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  • mbawa2574
    02-15 04:55 PM
    Dingudi,
    I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.

    You just sound idiotic





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  • BharatPremi
    12-14 12:11 PM
    "The SC concluded that the statutory discrimination within the class of aliens is permissible."

    This could justify difference in say EB1, EB2 and EB3 or F visa, H Visa and L visa. How ever there is no mention that discrimination could be on the basis of sex/race/country of origin etc. IMHO an extension of standard EEO laws should be applied for EB class immigration too.

    NB: I am an HR consultant and an expert on EEO laws, I still think that this discussion is worth taking to a top constitutional attorney. An hour of his time will cost peanuts compared to what we can possibly get out of this.

    With agreeing the central theme represented by Mark, still I am incliened to say "Yay" to your suggestion.





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  • smuggymba
    01-16 02:17 PM
    Shaant bhaiyon shaant. Take it easy. Lets get back to the topic.

    I hope that this memo is not mis-used to affect the good apples, that's it.





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  • vadicherla
    09-04 01:37 AM
    If you had a laugh on my post good for you. Should have given you some relief from YSR's death. I have been laughing, smiling and eating sweets since I knew the news.

    Conformed you brain got damaged and you will die soon.

    Will distribute sweets after you death



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  • krishnam70
    07-10 06:58 PM
    yes there are numerous articles about that too. Atleast for IT folks things are ok





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  • amsgc
    07-04 01:03 PM
    gc_check,

    If I cannot apply within the next one year, do you agree that I will have to spend again on:
    - Lawyer fees for form preparation and accounting of changes in laws= $2000
    - Medical examinations And Immunization costs = $300 (many docs dont' take insurance, they didn't in my area) * 2 = $600
    - Photographs = $25* 2 = $50
    - Courrier services, photocopying, printing, long distance calls = $200

    So, once again, I am looking at spending: $2850. This money that I/employer spent last month is GONE. Who is responsible now? That's all i wanted to point out. When I said double, I meant spending $2850 twice, and also adjust for inflation. The above costs do not include USCIS filing fee.

    To calculate the money that has gone down the drain, just multiply that by say 50000 applicants who will not be able to apply within 1 year. That's well over $100 million. This is not a small amount, one could start a pretty good size company that can effciently go through the backlogs.

    >> This is money that has gone down the drain.
    None of the FEES has been accepted by USCIS as they even did not accept the petition. So the fees cannot be calculated.

    >>So in the end, you may end up spending more than twice the amount of money, and more in application fees.
    Yes, the fees gets revised start July 30. But you need NOT pay again and again to extend EAD/AP, if requried. Need to calculate the difference. Also not sure if the Attorney's would charge twice as they have to resubmit the paper with little or no modification.

    Money lost will be the amount spent on Medical Examination (In my case $550, as I ended up with a doctor of my choice out side my medical insurance network), So even if my conpany can reimburse, I cannot... Also per my attorney Medical Examination Reports are valid for a year, If we apply within a year, this is also not lost. If someone or his family has to rush back to USA, to file AOS, then the amount spent are waste. Loss of vacation and money.

    My point is not to discourage any one, but when we wirte to media, folks will investigate all before they publish to main stream. We need to be fair and should provide the correct information, else we might loose the coverage.

    We need to highlight the expenses occured and stress this has caused to many many people.



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  • hpandey
    06-14 12:40 PM
    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.

    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. Just because you got lucky and got your GC in time and are now applying for Citizenship you are saying that all others who come after you are not as qualified as you or "best and the brightest" .

    For your knowledge I see a lot of intelligent people everyday from all walks of life - Indians, Americans, Chinese, Russians etc etc. A person does not becomhe intelligent by the number of degrees he has but by the logic sense that he has and how he applies to his daily life.

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

    I don't wish bad for anyone but if you are saying retrogression is good then beware you are wishing for the curse of a lot of people who have been unfairly standing in the queue for 8 - 10 years while a lot of people from 2006 got their GC.





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  • rsharma
    09-23 10:10 AM
    Asking for exemption from quota will cause this proposal to fail. My suggestion:

    Of the 10,000 available visas per year for EB5, only about 3k to 4k are being used. How about if one buy a house and give a minimum $100,000 cash payment (not credit in US), he will get a temporary greencard from the EB5 visa pool. If after 2 years, the house is occupied and owned by the same person without problems with credit, he will get a permanent GC. This is on top of meeting the requirements of the category he is in.

