Monday, August 1, 2011

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  • smisachu
    06-16 12:21 AM
    What is your qualification? I have been in this country maybe as long as you have been and can wager that I am more qualified than you educationally unless you will be publishing something which will win you the Noble. Still I am stuck because of this system. And I am not even in IT.
    If you cast a wide net you will catch good fish, some bad fish might come in but that is given in any sample population. If a smaller net is cast the chances of only netting bad fish will increase. Similarly if Visa numbers and per country quota are more then some really qualified people will get in, if not only "Multi National executives" who can program MS Dos will creep in under EB1.

    We need a visa recapture for any of this backlog to ever clear. And Darvin can go fry a fish for all I care.

    To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.





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  • sachug22
    09-15 03:16 PM
    you are correct India will get only 50% of sipill over numbers and we need to take into account how many China applications are pending (perhaps there are more China apps than India in EB2)

    There are 2.5 EB2-I application per EB2-C application. And EB2 China had cutoff dates of early 2005 in 2009 (they did not enjoy too much spillover in 2009). So my guess it that China will use its 3k annual limit + spillover numbers (depending on how much EB2-C dates move). The spillover would be split 25% china and 75% India.





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  • sumagiri
    07-25 08:40 AM
    IMO, both arguments and are valid as far as speculations are concerned. It all depends on perspective. In this thread, we are focusing on statistics and calculations. I my self did lot of calculations. However, objectively looking at Ron's comments, it appears like his concern and underlying message is what if USCIS won't adjudicate enough numbers and wastes visa numbers as it did lot of times. He is basing his prediction on years of experience. With recent pressure on DOS/USCIS to use visa number, I think, they are making an attempt to use up all numbers and that will definitely bring life to our calculations. But what If they do not do that.....and their 'target' is a low number.





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  • darslee
    07-03 10:24 PM
    I don't know about it. Anyone with details should post summary.

    I think it is not relevent for EAD/AP but we can use it when we need it

    Once a child turns 21 he/she can no longer be filed with the primary applicant. However, once the I485 is filed with USCIS the child is regarded as "safe" regardless of how long the USCIS takes to ajudicate the I485.

    I have that very situation. My son turn 21 in mid-January 2008. The original July brought great relief from years of worrying about whether our PD would become "current" in time. We scrambled to get ready to file 2nd July, only to have everything collapse around us again. :(

    Hope the info clarifies the "age out" situation!



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  • supers789
    07-18 04:14 PM
    I have i140 approved from previous employer with PD Nov 2005 (which became current with Aug bulletin). New employer has not yet started GC and my 6 years of H1B are getting over in next 6 months.

    Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.

    Thanks!





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  • vine93
    01-14 01:03 PM
    What I understood

    If you are on H1 and is validity more than one year. Keep continuing. Once expiration is withing 6 month , start finding the direct vendor. Make sure you start the process early. So that even if it rejected you have time to jump to direct vendor. My two freinds got victims of this rule recently this week only .Their transfer was rejected for this reason , Now they got the offer from Direct vendor , H1 trasnfer is in process . EAD should be unaffected by this memo.

    There is no doubt Small Desi co. given fair chance to all kinds of people from remote villages. Then again they took unfair advantages too. Its time to wrap up their business now.

    Situation is alarming indeed.



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  • paskal
    07-18 08:38 PM
    Hi Paskal,

    We dont have any official source of available visas for EB2 India as of now.
    But based on the information availale it seems there would be about 30k visas, which are about 10 times more than what its been now (3,267 VISAS for EB2 India), available for EB2 India. Even though China shares with us for these visas, it would be minimal for china sharing as because china had already a cutoff date of Jan 2006 by Jul 2007. EB2 India has to be current pretty soon as of the increase in visa numbers allotment to almost about 10 times due to the horizontal fallout.

    We need your inputs as well, on this calculation of estimated visas for EB2 India.



    .................................................. ...

    Originally Posted by sumagiri :

    There are some significant flaws in your analysis. If you correct them, the number comes to around 25K.

    First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
    Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
    Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.

    According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
    Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
    EB4 and EB5 combined will get around 21,449

    Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are

    ((43,200*2)+21,449) - (70,000+10000) = 27849.

    So the total EB2 visa usage will be around 70K + 25K =95K.


    http://immigrationvoice.org/forum/showthread.php?t=20167&highlight=vdlrao&page=7


    but the spillover is done quarterly per USCIS.
    we do not know how much of the stimated 20K (for India, assuming the erst is China) is already used up, assuming this is the total number if unused GC for the year.





