Wednesday, June 8, 2011

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  • hemya
    10-14 10:29 AM
    I self filed for EAD. Was very easy. I plan to do the same for AP. $1000 is a lot for AP filing.




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  • snathan
    05-23 06:15 PM
    Here is Ron's reply for the questions/concern

    Hi Ron,

    Tons of thanks for your time and this letter. Though most of the case are pending with Atlanta, there are few people struck with chicago as well. But the number is very small compared to atlanta. This template sounds very good to me, I will post the same at IV and let you know the feed back. Also I will direct the folks struck in chicago to you, they can hire you if they want you to represent them or I will ask them how do they want to proceed.

    If we give the case number and employer name, would there be any impact/side effect ?


    I will keep you posted and thanks a lot for your time

    ===========================

    Reply from Ron:

    All of the Chicago cases have been transferred to Atlanta. If the Chicago guys want to talk to me, I’m happy to do so. They don’t have to hire me if all they want is information. As for putting names and case numbers, without that information, they won’t take the letter seriously. Also, I think that this will get the DOL to move on those cases. Almost every time I have made a specific complaint, they have responded by resolving the case right away in order to make the whole thing go away. It wouldn’t surprise me to see the same thing here.




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  • Blog Feeds
    09-01 10:00 PM
    This is a recent update from the AILA Rome Chapter for the benefit of our readers. The State Department has substantially rewritten the FAM provisions relating to physical or mental disorders as medical grounds of inadmissibility. These significant changes, set forth at 9 FAM 40.11 N11, focus on physical or mental disorders with harmful behavior, and on substance-related disorders, corresponding to INA 212(a)(1)(A)(iii) and (iv), respectively.

    The following is a summary of these sweeping revisions.

    Introduction

    As before, the mere presence of a physical or mental disorder does not by itself render a visa applicant inadmissible to the United States under 212(a)(1)(A)(iii). The trigger to inadmissibility is the presence of associated harmful behavior.

    Key Concepts of Mental Health

    In this new section, the Department defines the key concepts of physical and mental health disorders:

    A "physical disorder" is a clinically diagnosed medical condition where the focus of attention is physical manifestations.

    A "mental disorder" is a health condition characterized by alterations in thinking, mood or behavior.

    "Harmful behavior" is an action associated with a physical or mental disorder that causes (or has caused) one or more of the following:

    1. Serious injury (psychological or physical) to the foreign national or others. An example of harmful behavior to the foreign national is attempted suicide. An example of harmful behavior to others is pedophilia.
    2. A serious threat to the health or safety of the foreign national or others. An example of a serious threat to both the foreign national and to others is driving while intoxicated.
    3. Major property damage.

    NOTE: The Department emphasizes the following principle: Only harmful behavior that is associated with a physical or mental disorder is relevant for the purpose of determining a medical inadmissibility.

    A "substance-related disorder" can involve one of the following:

    1. Substance dependence - compulsive long-term use of alcohol or other psychoactive substance despite significant problems (physical, social, and others).
    2. Substance abuse - a pattern of recurrent use of alcohol or other psychoactive substance despite adverse consequences or impairment.

    Remission in the context of mental or substance-related disorders is defined as "a period of at least 12 months during which no substance use or associated harmful behavior have occurred."

    Class "A" medical conditions are those which render a visa applicant ineligible for a visa.

    Class "B" medical conditions do not render a visa applicant ineligible for a visa, even though the applicant has a disease, disability or abnormality amounting to a substantial departure from well-being.

    Alcohol Abuse or Dependence

    The FAM changes stress that alcohol abuse or alcohol dependence constitutes a medical condition which can lead to inadmissibility. That said, a panel physician's diagnosis of alcohol abuse or dependence alone does not make an applicant ineligible to receive a visa unless there is evidence of associated harmful behavior which has, or is likely to pose a threat to the property, safety or welfare of the foreign national or others.

    Consular officers are instructed to refer nonimmigrant and immigrant visa applicants to panel physicians if the applicant has a single alcohol-related arrest or conviction within the past five years, or if the applicant has two or more such arrests or convictions within the past decade. Officers should also refer applicants to panel physicians if, in the absence of DUI arrests or convictions, there is any other evidence to suggest that the visa applicant has an alcohol problem.

    Role of the Panel Physician

    Panel physicians have a central role in evaluating the existence of a physical or mental disorder or a substance-related disorder that would render an applicant ineligible for a visa. In performing a medical examination, the panel physician is responsible (inter alia) for identifying and diagnosing physical or mental disorders (including alcohol-related disorders); identifying harmful behavior associated with a disorder; and determining the remission status of any previously diagnosed disorder.

    Class "A" or Class "B" Medical Conditions

    Panel physicians may make the following diagnoses with regard to applicants referred for examination:

    Class "A": The applicant has a physical or mental disorder with associated harmful behavior.