    Sorry for bringing EB5 in my comments.

    This is just my opinion.


    I totally suppor this idea. This shows that we can use our innovation to bail out US economy and we try our level best to help the country we have selected to make our home. As the saying goes - A friend in need is a friend in deed. So a citizen(LPR or to-be-LPR who helps) in need is a citizen in deed.

    Earlier most of the time we used to cry about our problems - like wife not able to work or we are stuck in the same job and not able to get promotion.
    I do not think anyone cares if our wife does not work or we do not get promotions.

    People would care if we are able to show that giving us GC would help them in any way.

    So this is one of the best way to show that we would be able to help our part to bring up the economy.

    Thus I myself endorse this idea. Thanks Nixstor for putting forward this innovative idea to show that we all love USA and want this country to be economically strong.



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  • PlainSpeak
    01-13 11:33 AM
    Good Things about IV
    1. IV Core does not conduct its business in the forum. They learnt this lesson a long time ago.
    2. All their work is done in the donor forum and behind the scenes by volunteers
    3. If they feel that any idea is worth pursuing they invite that person (with the idea) behind the scenes and pursue that idea
    4. All the work is done by IV members themselves because they are helping themselves
    5. IV members are investing time and money to do work which impacts a large number of immigrants
    6. That is a professional way to do stuff and i admire the way work is done at IV

    Concerns of IV
    1. IV always states about the lack of will of people to do something for themselves
    2. IV always states that people just comment on forum but do not step forward to do stuff
    3. IV always says that people do not donate enough and without donation a grassroot organization will not survive

    What IV is doing wrong
    1. IV talks about a holistic approach whereby the benefit to EB community will trickle down and once EB2 will become current EB3 will get benefit of spillover
    2. IV is assuming EB2 will become current but with the number of indians coming to USA and number of indian students who will graduate from MS courses in USA over the next 5 years EB2I will always be backlogged
    3. Plus we are not even talking about EB2 ROW and EB3ROW demand which could go up
    4. Supporting the DV 55k bill to US educated GC applicants on the whole looks like a great plan. Sure here are 55k and here are about 150 k GC applicants. 150 - 50 IS 100 K. So if the bill passes we reduce the backlog by 50 k. Now i will am one of the person who will be getting a GC because i am US educated but my opposition to this bill is on principle
    5. What IV has to realise is that it is not only IV members specifically but it is a whole lot of non IV members who are EB3 who have been a bigger person in this whole immigration retorgression advocacy scheme of things till now.

    How let me explain. We have seen EB3 persons from 2002 who are still waiting for GC and who are not getting spill over visas because EB2 is using up all the spill over visas. So do you see any EB3 now complaining about the rule change supported by IV and made by USCIS whereby EB2 gets spill over visas. NO we do not see any EB3 complaining. That is because EB3 as a whole understands that that rule in the past being interpeted in a wrong way and the current way is the correct interpetation. Sure the old method gave EB3 some extra spill over visa benefit but the new interpetation caused EB3 to dry up compleletly. Now that in itself is against the very nature of self preservation by definition, But EB3 went along for the greater good

    What IV can do right
    1. Now we have this 55K DV Bill. This is something different from the spillover (which is law and cannot be changed). This is one time oppurtunity to alieviate the sufferings of EB group as a whole. So can IV which is supposed to be talking for the whole EB community do the right thing here and ensure (with advocacy they are so good at) that IV's stand is that 55K visa are given to all GC applicant from retrogressed countries based on oldest priority date first irrespective of EB2 and EB3.

    2. The concequence of such a move is that long retrogressed EB applicants will get relief (Which is one of the point IV talks about in their charter)
    3. Sure Many US educated applicants from EB2 and EB3 will oppose this move because lets face it, this move impacts their getting GC sooner. And if they behave like that they are in the same category as EB2 guys on this forum who do not entertain any idea which will impact their getting GC soon.

    What wil happen if IV does the above
    1. The DV 55K bill will NEVER pass in congress. This along with the other bills we have seen will bite the dust because no one in the current economic scenario would like to see more immigrants (US educated or not)

    2. The DV 55K bill will fail but IV would have achieved what it has failed to do till now. Get the support of EB3 community which they claim to represent.

