Tuesday, June 14, 2011

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  • crazydesi
    09-03 07:39 PM
    # 8/29/2008 AILA Liaison Seeks Examples of Adjustment Cases Pending Security Checks (. 27 KB) AILA is collecting information in an effort to work with USCIS to identify adjustment of status applications that may be approvable as of October 1, 2008, when new visa numbers become available. The focus of this effort is those adjustment of status cases, which are approvable under the February 4, 2008, security check memo by Michael Aytes. AILA Doc. No. 08082968.




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  • andy garcia
    04-08 01:55 PM
    US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)


    162,176 total EB were issued in 2007.

    There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
    permitted the recapture.




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  • needlotsofluck
    08-02 11:53 PM
    It is a mess.. The USCIS site says it will accept old versions of the forms (765 and 131), and they have clearly stated in their FAQs that applicants who were eligible to file under the July bulletin can file 765 and 131 using the previous versions of the forms and at old fees ($ 180 and $ 170). However, the previous versions of the forms are not available at the USCIS website.. I am filling up my forms today, and I had to dig up the old forms on Google. (Not that the new forms are any different in the information to be filled.. I just wanted to make sure the checks and mailing addresses are correct as per the old forms). Anyway, even in the old forms, for I-765, it says, if say you are from PA, send the forms to TX. In the 485 form (previous version), it says if you are EB, mail it to NE. Switch back (OK, now we are confused) back to I-765 and somewhere at the bottom, it says, in effect "Dash it all! If you've already filed I-485, just send the form to the service center to which you sent your I-485!"
    So I'm planning to send it to NE service center tomorrow.. If it is all a big mistake, I'm hoping someone will let me know before tomorrow afternoon..

    If old forms are used, then the instruction stated in the old form should be followed. Since in your case, your I-485 was sent to NE, then 765 and 131 should also be sent to NE. I will also do the same since I will use old forms. Regardless, seek an attorney to verify. I am still waiting for my receipt (though, it is ok to file without it) and will file my forms a week before Aug.17. Who knows what this INS people will decide again by that time. Good luck to us.




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  • factoryman
    06-19 01:31 PM
    Don't know what the officer will do. Don't tell me I didn't tell you.

    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING


    The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.

    I. TIME
    Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.

    II. CONSULATE NOTIFICATION
    The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.


    From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.


    There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.

    III. 180 DAY PORTABILITY RULE
    Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.

    IV. LOCAL ISSUES
    Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.


    In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.


    In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.


    In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.

    V. COSTS
    Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.


    Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.

    VI. RISKS
    The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.


    Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.


    Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.


    Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.


    Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.

    VII. EMPLOYMENT FOR SPOUSES
    Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.

    VIII. CONCLUSION
    In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.




    any members planning consular processing in delhi ???
    please respond



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  • duttasurajit
    10-17 05:53 PM
    See this link:

    http://www.onetcodeconnector.org/ccreport/11-3021.00

    It says that "Computer Programmers" is a related occupation. Can I not accept this designation.

    Also, what if the job title varies as "Application Architect" but the job duties are similar?




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  • hope123
    12-21 06:29 PM
    I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?

    1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
    2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
    3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
    4. Does my new company has to give same exact responsibilities as my labor certificate?

    I would appreciate if any one replies to these posts. Thanks in advance.



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  • cybercat076
    05-15 11:23 AM
    USCIS seems to be just requesting EVL for all pending applications. I also got mine recently though I did not change any company. It is better to send it from your current employer.




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  • smsthss
    12-18 05:59 PM
    I also got 2 soft LUD'S on both mine and my wife's 485. First LUD on 12/15 and second on 12/18. But the case status remains the same "This case is now pending at the office to which it was transferred". My I-140 got approved on dec 6th. Seems like some kind of update is being done on I-485's. Might be FP notices as i have not received my FP notice yet. Not sure..Anybody seen the same pattern ??



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  • thomachan72
    10-04 02:42 PM
    I was also at 10 and few weeks back went and changed to 12. As Tony pointed out I have been wondering about the liquidity issue if at all we were to withdraw early. They take off 30% (20 tax + 10% early termination fee). I do have a bit of company match but will not be enough to cover the 30% loss. I am thinking of cutting back to 5%.
    The problem with accounts in India is the requirement to declare it here. Anyway have to quickly call them and get it back to just enough to get the employer match up to the max.




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  • tonyHK12
    10-04 02:45 PM
    The problem with accounts in India is the requirement to declare it here.
    I don't think so, only Green cards and citizens are taxed on world wide income.
    I meant the public provident fund run by the govt. We should check with a India tax expert on that, if non residents can contribute. don;t think they should have issues. PF allowed tax deduction for residents on 10% of the income, but you could always contribute as much as you wanted and top it up.