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  • John333
    07-26 05:20 AM
    Dear Attorney,
    I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.

    Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.

    I am aware of the aware of possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved
    H1B.
    But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.

    Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.

    Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.

    Thank you very much in advance.



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  • ivar
    08-15 03:47 AM
    -- Deleted --





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  • ita
    03-30 01:53 PM
    Hey..you already made your point that you don't care if Sankarachrya is jailed or Rama has temple.You can relax... no one is building Rama any temple.

    Your concerns about poor may be genuine but your intentions seem dubious(going by the way you hang on to your views post after post despite the reality shown by facts seem to be something different than what you believe)

    I think I've shared what I know and will pitch in if I have something new.Otherwise you and folks like you who want to hang onto your preconceived notions for the reasons that only you know can run the game.Have fun

    So yo unever know this guys when they will change and what. I need food when I am hungry and need a place to place to sleep when I am tired. I dont care whether Rama has temple or not.



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  • abhijitp
    07-03 05:04 PM
    As far as past IV threads, here is one and I am sure Pappu knows it as he has posted lots of links there:
    http://immigrationvoice.org/forum/showthread.php?t=694&page=8

    A list of contacts for Public radio/TV such as NPR and PBS:
    http://www.npr.org/contact/

    Here is another... and this makes me think we should look for media contacts at other pro as well as anti-immigration websites.

    http://www.conservativeusa.org/megalink.htm

    Here is one more:
    http://www.webcom.com/~leavitt/medialist.html





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  • BharatPremi
    09-24 04:54 PM
    Not sure what you are talking about. There are two rules as follows

    28.6% EB visas for each category EB1/EB2/EB3 and 7.1% for EB4/EB5

    Ans: These numbers are meant for "Assigning Visa numbers to applications" BUT " not to grant Visa / approve 485 / Order Physical Green card"

    7% limit for each country in EB category (India will get 9800 visa in all EB1-5 categories)
    + 2% dependent limit for each country in EB category


    Ans: These numbers are meant for "grant Visa / approve 485 / Order Physical Green card" BUT " not to Assign Visa numbers to applications"

    To enforce the limit each EB subcategory (EB1/EB2/EB3/EB4/EB5) enforces country cap, no more than 2822 visa for India in EB1/EB2/EB3 categories.

    Ans: this concept 0.07X 0.286 - It is a false concept.
    The limit can be extended when there are leftover visas (this is what has extended the limit for EB1/EB2/EB3 India for last few years).

    /\ my answers



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  • Abilash
    08-08 07:48 AM
    Hi,

    I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.

    Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.

    I am aware of the possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved H1B.
    But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.

    Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.

    Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.

    Thank you very much in advance...





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  • kondur_007
    01-13 08:45 PM
    This indeed is a very bad news. It looks to me that someone is frying a bigger fish here...

    If antis target the areas of immigration that are no "well defined" so far (H1b rules is one example, another could be AC21 same or similar job and yet another could be "permanent job" after greencard), it could create a lot of problems and may even practically shut down all legal immigration.

    This will only increat outsourcing and actually hurt US economy and jobs...too bad that "blinded" politicians do not recognize this.



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  • Direct_Action_99
    01-15 08:52 PM
    It is really pathetic to see the current plight of H1B. It is really sad and the situation is getting worse with the passing of each day. The max limit of H1B is only 65000. It is highly regulated and accountable. Why is everyone hounding H1B without rhyme or reason? It is because most of them perhaps do not have a good picture of what is happening around.

    Do the people who are after the H1B folks realize the following?

    1. About 100,000 or may be many times that number (I do not know) of L1 workers are brought to work to the USA? Do they realize that there is NO quota limit for L1?

    2. How the L1A visa is misused in the guise of the so called "International transfer" to file for GC under EB1 category?

    3 That many of the Indian / foreign firms no longer prefer to sendi their employees on H1 as they can send plane loads of L1 without any hitch?

    3. Every minute several 1000s of jobs are outsourced ?

    The root cause is because the immigration system is broken and the policies are not OK. Going behind H1 B Visa holders is not the answer





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  • visves
    06-28 09:51 AM
    I think the 40,000 number is the wastage predicted by the ombudsman at the prior rate of approval that was prevalent earlier in the year. This probably implies that CIS would have used about 100,000 numbers at it's prior rate or about 25000 per quarter. This in turn would imply that CIS would have roughly 40000 (predicted wastage) + 25000 (last quarter's numbers that might have been used had CIS continued at it's earlier pace) = approx 65000 available starting June 1. I highly doubt if this could be used in just a month or two.