    Synopsis
    How how does this work. This is a suggestion for discussion NOT a diktat to IV core to implement. If IV core does not allow discussion on this (and moderate this because frankly some of your existing advocacy group members and volunteers do not know what a discussion is and come out both fists swinging) then that is IV core perogative. they have that right since this is their system and they worked hard for it, and they believe what they say is right.

    One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.

    On a funny flip side ...............................
    How will this be treated by the current members
    Ohh He is a liar, cheat, sounderrl, absurer, voilent person, free loader, smooch, weed, Anti Immgrant, future USA and other unspeakable things

    By the way guys i am a She not a He

    Adieu/Ciao





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  • ragz4u
    10-24 12:52 PM
    I was under the impression that only an 'approved' labor can be substituted. I recently had a conversation with a friend whose company attorney had told him that even unapproved labors stuck in the Backlog center can be substituted.

    I am pretty confident that this is another case of an unethical, not-well-versed lawyer wishing to make a quick buck, but can someone please enlighten me if I am wrong?



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  • unitednations
    02-18 08:29 PM
    start from the bottom as that was the first e-mail. I took off identifying information and financial info. for obvious purposes:

    -------------------------------

    Dear xxxx

    Thank you very much for your quick reply. I talked to the family and advised them that the best way to proceed is you the doing the ability to pay part. They are talking to some people to get the money together. I will call them back after 4PM. Can we pay by debit card, or check or money order? Time is of the essence because of the B2 expiration on 2/11/07. I have the labor certification, (the one I printed off the website, we did not get the signed one from them yet, but it is the same). I have the 2005 tax return. I need to get the bank statements. Can I fax those to you? I also have something like a financial statement for 2006. If the numbers don't add up, you can still help us?

    Thank you so much for helping us. I know you are very busy.


    xxxx

    xxxxwrote:
    Most CPA�s don�t do audited financial statements. Reason is that there is a lot of things from a regulatory point of view that CPA�s have to keep up with in order to do audits. For this reason, most cpa�s won�t do them.

    An audit is a big thing; it is not a small thing. I wouldn�t consider this as an option for you.

    If you want me to do the ability to pay part then it will cost $xxxx.

    I will need: Copy of labor certification, 2005 federal tax returns of company. Bank statements of company for October, November and December 2006. If the numbers aren�t the way they need to be then there are still remedies.

    xxxx


    --------------------------------------------------------------------------------

    From: xxx
    Sent: Sunday, January 07, 2007 12:34 PM
    To: xxx
    Subject: RE:

    Dear xxxxx

    First of all, thank you very much for your help. It is really appreciated. I have been researching this subject and was not able to find anything valuable until I found your name. It is really great that you are helping these people.
    I know your time is very valuable but I forgot to ask you whether or not we have to get the 2006 December bank statement certified or just send the original? If the CPA is not able to do audited financial statement for 2006 (which I doubt) are you available to do it? If we do that do we still need to send 2005 tax return? (Labor was filed on 12/26/06 and certified on 1/4/2007. )
    You are the only one who can help us with this questions. I know you are extremely busy, but I am really trying to do this right for this family. They gave up everything in Hungary, (they made like $400.00 per month and life is more expensive than here), so it would be great hardship for them to go back. As I said they don't even have an attorney here. I don't know if that matters because most of them don't know half of what you guys know.
    Anyways please, let me know how to proceed.

    Thank you very much

    xxxxx



    You have to prove ability to pay from the date that labor was filed with state department of labor. Therefore, if you sent the labor in 2001 then you have to prove ability to pay for 2001 through 2006.

    Audited financial statements are very expensive and probably do not suit your needs (At least $5,000 per year). Every year has to show ability to pay not just current year.

    I can do it but it is pretty expensive. It will range from $xxxxx. You can give me a call with the details and I�ll let you know the chances of success.




    --------------------------------------------------------------------------------

    From: xxxxxx
    Sent: Saturday, January 06, 2007 7:26 PM
    To: ny.united@gmail.com
    Subject:

    Hi,

    I heard about you on one of the immigration portals. I am the employer and ready to file I-140 for alien worker. He and his wife are here on B2 visas.
    We are concerned about the ability to pay issue. I heard that you are the best on this.
    The instructions are not clear at all. Do you have to send 3 years of tax returns. 2006 is not done yet, can we send audited financial statements? What is an audited financial statement exactly? What if the company did not have enough net income in 2005 and 2004 but has it in 2006. Can you please help us? As the employer we are willing to help the worker to get the I-140 approved.

