kondur_007
07-23 03:15 PM
Thanks !! I had a quick question ..the rules for the spillover, is that a law or does that depend on USCIS or DOS ?
In other words can they change the rules for spillover once again ..say next year ?
Hmmm...that's the question everyone is asking and I tried to read the actual law on this. I am not a lawyer, but what I can interpret is this: The law does not say anything about the "primary handle". In other words, if there is a spill over, should it be confined to the categories or to the countries... (which is a 'stronger' limit: per country or the category?) and this issue is not addressed specifically and that's why DOS has decided to interprete it differently now....
So in short, you are right: it is purely an interpretation from someone in DOS and it may change
I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)
That is actually a wishful thinking, and eventhough a long shot, it is possible with USCIS (anything is possible with them:p)
But remember, if they use up this year's numbers by sept, they will retrogress everything again till the end of next fiscal year and that buys them another year to process those applications (without the worry of dealing with any new 485s due to retrogression)
They will think several hundred times before making EB2 current, because that will mean a new round of applications (everyone with PDs in 2006 have filed their 485 already any way, and so current advancing of the dates was a calculated move not to allow any new filing).
But as I said above, anything is possible with USCIS:p
Good Luck to all of us...
In other words can they change the rules for spillover once again ..say next year ?
Hmmm...that's the question everyone is asking and I tried to read the actual law on this. I am not a lawyer, but what I can interpret is this: The law does not say anything about the "primary handle". In other words, if there is a spill over, should it be confined to the categories or to the countries... (which is a 'stronger' limit: per country or the category?) and this issue is not addressed specifically and that's why DOS has decided to interprete it differently now....
So in short, you are right: it is purely an interpretation from someone in DOS and it may change
I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)
That is actually a wishful thinking, and eventhough a long shot, it is possible with USCIS (anything is possible with them:p)
But remember, if they use up this year's numbers by sept, they will retrogress everything again till the end of next fiscal year and that buys them another year to process those applications (without the worry of dealing with any new 485s due to retrogression)
They will think several hundred times before making EB2 current, because that will mean a new round of applications (everyone with PDs in 2006 have filed their 485 already any way, and so current advancing of the dates was a calculated move not to allow any new filing).
But as I said above, anything is possible with USCIS:p
Good Luck to all of us...
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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?
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?
ramus
07-03 05:14 PM
Thanks..
Other members from Ohio please make a call to Ralph Regula..
Ralph Regula in Ohio
Other members from Ohio please make a call to Ralph Regula..
Ralph Regula in Ohio
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Caliber
09-04 11:15 AM
Mr. CHANDV23.....You should have been aware that when you are logged in with your alias(aka _TrueFacts) it turns "Green dot" beside your ID. Your other ID "CHANDUV23" turns blue if you do not use it...
I guess this is what is called "Wolf in Sheep clothes"
_TrueFacts,
I beg to request you to please stop your postings. You are damaging the reputation of a respected member Chandu as people assume you are Chandu.
Many of us have our own opinions and likings/dislikings. One may not like each other's opinions. But we are together here to have our own lives.
For YSR supporters: All of you are aware of what YSR has done to P.Janardhan Reddy when he died. And all of you know how YSR ill treated great prime minister PV Narasimha Rao before and after his death.
It will be great if all of you can contribute some dollars to IV for their lobbying for GC.
I guess this is what is called "Wolf in Sheep clothes"
_TrueFacts,
I beg to request you to please stop your postings. You are damaging the reputation of a respected member Chandu as people assume you are Chandu.
Many of us have our own opinions and likings/dislikings. One may not like each other's opinions. But we are together here to have our own lives.
For YSR supporters: All of you are aware of what YSR has done to P.Janardhan Reddy when he died. And all of you know how YSR ill treated great prime minister PV Narasimha Rao before and after his death.
It will be great if all of you can contribute some dollars to IV for their lobbying for GC.
more...
svr_76
05-11 10:54 AM
And you have moved to the US. Participating in IV forums to see when/how the visa bulleting can be changed so your date becomes current and you get a GC and are free to hop and try to get a job of your dream. Why do you care about these things? Just wait for your card man...enjoy the wait in the line..rest of the stuff is not of your worry (unless offcourse you get laid off and then all of a sudden your patriotism wakens up...and u get all firedup to proove your mettle in your own land.?
Leave this pseudo-patriotism in your apartment dude as u are in the land of dreams that you dreamt about. Just worry about the time it takes for u to get GC and then wait 5 years to get citizenship.
