadmissible under INA �212(a)(4)) as being �a relevant inquiry� and that an RFE requesting information about a self-employment arrangement is likely to probe whether or not the applicant has sufficient financial resources to avoid becoming such a public charge."



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  • Jaime
    09-12 04:45 PM
    Will do more tonight




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  • priti8888
    06-26 01:51 PM
    What is america losing?

    Lets take a typical example:

    My friend and his wife both have jobs here. They pay around $50K-60 income tax (approx) as a couple.

    They have 10 yrs of exp. (approx) or have masters degree. They have a decent bit of 401K. And about 30 years of career left. They also have capital investment in India which is growing at a good pace.

    Now if even one is forced to go back I am sure both of them will go back to India or wherever they are from. Makes sense?

    So what are they losing by going back to India? Some $$$$. Thats all? No debt. no hassle, just semi retirement early enough.

    Now think about 100 couples like this?

    Now think about 1000 couples like this?

    1000* 60 K = $60 million of taxes and social security lost. Who is going to pay the troops in Iraq? Or the USCIS dumbo? Will he have a job to do if we leave?
    And if we leave who is going to pay the medical bills of the baby boomer who needs medicare soon?

    Lets say, they replace us with younger workers. what will be their salary? 50K or 75K. lets say 80 K. Chances are they are single. If they are married. Will their wife work immediately. If no, they are collecting taxes from him at a married rate while his spouse has no income. If his wife is educated, how long will she want to live on H4? If she doesnt get H1 will they both go back or stay here endlessly? Chickens (americans).

    How much tax will they will pay? If they are on F1 EAD, even better, they dont even pay social security.

    Of course we lost $$$$ income, but we are not in so much deep shit as US would be if they lose 1000 couples, just 2000 people.

    Now lets say we go to India and undergo semi retirement. Fine, US companies maintain competitive advantage and they gain most. But if we decide to continue to excel, can not such 2000 start a formidably competitive business? Who wins? India or USA? Or will they start multiple businesses?

    Its about the numbers. If 1 or 2 dont get GC , it doesnt matter. But if thousands are impacted, most of them smart people, it will hurt someone here or many ones.

    What have we really asked for in return? Just a piece of plastic that will let us live and contribute like everyone else here.

    They have a problem with that too. Bloody morons.

    For how many years this game of making people fools will continue? Message spreads fast. I am already telling my junior relative what to expect in America.


    I totally agree with you, but think about this.

    For every couple who plan to leave, there are 5 couples anxious to replace them. Do you know the % of visas approved vs visa applicants?.The 5 couples could be from anywhere, not just from india where the economy is in good shape.

    My point is that America does lose when someone goes back.But the loss is on a very very micro level----and replacement is not that difficult.



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  • chanduv23
    11-08 03:07 PM
    Gurus,

    I am about to switch jobs using EAD. I am worried that if my current employer revokes my 140, CIS may by mistake cancel my pending AOS. I am mentally prepared for this and talk to lawyer to be ready to file MTR in this case. However here is my question.

    1. Will this immediately cancel my EAD? if so, I may have to resign.
    2. If I continue working while filling for MTR, will it be illegal?
    3. How much it costs to go thru' MTR process? How long it takes?

    I read on some other website that denying 485 doesn't automatically cancel your EAD. Any inputs?

    see my blog http://immigrationvoice.org/forum/blog.php?b=12




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  • HopeSprings
    12-23 09:56 AM
    bad economy of 2009 is irrelevant to PD movement because of the huge backlog of pending cases. Just see the stats the USCIS had released earlier. Also, PERM applications dont take visa number. A visa number is allocated when a 485 is being approved.

    So EBI reaching 2008 is almost certainly a zero possibility unless there are some legislative changes. There are simply too many pending cases from 2005, 2006.

    Well, bad economy and less number of PERM applications in 2009 are very relevant to EB2I movement. Note that EB2I gets only around 3200 visa numbers every year in its quota but the number of spillover visas it gets from ROW has been around 12K-15K in past years. The visa spillover depends on how many visa numbers are left in ROW category. Less number of PERM applications in 2009 means less number of ROW cases filing 140+485 and thus less number of visa applications requested. Since, ROW is current, 140+485 can be filed as soon as the PERM is approved. PERM applications from ROW applicants filed in 2009 and early FY2010 will be able to move to 140+485 stage in FY2010.

    However, movement of EB2I may be slower because of porting. Lot of people I know, have started the process to port their cases from EB2 to EB3 in 2009. This number can be substantial.



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  • Winner
    06-11 03:04 PM
    I keep reading we should fight for out rights and all. I am just curious
    where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
    And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.

    You got me all curious now, if you accept the status quo, why are you here in this site as a member? Don't get me wrong, but I'm curious to know what is your objective in becoming a member of IV.




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  • sravs1234
    01-10 09:36 PM
    Thanks sy. I fully agree it's the agent we deal with. My BOA loan coordinator is extremely stubborn & doesn't have any clue regarding immigration. From day 1 she is stuck on unexpired I-94 & till today she asks me to furnish that. Is it possible that I can contact you or any of your friends through email / phone & discuss to check where I am going wrong. I can furnish my contact details if needed.