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  • reverendflash
    10-21 01:53 AM
    they weren't my designs... I made their designs work... :P :P

    I'm still learning on the digital design front. All of my composition training comes from photography... :P

    Rev:elderly:




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  • natrajs
    09-10 05:42 PM
    I have 6 IV T- Shirts and I am wearing them already.

    When ever I go to distribute the flyers I wear them, it will make others look at you.

    Folks Don't wait till last minute, buy them now



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  • gapala
    07-09 12:26 PM
    I am working on EAD which expires on 10th Septempber 2008. I filed for my EAD on 25th June, 2008 and with the current processing dates at Nebraska, my guess is that I wont recieve my EAD until later September/early October.

    Will I have to stop working for the period when I dont have my EAD? My employer is very co-operative and will bear with me. But what are my options?

    My husband is the primary applicant of our 485 petition, so we wont have any issues of going out of status.

    I would really appreciate your advice on this.

    I am sure your employer knows about the rules around eligibility to work and will not allow any unauthorized to work even for a day past expiry date.

    Hope you will get the Renewed EAD soon before expiry of old one.




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  • blacktongue
    09-15 12:58 PM
    Celebrate in a way nobody has celebrated yet.

    Shove your GC up yours and run a mile nakd on the street. You will know if GC gave you freedom.



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  • jnraajan
    03-27 01:14 PM
    Hey Dont Thank me. Thank IV, which is you and me and everyone else.

    Everyone, Please start contributing now. Let us work hard to get every line item from the Campaign accomplished.




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  • dupedinjuly
    07-15 02:07 AM
    http://www.nytimes.com/2007/07/15/us/politics/15immig.html?_r=1&ref=us&oref=slogin

    A Little-Known Group Claims a Victory on Immigration

    July 15, 2007
    A Little-Known Group Claims a Victory on Immigration
    By ROBERT PEAR
    WASHINGTON, July 14 � When a comprehensive immigration bill collapsed last month on the Senate floor, it was a victory for a small group that had been lobbying Congress for a decade to reduce the number of immigrants � legal and illegal � in the United States.

    The group, Numbers USA, tracked every twist and turn of the bill. Its members flooded the Senate with more than a million faxes, sent through the organization�s Web site. It supplied arguments and information to senators opposing the bill.

    �It was a David-and-Goliath struggle,� said Roy H. Beck, the president of Numbers USA, who had been preparing for this moment since 1996, when he wrote a book titled �The Case Against Immigration.�

    Supporters of the bill included President Bush, the United States Chamber of Commerce, the high-tech industry, the Roman Catholic Church, many Hispanic organizations, farmers, restaurants, hotels and the construction industry.

    �The bill had support from the opinion elite in this country,� Mr. Beck said. �But we built a grass-roots army, consumed with passion for a cause, and used the power of the Internet to go around the elites and defeat a disastrous amnesty bill.�

    The measure, which died on June 28, would have offered legal status and a path to citizenship to millions of illegal immigrants and created a new temporary worker program while increasing border security.

    �Numbers USA initiated and turbocharged the populist revolt against the immigration reform package,� said Frank Sharry, executive director of the National Immigration Forum, a pro-immigrant advocacy group. �Roy Beck takes people who are upset about illegal immigration for different reasons, including hostility to Latino immigrants, and disciplines them so their message is based on policy rather than race-based arguments or xenophobia.�

    Representative Brian P. Bilbray, Republican of California and chairman of the Immigration Reform Caucus, said, �We�re involved in weekly discussions with Numbers USA and other immigration-control groups as part of a team effort.�

    Numbers USA had fewer than 50,000 members at the end of 2004, but now counts more than 447,000, with an increase of 83 percent since January alone.

    Turning to the next phase of the debate, those members will push for enforcement of existing laws and new measures to curb the employment of illegal immigrants.

    �Our No. 1 legislative goal is to begin a system of mandatory workplace verification, to confirm that every employee is a United States citizen or an alien authorized to work in this country,� said Rosemary E. Jenks, director of government relations at Numbers USA.

    The organization wants to reduce immigration � as Mr. Beck says in the subtitle of his book � for �moral, economic, social and environmental reasons.�

    He contends that immigrants and their children are driving population growth, which he says is gobbling up open space, causing urban sprawl and creating more traffic congestion.

    Moreover, Mr. Beck asserts that immigrants and temporary workers, by increasing the supply of labor, have depressed wages in industries from meatpacking to information technology. Numbers USA has worked most closely with conservative Republicans, but in recent weeks has built alliances with Democrats who share the concern.