Leave this pseudo-patriotism in your apartment dude as u are in the land of dreams that you dreamt about. Just worry about the time it takes for u to get GC and then wait 5 years to get citizenship.
lazycis
02-14 12:19 PM
No one can prove that USCIS intentionally took decisions so that they waste the visas.
Well, I can prove it based on the recent name check memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't IJ able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along! Why did not they removed name check after they wasted 80k+ visas in FY 2003? Did not they know about it? Was it not intentional?
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
See also most recent Mocanu ruling
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
"USCIS’s name check requirement has (1) never been authorized by Congress; (2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions "
Why should people suffer because of government screw up?
Well, I can prove it based on the recent name check memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't IJ able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along! Why did not they removed name check after they wasted 80k+ visas in FY 2003? Did not they know about it? Was it not intentional?
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
See also most recent Mocanu ruling
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
"USCIS’s name check requirement has (1) never been authorized by Congress; (2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions "
Why should people suffer because of government screw up?
more...
pcs
07-03 04:12 PM
This email has been sent to all major TV anchors...
Hi ,
This is not a regular mail.. I on behalf of many others need the support of honest media persons like you, else our faith in American media will be gone for good....
pl. read on...
Illegal action by USCIS causes $ 300 million loss in a single day to Legal & Skilled Immigrants ( Doctors, Engineers & Scientists ) not counting the hardships.
Skilled immigrants like Doctors, Engineers & Scientists have been paying all the taxes, following all the laws of the land and have been stuck in huge wait period of 3- 7 years to obtain green card.
On 13th of June 07, USCIS announced that all these people stuck for years can apply for the green card starting 2nd July 07. Everyone spent 2 weeks & $3000 per person at the minimum towards Attorney fees, medical tests & other unsalvageable direct costs prepared the application and started to send it to USCIS starting 2nd July 07.
In an unusual act of absolute disregard to the hardships and financial loss of these applicants, USCIS announced on the morning of 2nd July 07 that they will not accept any application for green card.
A COMPLETE REVERSAL OF THEIR EARLIER PLOICY ON THE VERY 1st DAY OF THE WINDOW ANNOUNCED BY THEMSELVES.
If nobody takes an action to support law abiding legal immigrants at this time, everyone talking about supporting the laws of the land on immigration issue needs to look into his / her own eyes in the mirror.
What we demand �. Talk to USCIS & encourage them to ATLEAST accept the applications sent by these innocent Skilled Immigrants so that they do not suffer at least the financial loss. USCIS can take their own time to award the green card at a later date
ARE WE ASKING FOR TOO MUCH ???????????????????
Hi ,
This is not a regular mail.. I on behalf of many others need the support of honest media persons like you, else our faith in American media will be gone for good....
pl. read on...
Illegal action by USCIS causes $ 300 million loss in a single day to Legal & Skilled Immigrants ( Doctors, Engineers & Scientists ) not counting the hardships.
Skilled immigrants like Doctors, Engineers & Scientists have been paying all the taxes, following all the laws of the land and have been stuck in huge wait period of 3- 7 years to obtain green card.
On 13th of June 07, USCIS announced that all these people stuck for years can apply for the green card starting 2nd July 07. Everyone spent 2 weeks & $3000 per person at the minimum towards Attorney fees, medical tests & other unsalvageable direct costs prepared the application and started to send it to USCIS starting 2nd July 07.
In an unusual act of absolute disregard to the hardships and financial loss of these applicants, USCIS announced on the morning of 2nd July 07 that they will not accept any application for green card.
A COMPLETE REVERSAL OF THEIR EARLIER PLOICY ON THE VERY 1st DAY OF THE WINDOW ANNOUNCED BY THEMSELVES.
If nobody takes an action to support law abiding legal immigrants at this time, everyone talking about supporting the laws of the land on immigration issue needs to look into his / her own eyes in the mirror.
What we demand �. Talk to USCIS & encourage them to ATLEAST accept the applications sent by these innocent Skilled Immigrants so that they do not suffer at least the financial loss. USCIS can take their own time to award the green card at a later date
ARE WE ASKING FOR TOO MUCH ???????????????????
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hopefulgc
02-13 02:39 PM
I am ready to commit $25 for the initial consultation with Rajiv or some other lawyer. I have no qualms about raising my commitment if there is need.