    But all said and done, whatever the real number of visas that's available I feel it's in everybody's best interest to just apply at the earliest they possibly could.


    My take on this is that if 40,000 visa numbers remain for July, August and September, then USCIS by itself cannot use 40,000 visa numbers in one month alone (i.e. in july), because the DOS just supplies them monthly quotas. So, if you take approx. 18,000 per month, you are looking at 18,000 for July and 18,000 for August. Then, USCIS have to use them. Which means USCIS has to approve 18,000 petitions in July. As, I have heard that USCIS just started out sending finger print notices this month, because Priority Dates moved a lot in June 2007. Now, the fingerprints, will come in and forwarded to FBI for security clearance. That will take atleast a month. And, all petitions activated for clearance in June 2007 won't get adjudicated till August 31, 2007, because it takes atleast three months, for a case to approve and the visa number to be used. (Remember Visa numbers are allocated on visas used and not how amny people applied). Please share your thoughts. Thats my 2 pennies.



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  • grupak
    02-15 03:41 PM
    Excellent point brother!

    Talking about diversity, those not familiar should take a look at an Indian currency note.

    Maybe someone can scan and post one, I don't have any Indian note with me. You will see around 20+ languages on it. You can tell its different languages because they use different script unlike say German and French (except for the accents/umlaut). Actually the number of languages are much more than shown on the notes. For whatever reason AFAIK only languages with distinct script are classified as languages in India, others are called dialects. These dialects are actually languages because they are not dialects of anything (For example in this definition, lot of European languages will be classified as a single language because they use Latin script).

    The point is unlike what outsider might think there is as much if not more cultural, ethnic, linguistic differences between a Gujarati and a Tamil Indian as between a German and a Portuguese European.

    So how much favor I will carry with a Malayali (no disrespect to anyone from Kerala) is debatable.





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  • BharatPremi
    12-14 05:26 PM
    Thanks bud. Yeah, I seem to have a "Ceiling" fetish. :D

    Anyways I only did a quick scan of your rather utopian scenario. But wouldn't the following help the that situation?
    1) Flow of un-used visas from ROW to OS countries
    2) Increase the TOTAL EB quota
    3) Exclude dependents
    4) Re-capture ( If any. But I doubt there will be anything left to recapture because in your Shangri-La USCIS would have been efficient enough to use up all the visas in the previos fiscal years).

    (I do detect some bitterness in your tone. I am only here to offer my view so please don't take it personally)

    Either you are kidding or wasting everybody's time. This thread is all about "investigating constituionality and effects of "Per country limit" . Nobody is saying, repeat, nobody here is saying that OTHER AGENDAS defined by IV should not be pursued or will not be pursued. Do you have anything to add about "Per country limit?





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  • deepakjain
    05-28 11:17 PM
    EB2 and EB3 will be in queue for sometime, fact being the latest fraud by Indian IT firms.

    Please read then post comments.

    I personally know 7 people who came to US in 2008 via Indian IT firm - designations [Sr Project managers or Program manager]....

    Applied for GC under EB1 and every one of them have a GC now....not to mention few MNC's based out in India have done the same...one of my friends who works for an US based consulting firm in Hyd is here in US on H1B [12 months] he has a GC.....EB1





    go_guy123
    06-14 05:58 PM
    You have got the same Indian mentality that most of the people here that once we got a GC and citizenship let us close the doors behind us.

    ....
    Who are you to judge the people coming after you that they are not skilled or the best and brightest.



    Well he is a permanent resident of US and soon to be USC and majority of US citizens
    want reduced immigration to US and can vote in elections accordingly.

    Immigration is such a hot topic I dont see Obama doing anything before his second term.





    deepakjain
    05-28 11:17 PM
    EB2 and EB3 will be in queue for sometime, fact being the latest fraud by Indian IT firms.

    Please read then post comments.

    I personally know 7 people who came to US in 2008 via Indian IT firm - designations [Sr Project managers or Program manager]....

    Applied for GC under EB1 and every one of them have a GC now....not to mention few MNC's based out in India have done the same...one of my friends who works for an US based consulting firm in Hyd is here in US on H1B [12 months] he has a GC.....EB1



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