    I am not how comfortable my friends would be, but, you can certainly contact me for any help/details you may want. sumanthyenduri@gmail.com is my email address.

    sy



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  • pcs
    07-05 01:17 PM
    Search the address on Google, make a call & just make one visit with the printout of the Congresswoman's letter ( downloaded from IV home page) & copy of WSJ news & EB Bulletin & reversal memo on 2nd July

    It is easy

    In fact these Congressman office staffs are sitting idle like me ( may be you) . They are really happy to receive someone like you.

    Trust me, I am not joking .....




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  • needhelp!
    09-12 07:30 PM
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    Printed Letters being mailed to:
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  • insbaby
    08-13 04:45 PM
    EB-3 won't need help when everyone else is done because the only people left to allocate visas would be EB-3 only . I guess we are just in for a long long wait.

    That situation never occur. EB2 is going to be always filled up. No one is going to apply in EB3 in future and all in EB2, so all will go to EB1,EB2.




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  • vine93
    05-10 02:49 PM
    First I called my few freinds in MT, WY and RI. Passed on info them since they are local.
    Then I called all of them . Now a days they do not even transfer to the right person who deals with Immigration issues. They just ask for the message and pass on to them .

    Well..I did my part.

    Thanks.



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  • ashismaity
    03-10 02:28 PM
    http://www.wamu.org/programs/dr/

    March 10 11:00The Immigration Debate
    Some activists believe the U.S. needs a fence along the entire U.S.-Mexico border. Diane talks with her guests about this idea and other proposals from Congress in the latest round of the immigration debate.

    Guests
    Steven Camarota, director of research at the Center for Immigration Studies

    Frank Sharry, executive director of the National Immigration Forum

    Colin Hanna, president of Let Freedom Ring. Let Freedom Ring is the parent organization for www.WeNeedAFence.com




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  • immm
    07-18 06:13 PM
    Now we can take the thread back to the original issue Order Of I-485 Processing.

    Back to the original thread

    With this July VB fiasco, thousands of people with the recent priority dates will be able to apply alongside the applicants with much older priority dates and depending on how the USCIS issues the receipt notices or how fast their lawyers can file, some with older priority dates will fall behind in terms of receiving the receipt dates.
    Note: Even a few days' difference in receipt dates could matter due to the quota when thousands apply in the same month

    So the question on the table is:

    How would USCIS process the cases now that many recent priority date filers were able to beat (sarcasm:thanks to DOS and USCIS!) the older priority date filers in getting the receipt notices?

    .




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  • kevinkris
    07-14 01:23 PM
    Conf Number: 7YB0F-K01XZ




    alterego
    09-11 11:54 PM
    Dear XXXX,

    The issue of comprehensive immigration reform has received widespread coverage in the media over the last few months.
    The issue of legal immigration, though a part of the CIR was less controversial and therefore sadly received less coverage.
    Legal employment based immigration represents just 14% of all legal immigration and comprises mostly of high demand skills such as scientists, doctors, engineers, and other such occupations which in addition to filling an unmet need, creates further employment opportunities in the US economy. These are also the occupations that represent the most vital human capital of the 21st century for US economic competitiveness. Many of these people are US educated atleast in part and are currently gainfully employed and contributing to this vibrant economy.
    Unfortunately the current immigration policy is doing a great injustice to this group of individuals who have quietly and patiently been waiting their turn. Many have waited 5-10 yrs and are still awaiting their green cards. The current backlogs are ominous.
    Many have organized into a grassroots organization called Immigration Voice and are planning a pro legal employment based immigration rally in Washington DC on Sep't 18th. We would appreciate coverage of this first of a kind event which puts the spotlight on a just cause which for far too long has gone ignored by our lawmakers.




    unseenguy
    02-09 05:01 PM
    To summarize the root causes now that we discussed:

    1. Parental interference to control their own child even after marriage. This is cause no 1 of this kind of tensions.

    2. Immaturity on the part of children, to let their parents control their feelings. (This is partly due to in arranged marriages, children are closer to parents than the spouse in initial years). This is no 2 issue. Children simply fail to understand they are no more part of their parents family. I honestly feel these people are not really ready for marriage or understand what marriage is.

    3. Money transactions. One side expecting money from other side which is not really acceptable. I will elaborate this point a bit more.

    4. In cases of couples settled in US/UK, parents know that couples are making a LOT more than by Indian standards. Hence to secure their own old age comfort, everyone tries to exert influence.

    On no 3, let us separate our "legal" obligations from "moral".

    Morally it is right to send money to parents, but legally it is not. As you can strive but, you wont be fair to either set of parents. Hence I believe "money" should not be sent to parents. Your parents should have planned their own future, including humanitarian needs. Only if your other half agrees, then only you should send money. Otherwise, it is your and your spouse's money.

    If your parents needed monetary support then that they should have made clear to other parents at the time of marriage. Not after marriage. If its a love marriage, then the boy/girl should have clearly told this requirement to the other half.



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