Even I am ready to put in $ 25 for the first consultation with Rajiv khanna or any other Lawyer IV core wants to go with. And if IV plans to go ahead with class action lawsuit as per requirement will raise my monetary commitment. please PM me if IV core plans to go ahead.
Even I am ready to put in $ 25 for the first consultation with Rajiv khanna or any other Lawyer IV core wants to go with. And if IV plans to go ahead with class action lawsuit as per requirement will raise my monetary commitment. please PM me if IV core plans to go ahead.
more...
PlainSpeak
01-14 01:18 PM
.
My friend willgetgc your last post was so nice and so articulate i cannot believe you would again fall from teh pedestal and comment on something so bad i am sure it repluses your spouses or your parents and i am not sure they would want you to talk like this about anyone
Now my frined please never iask me what my specific ideas are because you do not beleiev in it and you have no respect for what i might say so why ask
My friend willgetgc your last post was so nice and so articulate i cannot believe you would again fall from teh pedestal and comment on something so bad i am sure it repluses your spouses or your parents and i am not sure they would want you to talk like this about anyone
Now my frined please never iask me what my specific ideas are because you do not beleiev in it and you have no respect for what i might say so why ask
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s_r_e_e
09-23 10:20 PM
I will send from the Bussiness Email ID tomorrow.
more...
reddy2cool
09-23 09:42 AM
Nixstor: I know how responsible person you are. You must have given lot of thought to this. Even if 20-30% people buy house, that reduces the no of applicants waiting for GC which will make it faster for the people that do not want to buy now for various reasons.
I fully support this idea. Thanks for bringing such good and justified proposal.
Definetely a good idea, I completely endorse it. Even for people who arent eligible/dont have money right away- dont you think reducing the line will eventually help all of us. we dont need to jump 100 ft at once (read relief for all) as long as we are able to jump 10ft once without injuring ourself. Also for people cribbing about seperating rich, anywhere in the world i.e the concept after all they are taking huge risk by investing their hard earned money (just like 20% people contribute to 80%of taxes) they need a break somewhere.
I fully support this idea. Thanks for bringing such good and justified proposal.
Definetely a good idea, I completely endorse it. Even for people who arent eligible/dont have money right away- dont you think reducing the line will eventually help all of us. we dont need to jump 100 ft at once (read relief for all) as long as we are able to jump 10ft once without injuring ourself. Also for people cribbing about seperating rich, anywhere in the world i.e the concept after all they are taking huge risk by investing their hard earned money (just like 20% people contribute to 80%of taxes) they need a break somewhere.
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TeddyKoochu
09-24 10:28 AM
I believe that to maintain a steady 485 EB2-I queue the dates should advance fairly fast till maybe the end of 2007 much sooner than September. Following are the reasons, 6 months back probably there were less pre-adjudicated applications so the focus was reviewing and completing these cases, now most of the applications are pre-adjudicated and the route for steady approvals looks clear like what has happened in Sep 2009 for 2004 cases. There will be a time if the spillover happens as many have predicted then most of the cases will get approved and the pre-adjudicated applications will be less or even dry out, so in the letter and spirit I feel that the 485 pipeline should be equally populated at all steps, considering that the 485 approval process is long and has several steps. This year represents great hope for people who missed Jul 07; I guess its time for the next batch to get EAD/AP, I hope Iam not being over optimistic. Feedback and comments welcome for all.
more...
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gopinathan
07-28 08:24 PM
dude... that is fundamentally incomplete. you should add - "as long as you don't cause discomfort to others or trespass their personal space".. there is a big difference..
... No work is small or big , good or bad , work is work.. ... Grow up.
... No work is small or big , good or bad , work is work.. ... Grow up.
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Macaca
06-27 11:03 AM
From pages 36-37 of CIS Ombudsman's 2007 Annual Report to Congress (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf).
In the 2006 Annual Report (at p. 16, AR 2006 -- 02), the Ombudsman also recommended that USCIS assign visa numbers to employment-based green card applications as applicants file them. The Ombudsman continues to recommend that USCIS work with DOS to reinstate that process which existed in the early 1980s, wherein DOS issued visa numbers for both employment and family-based applications for applicants as they applied rather than as they were approved. This process would ensure that USCIS does not accept more applications than the number of visas available.
With respect to the recommendation that USCIS assign visa numbers to cases as they are received, the process the Ombudsman describes was the process in place a number of years ago. DOS, which manages overall visa number allocations, modified that process to the procedure in effect today. It is their policy to allocate visa numbers to USCIS adjustment cases only as the point of approval is reached.