    Class "A": The applicant has a disorder characterized by substance abuse or dependence.

    Class "B": The applicant has a physical or mental disorder with no associated harmful behavior.

    Class "B": The applicant has a history of a physical or mental disorder with associated harmful behavior which is unlikely to recur.

    Class "B": The applicant's substance abuse or dependence is in full remission.

    Neither "A" nor "B": The applicant has not been diagnosed as having a physical or mental disorder or a substance-related disorder.

    Waivers for Immigrant Visa Applicants

    An immigrant visa applicant who is determined to have a communicable disease of public health significance may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(i).

    An immigrant visa applicant who objects on religious or moral grounds to receiving required vaccinations against vaccine-preventable diseases may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(ii).

    An immigrant visa applicant who is determined to have a physical or mental disorder with associated harmful behavior may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(iii).

    An immigrant visa applicant diagnosed with substance abuse or addiction is NOT eligible for waiver relief of the inadmissibility set forth in INA 212(a)(1)(A)(iv).

    Waivers for Nonimmigrant Visa Applicants

    Consular officers may recommend waivers per 212(d)(3)(A) for any of the medical-related grounds of inadmissibility set forth in 212(a)(1)(A).




    More... (http://www.visalawyerblog.com/2010/09/us_visa_denials_medical_ground.html)




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  • dixie
    07-18 05:10 PM
    It is puzzling that EB3 World didn't move a single day. Per my calculations, it should move three months in each month.

    My calcuations were based upon that there are about 100,000 applicants (excluding Indian) between year 2001 and 2005. Currently, China Mexico Philippine's cut off date is the same as ROW. I just assumed that there are about 35,000 visas available for ROW including China, Mexico, and Philipine (the remaining 10,000 for India) per year. In this case, it should move by three months in each month.

    I accept that there are lots of loop holes in my calculations as it didn't move a single day.

    Does anyone have a rough idea how many non Indian applicants out there between year 2001 and 2005?

    I think many of you can do more accurate calculations based upon more reliable sources. Please show me how.

    Many people say uselessness of predictions but I think we can predict to certain extent.

    There are two things that make calculations uncertain : One, there is no way to know how many people applied for GC. Remember, many workers are exempt from the H1-B quota (people working in hospitals, universities and other non-profit research institutes). Then there are other dual-intent categories like L1 with no cap on them.Even USCIS does not know how many cap-exempt visas it issued.

    Second, there is the operation of those two black-holes, PBEC and DBEC. Nobody knows how many apps are in there, nor do we know how slow/fast they will/ have been operating.

    But one point is increasingly clear : retrogression is NOT an India and China specific issue. so far all of EB3 is retrogressed. The day may not be too far when that virus spreads to EB2. The only long-term solution is to unitedly fight for legislative change.



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  • go_guy123
    07-14 10:16 AM
    I have my I 140 approved and No I 485 has been filled yet. My brother became US citizen so I would like to file for I 130.

    As there is no guarantee in Employment based immigration journey ( layoff , denial etc.. ) I strongly prefer to have I 130 filled. Is there any risk of filling both ?

    Check out the visa bulletin. There also the backlog is 12+ years for F4 - India category. So if you apply now....you will get in 2021 !!!




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  • Kushal
    07-17 01:53 PM
    Not a single contribution by anyone....

    I think CORE and all active members should shut this website down right now and let all the non paying members feel the misery without this site...


    Order Details - Jul 17, 2007 11:19 AM PDT
    Google Order #537910701830239



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  • jq45
    06-15 10:49 AM
    I just called the USCIS National Customer Service Center at 1-800-375-5283 to get clarification.

    The representative I talked to checked with her supervisor, and her response was the following:

    - The OMB number at the top is something related to the medical board and has nothing to do with the USCIS. The expiry date is irrelevant to the USCIS. The USCIS only cares about the revision date at the bottom (09/16/05).

    In other words, the form that is currently on the USCIS web site is acceptable now and in the future (past 6/30/07) until whenever the USCIS changes which revision of the I-693 will be considered acceptable.

    Thank you to everyone for their quick responses!




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  • transpass
    08-02 06:25 PM
    is there any limitation in sending DHS 7001 to ombudsman?

    Because i already sent this form twice and no response so far. Should i send it third time?

    There we go again. Now we need to create another ombudsman to make sure current ombudsman office works straight...:p

    Call the BLACKHOLE aka cis office, get info about your case, and note the person's badge you spoke, time and day of your call, put it in a letter along with file 7001 and send to ombudsman's office (also mention in the letter that you filed 7001 couple of times earlier). You need to get hold of someone in ombudsman's office and be in constant touch through email or something...You should have been on the conference call past week...Next time you can participate and ask directly...



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  • iwantgc
    09-11 07:35 PM
    I was hoping something out of IV's effort that SKILL bill be passed before end this year but it appears this organization's voices are not even heard nor included in the picture.