    Can you help us? Please, let me know and also how much do you charge.

    Their visa expiring soon, please respond A.S.A.P

    Thank very much
    xxxxxxxx





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  • qasleuth
    05-28 11:55 PM
    [B]
    Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing.

    Help me understand here: when pre-adjudicating applications, either you pre-approve, if not satisfied issue RFE or deny. Why would only 25,000 applications have been pre-adjudicated ? NSC processing timeframe being Aug 27, 2007 and TSC Aug 8, 2007, shouldn't the 25,000 number be much higher when compared to the total of 120,000 applications chargeable to India?



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  • Googler
    02-16 02:30 PM
    That is one way to look at things. The important thing is, whether the Judge looks at the situation the same way. It will be tough job to convince the Judge. If you seek legal opinion from a lawyer, lawyers mostly tend to say that you have a case expecting that that lawyer will be the one filing the lawsuit (i.e. making the money). So be careful with the idea and advise from a lawyer.

    And more importantly, even if 'we have a case', do we have folks who are willing to be plaintiff in this lawsuit. Are you or Googler or chandu (because he replied to my earlier posts suggesting that we will find someone to lead) willing to be the plaintiff, or are you encouraging others (putting the gun on other's shoulder to fire) to be the plaintiff. If you see that there is chance/value in filing lawsuit, why don't you decide to be the plaintiff? Either way, if you are a plaintiff or if you know someone who wants to be one, why don't you take this to IV team.

    Say we have a case, then to go to the next step we need -

    1.) Someone willing to take the initiative/lead
    2.) Plaintiff
    3.) Resources
    4.) There maybe more that I am not able to think at this time, because I no experience of filing class action lawsuit.

    How to find what we need to file lawsuit -

    For (1.), I suggest someone willing to give out his/her name as plaintiff should contact IV. I saw that folks are discussing this on too, but that site is not a non-profit. That site is owned by some guy who is earning good money of off the ads on his site. He won't spend resources to file for lawsuit although he has made good money off of the woes of others tracking their green card case status. So the only viable option is to get IV involved.

    For (2.), if you want to see this through, then, at least one of around 180 folks who voted for filing lawsuit should be willing to be the plaintiff. If not, then someone needs to make phone calls to find a possible plaintiff.

    For (3.), as mentioned above, I don't know of any one organized effort other than IV to lead such an effort of a lawsuit.

    Sanju, while I commend the thought you have put into this, note that the thinking on this is at a VERY VERY VERY preliminary stage. In real life class action lawsuits, named plaintiffs are chosen based on how well they fit the argument in the case, not the other way round. As I said upthread, all those who want decisions, deals, money etc RIGHT NOW are being pretty unrealistic -- probably just because of unfamiliarity with the progress of cases like this. I know people want to be reassured that there is NO risk of losing, every decision node is mapped out, responsibility assigned, but if that is what anyone is thinking they have to rejigger their thinking. ;-)

    If I fit the argument that is eventually made, I'd be more than happy to be a named plaintiff. I also have no problem ponying up a significant amount of money once I'm convinced about the legal argument and the attorney in question.





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  • longq
    02-19 05:32 PM
    What you are talking here is the Eb1-EA category.. and not the general EB1 category..

    The EB1 Category is primarily meant for inter company transfers. Most of the people who qualify to get GC under this category come to US through the inter company transfer route and are primarily on L1-A work visa. Folks under L1-A do not require a labor certification and directly file I-140 /485 unlike people who come on L1-b visa which is also inter company transfer and requires a person to file a labor certification in US and then file GC under Eb2 or Eb3 as the case may be.

    It�s surprising that Eb1 is current for India. Going by the facts.. the top 3 IT companies had shipped most of their project folks infact every other person to US under L1-A in the last few years when H1-b was under scrutiny for these companies. Most of these people who came under L1-A should have applied for GC under Eb1 which should have retrogressed the dates for EB1 also. The only logical reason for this that these companies are being very selective in doing GC now unlike in the past when a lot of people had got GC under this category.. and the date for EB1 for India had retrogressed in beginning of 2006..