However, through the tri-agency meetings, DOS explained that the modification to the program occurred in the early 1980s because INS could not adhere to the requirements to return unused visa numbers immediately. The Ombudsman understands that DOS prefers that cases are reported qualified for a visa earlier than at approval. In the last several months, there have been several suggestions on how to accomplish that task, but operational concerns remain. The Ombudsman hopes that USCIS and DOS can reestablish the older program with improved processing and technology to ensure timely and accurate reporting of cases ready-to-issue and to prevent the future loss of visa numbers.
In the 2006 Annual Report (at p. 16, AR 2006 -- 02), the Ombudsman also recommended that USCIS assign visa numbers to employment-based green card applications as applicants file them. The Ombudsman continues to recommend that USCIS work with DOS to reinstate that process which existed in the early 1980s, wherein DOS issued visa numbers for both employment and family-based applications for applicants as they applied rather than as they were approved. This process would ensure that USCIS does not accept more applications than the number of visas available.
With respect to the recommendation that USCIS assign visa numbers to cases as they are received, the process the Ombudsman describes was the process in place a number of years ago. DOS, which manages overall visa number allocations, modified that process to the procedure in effect today. It is their policy to allocate visa numbers to USCIS adjustment cases only as the point of approval is reached.
However, through the tri-agency meetings, DOS explained that the modification to the program occurred in the early 1980s because INS could not adhere to the requirements to return unused visa numbers immediately. The Ombudsman understands that DOS prefers that cases are reported qualified for a visa earlier than at approval. In the last several months, there have been several suggestions on how to accomplish that task, but operational concerns remain. The Ombudsman hopes that USCIS and DOS can reestablish the older program with improved processing and technology to ensure timely and accurate reporting of cases ready-to-issue and to prevent the future loss of visa numbers.
more...
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snathan
08-16 11:40 AM
Is this what anti's call us? I think most of us are not just cheap labour. Definitely paid more that the average wage levels.
He is talking about himself....dont worry.
He is talking about himself....dont worry.
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sunty
02-12 11:00 PM
Lawsuit might be worth looking into...If you see majority of any type of immigration fixes, a lawsuit or a threat of a lawsuit has been one of the major reasons for USCIS to give some ground....
more...
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texanguy
09-23 02:20 PM
I think it would serve better to our community to channel our efforts toward eliminating the need of EAD and AP document and have I-485 receipt serve as those documents. It will take the pain away for the waiting people.
All the USCIS needs to do is to declare that they will accept I-485 receipt as a proof for employment eligibility (maybe along with passport etc.)
i mean afterall, do you really think that congress will pass any legal immigration bill before election? i dont think so, it probably would be in the lame duck session if we are lucky.
All the USCIS needs to do is to declare that they will accept I-485 receipt as a proof for employment eligibility (maybe along with passport etc.)
i mean afterall, do you really think that congress will pass any legal immigration bill before election? i dont think so, it probably would be in the lame duck session if we are lucky.
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vamsi_poondla
02-14 12:06 PM
I do not support law suit for two reasons,
1) I do not believe that lawsuit will bring a positive decision that benefits the whole community.
2) I do not know any of those who tells that they support lawsuits, their level of commitment for becoming plaintiffs, commit the $s, time and energy
I dont care if USCIS scrutinizes those plaintiffs applications closely. They can and they should. Those who are in such a good strong GC cases alone can come forward and participate because if it is legal battle, every thing is fair on both parties to use all legal means to weaken other party.
You can stretch a government agency only to certain extent. No one can prove that USCIS intentionally took decisions so that they waste the visas. Just like my client cannot sue me for the bugs I introduced in my code.(in my good developer days). At the most court might ask agency to prove that they improved the process which USCIS can prove easily.
I urge all members to understand the reasons why we should not support lawsuit. It is not a true consumer rights issue. It is a government agency with limited resources, ideas and priorities.
Finally, what is it to the community on the whole - recapture of unused numbers. Then what whoever gets GC will be happy with their life and what about other deserving GC aspirants. As an organization, our objectives are very clear - we are pro-legal immigration, grass-roots organization for GC Reforms. We believe in lobbying. We believe in making the agencies improve the process, work with congress to increase numbers/ remove country caps, believe in the benefits of legal highly skilled immigration. If the idea is to benefit those 20% before 2004/2005 and not the whole community, I think it is selfish.