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  • quizzer
    11-14 01:41 PM
    Anci,

    Can you tell me your I140 receipt date, category and service center?

    Thanks



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  • msyedy
    12-13 12:49 PM
    sheshadripv

    If I say that yes you can travel without a visa, will you believe me.........
    Ask a travel agent man...

    Yesterday they allowed without valid visa..... today they need a valid US visa.

    We are not travel agents... You can get a valid answer from them.




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  • martinvisalaw
    10-22 03:27 PM
    So when she appears for H-4 interview in consulate in India, will there be any questions on her H1 stay in US? Is there a chance of her H-4 getting denied in case if the officer finds her out of status stay?

    It is unlikely. The officer will know that she violated status, because she must disclose this on the DS-156 or DS-160, whichever she will use.

    Does she need to show proof of her in-status stay while in US for appearing for H-4 interview?
    No, thankfully, because she can't

    Are we allowed to appear for our interviews at any consulate in India or are we restricted to appear only that consulate which is in my area of jurisdiction?

    You need to check the consulate requirements on this. They vary widely, and change frequently.



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  • amulchandra
    02-06 07:39 PM
    That's really nice. Even I heard a lot of success stories like your's. That's the reason I started approaching non-profit organizations for volunteering. But in may case it is working the other way round. May be because I am in to IT.
    But this episode brought my morale down a little bit because for the first time I felt that I am an alien here.
    Anyway I may have to think twice before approaching for volunteering again.....




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  • dsneyog
    01-02 05:36 PM
    how long it took for your EAD approval?
    thanksI e-filed my AP and did not send any documents and just received an RFE requesting 2 photographs(write alien number with pencil in the back) and a preferably color photocopy of a photo ID.

    So, please make sure that you send those supporting documents with the e file receipt to USCIS. They give out the address and instructions at the end of the application which are easy to follow.

    Nevertheless, I e Filed EAD too and did not send any supporting documents and they approved it without issuing any RFE. They used an older picture from my previous EAD.

    My 2 paise!!!



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  • sac-r-ten
    07-28 10:19 AM
    I think snathan is correct. if you look at the 485 denial letter it should say something related to EAD is invalid or something like that.

    Sorry about your situation and Good luck.




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  • smartboy75
    07-17 07:49 PM
    Not to mention the tons and tons of unnecesary pages and administrative effort involved in maintaing the data.....Everything boils down to price...If we ask relevant question we save space...space saved is money saved..The same money we saved ..can be used for lobbying....Think about it



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  • paskal
    08-22 07:03 PM
    I am also from MN. Living in Minnetonka. Willing to know anyone going for Rally.

    many are going! we are planning a bus....

    please join the chapter- click on the link below and provide all the info requested- we will be delighted to include you in our plans!

    Dean- i need contact info for you as well- please.




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  • sidbee
    03-17 10:43 AM
    Add you wife , 2 weeks before she comes, IE if she is coming on 16th may add her on 1st may.
    pay some extra premium.

    wouldn't that be common sense....




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  • IAspire
    02-21 11:53 AM
    Thanks snathan. Can you please point me to a link that lists down the conditions needed to satisfy EB1/EB2/EB3. The link provide by samuel5028 is not working.

    Thanks
    IAspire




    guitarbam
    01-24 10:40 AM
    just got my Labor approved a couple week ago and now i want to file I-140 premium processing. But my lawyer's not allow me to do that coz once my I-140 approve i can't file my 8 th year extension. My 7th years H1B will expire on Aug 30, 2007.

    I'm very confused now, on my understanding once i get my I-140 approve, i'm eligible to get my H1B 3 years extension.

    FYI: i chose CP opotion, is that make me not eligible to get my H1B extension once my I-140 approve?

    Please help and Big thanks




    absaarkhan
    01-31 12:06 PM
    I-94 validity given by immigration officer over-rides the I-797 I-94 validity

    Yes the I-94 given by the Immigration Officer Overrides the I-94 Validity Issued by
    USCIS with your I-797. This is Per the "Last Action Rule".
    When you Entered US on your Visa, you should have shown the New I-797 Approval and the Officer @ POE would have given you the I-94 Valid until the New I-797, if they dont we have right to request to talk to their Supervisors.

    Anyway, its too late now and you have the following 3 Options:

    1. You can go any of the Customs And Border Protection deferred Inspection sites
    and get it corrected, refer to link below to go the site nearest to you.
    Also, it DOES NOT have to the same city where you entered US. You can
    go to any site.
    http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/

    2. You can go out of US and while entering back you should make sure you use the
    Latest Approval. You can go to Canada by Road and Come back.

    3. File for H1B Extension before June 2008 which is the Current I-94 date on your
    Passport

    Other Senior Members feel free to Add more Options.



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