    That apart the other reason why this category is current is that most of the staffing companies aka.. body shoppers cannot use this route to get people to US.. because they need to have full-fledged profitable operations overseas�. and the person being sponsored should have atleast worked for 365 days outside US for the company. The consulates do a complete check before giving an authorization under L1-A or L1-B category..

    EB1-Multinational executives also mostly abused catagory. Due to this, the demand for EB1 is very much higer than EB2. See the statisctics 2005, DOS issed 66000 EB1 in 2005 compare to 44000 EB2. If any one things multinational executives are MBA or highly skilled, it is completly wrong. EB1-Mexico is much much higher than EB2-Mexico. Top IT companies in India will not sponser any GC except one or two guys. Like L1 be a short cut for H1, EB1 is shortcut for EB3 & EB2 and to avoid LC. There may be restarunt managers got GC thro EB1. I know one guy got GC thro EB1-Multinational manager thro a small consulting firm having less employees in both India and USA.



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  • _TrueFacts
    09-04 11:19 AM
    This thought of submission is exactly what has always pulled India back from moving forward. That unless you are corrupt you are not normal. Speaking out against corruption is abnormality for us. Just starting out schemes does not ensure good. If everybody from the CM to the peon in the office demands his share how does the money trickle down to the needy?


    Exactly right on point by rkg000.

    Condemn corruption, political killings, land grabbing in any form and curtail wealth distribution to the minimum. YSR's death does not make him great. What makes any politician great is how long his policies and infrastructure development has successfully effected peoples lives.





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  • Caliber
    09-04 12:23 PM
    You are showing your contribution in all your postings. Don't have any shame???
    your left hand should not know what your right hand is doing(giving)
    It is typical for many Indians to put their name in cars (even here) and their contribution to temples to be anounced in public address system and put names on any things which they are donated.
    You need to change the style, if you are in Rome, behave like Romas.

    Romas??? What is that?

    I feel proud to show my contribution in all my postings.

    I live by what I believe in and do not change for people like you.

    You also please donate, if you are really proud to be an Indian the way you put in your signature and let your left hand does not know it. Then talk about my bad things.



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  • snathan
    08-16 11:41 AM
    So shall we strip search Barack Obama or Hillary Clinton on their next visit to India? They can also be accused of bringing something illegal, isnt it?

    Does our people have the balls to do that?





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  • msp1976
    02-15 11:55 AM
    hey anyone know why since democrats have taken control of house, senate, they havent uttered a word on immigration? last year there was so much noise on tv regarding immigration but none at all this year. i wonder what is going on.


    Democratic Majority leader in senate has intruduced the bill S.9 and referred it to the Senate Judiciary commitee.... Immigration is a hot potato... Nobody want to pick it up directly...You are not gonna hear anyone speak about it loudly except the numbersUSA folks....That is the way it is...Wait a few weeks and the 'immigration bhangada(dance)' would start....





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  • unitednations
    02-13 03:03 PM
    I am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.

    Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.

    As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".

    At the end, first-come first served should prevails.


    The 7% is a maximum.

    They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.





    _TrueFacts
    09-03 10:11 PM
    breddy2000,

    You see YSR is in high point, as for you corruption, blood politics, mafia by him are no big deal and normal. What should I say? You are better fit to immigrate to Somalia, Afghanistan or Colombia.

    Every one does that, is that a reason. You claim that you are not a supporter of any one. If that is the case then give due credit where required and criticize and condemn when it’s appropriate.

    As posted by abracadabra102 YSR exactly fits for "No better friend, No worse enemy" and in due course he amassed illegal wealth, corruption and killings.

    His death is the reason this thread is here, living or dead facts are facts and yes Good Riddance that he is no more.

    Yes, will do whatever I can, humbly. In fact it is India’s citizens that are forcing these politicians to implement effective policy not the other way where people are living and enjoying an effective system.





    ujjvalkoul
    10-04 03:49 PM
    I sent my application to Buffalo early Sep., however, have not received the receipt # yet. My friend told me it only took a couple of weeks for him to get his last year.

    Just wonder how long it is gonna take, thanks for any headsup!
    PRoabably 1 -2 months to get receipt letter



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