    Numbers USA keeps a scorecard showing every vote by every member of Congress on immigration-related issues since 1989. The group assigns a letter grade to each member.

    Lawmakers who received an A-plus were all Republicans and included Representatives J. Dennis Hastert of Illinois and Tom Tancredo of Colorado, a presidential candidate. The lowest grades � F-minuses � went to Democrats, including Speaker Nancy Pelosi and Representative Joe Baca of California, chairman of the Congressional Hispanic Caucus.

    Numbers USA objects to proposals that increase the number of legal or illegal immigrants. It steers clear of debates over the allocation of visas.

    �It does not matter to us whether a visa goes to a high-tech worker, a farm worker or the sibling of a U.S. citizen,� Mr. Beck said.

    Numbers USA is one of many organizations fostered by John H. Tanton, an ophthalmologist from Michigan who has also championed efforts to protect the environment, limit population growth and promote English as an official language.

    Critics like the Southern Poverty Law Center and Representative Chris Cannon, Republican of Utah, have described Dr. Tanton as a father of the anti-immigration movement. Mark A. Potok, a senior researcher at the law center, called Numbers USA the �kinder, gentler side of that movement.�

    Mr. Beck said Numbers USA had been independent of Dr. Tanton since 2002. On the group�s Web site, Mr. Beck cautions against �immigrant bashing� and says, �Even illegal aliens deserve humane treatment as they are detected, detained and deported.�

    In the fight over the Senate bill, Numbers USA had daily conference calls with conservative groups like the Heritage Foundation and the Eagle Forum.

    For tax purposes, Numbers USA has two arms, an educational foundation and an advocacy group that lobbies Congress. Together, Mr. Beck said, they have a budget of $3 million this year, but will probably raise and spend $4.5 million.

    Mr. Beck said that in the past the group received about two-thirds of its money from foundations like the Colcom Foundation of Pittsburgh and the Weeden Foundation in New York. Many of these foundations have an interest in conservation.

    Numbers USA has raised the rest of its money from individual contributors over the Internet. The group collects detailed information on its members � their ethnic background, politics, religious affiliations, occupations and concerns � so it can choose the most effective advocates on any particular issue.

    In a survey question on religion, the group said the information would be useful because many lawmakers were likely to respond better to people with �a very similar religious worldview.�

    �This is our citizen army,� Mr. Beck said, pointing to a map that showed members of his group in every Congressional district.



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  • vactorboy29
    06-24 04:13 PM
    Make sure Hotel is Safe and not with short term stay like pros.... .Even you have to to spend little more go for that.I had very bad experience.I had lost my documents that time.




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  • purgan
    02-11 10:39 PM
    I signed as well.

    I also might point out another important angle to this mortgage issue. In the past 2 years since I was still waiting for my green card, I purchased 2 apartments in India. My dollar savings got diverted abroad since I saw no point purchasing in a country where my presence is uncerrtain.


    I am sure there are many others who invested abroad instead of the USA. IV can perhaps institute a poll to see how many people bought abroad and how much they invested. This way there will be a quanfifiable impact of dollars diverted. I am sure it will be in the hundreds of millions atleast.




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  • BMS1
    11-02 11:08 AM
    As the nurses. who are ahead in PD to regular EB3 folks, vacate the line using recaptured numbers (after the country quota is used up in a year) , next year they will not be still standing in the queue ahead of you consuming a valuable quota. The replacement nurses who could take the regular quota have to join the line at the back.




    arnet
    10-26 02:34 PM
    Original I-797s should be with us, they can have copy but not original, call VFS where your wife attended interview and enquire why they took it and request them to return it.

    if they say they dont have it, I think no need to worry since your wife has already got stamped, and if anybody asks for her I-797, she can show xerox copy of her I-797.

    Otherwise if you think you need original I-797, I think you can apply for duplicate copies from USCIS, they will charge some fee for extra copies, check with USCIS or your attroney who filed your H1 & her H4 for the procedure.


    Diclaimer: I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.


    They took her original 797 approval notice away....it did confuse her and also me.

    She just got her stamped passport back in courier yesterday, but there was no 797 with it.

    Should we contact the consulate for it?




    roseball
    04-03 09:13 AM
    You can get a 3 yr extension. However, if you happen to go for stamping, I would advise to get it done in your new PP, if possible. Depending on which Indian Embassy's jurisdiction you fall under, you can apply for PP renewal within 1 year to 6 months of your PP expiry. Note that the renewal process might take anywhere between 4 - 8 weeks.



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