I believe in IV strength, IV core principles, IV approach and IV leadership maturity. Every scenario is carefully thought, researched and evaluated even before turning down that idea.
Success has many fathers but failure is an orphan. IV is the kind of organization which keeps the failure attempts also transparent and keeps the members in loop. It also introspects what went wrong and changes the course in next step. Admin relief is the first and foremost priority for us. next is increased lobbying with lawmakers.
1) I do not believe that lawsuit will bring a positive decision that benefits the whole community.
2) I do not know any of those who tells that they support lawsuits, their level of commitment for becoming plaintiffs, commit the $s, time and energy
I dont care if USCIS scrutinizes those plaintiffs applications closely. They can and they should. Those who are in such a good strong GC cases alone can come forward and participate because if it is legal battle, every thing is fair on both parties to use all legal means to weaken other party.
You can stretch a government agency only to certain extent. No one can prove that USCIS intentionally took decisions so that they waste the visas. Just like my client cannot sue me for the bugs I introduced in my code.(in my good developer days). At the most court might ask agency to prove that they improved the process which USCIS can prove easily.
I urge all members to understand the reasons why we should not support lawsuit. It is not a true consumer rights issue. It is a government agency with limited resources, ideas and priorities.
Finally, what is it to the community on the whole - recapture of unused numbers. Then what whoever gets GC will be happy with their life and what about other deserving GC aspirants. As an organization, our objectives are very clear - we are pro-legal immigration, grass-roots organization for GC Reforms. We believe in lobbying. We believe in making the agencies improve the process, work with congress to increase numbers/ remove country caps, believe in the benefits of legal highly skilled immigration. If the idea is to benefit those 20% before 2004/2005 and not the whole community, I think it is selfish.
I believe in IV strength, IV core principles, IV approach and IV leadership maturity. Every scenario is carefully thought, researched and evaluated even before turning down that idea.
Success has many fathers but failure is an orphan. IV is the kind of organization which keeps the failure attempts also transparent and keeps the members in loop. It also introspects what went wrong and changes the course in next step. Admin relief is the first and foremost priority for us. next is increased lobbying with lawmakers.
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crazyghoda
10-16 01:59 PM
Some moron gave me a Red for my post below with the comment ".."
Seriously dude, if you are so naive as to think that ROW folks are just going sit around and watch EB2 India consume the spillover numbers, then get your head examined or stop smoking that pipe. Have you ever wondered how low the participation is from ROW applicants on these forums? This is simply because for the most part its become a desi forum mostly dominated by EB2 folks.
Or you can give me another red and stick your head back in the sand (...or in those clouds, whatever the case may be)
A lot of EB2 folks are getting excited about getting the spillover from EB1 and EB2 ROW but has anyone contemplated that lots of EB3 ROWs will now start at looking at porting their dates to EB2 just as most people from EB3 India are?
Boy, I sure wish I was a lawyer! If this system remains as screwed up for another 20 years, I am surely sending my kid to law school :D
Seriously dude, if you are so naive as to think that ROW folks are just going sit around and watch EB2 India consume the spillover numbers, then get your head examined or stop smoking that pipe. Have you ever wondered how low the participation is from ROW applicants on these forums? This is simply because for the most part its become a desi forum mostly dominated by EB2 folks.
Or you can give me another red and stick your head back in the sand (...or in those clouds, whatever the case may be)
A lot of EB2 folks are getting excited about getting the spillover from EB1 and EB2 ROW but has anyone contemplated that lots of EB3 ROWs will now start at looking at porting their dates to EB2 just as most people from EB3 India are?
Boy, I sure wish I was a lawyer! If this system remains as screwed up for another 20 years, I am surely sending my kid to law school :D
at0474
12-14 12:55 PM
......
--Although I agree with what you said in earlier post (I had to debate with someone who thinks otherwise), I find this post in poor taste.
Please guild your temper while expressing yourself and refrain from bursting out. Looks bad to the outsiders if they visit these forums.
Ofcourse, humor is always welcome.
--Although I agree with what you said in earlier post (I had to debate with someone who thinks otherwise), I find this post in poor taste.
Please guild your temper while expressing yourself and refrain from bursting out. Looks bad to the outsiders if they visit these forums.
Ofcourse, humor is always welcome.
BharatPremi
07-26 03:58 PM
India of course. I am here for the same reason that you are - India sucks.
At least India gave you the oppertunity to develop "High Skill" which can be accepted by USA and so you are here. If India might not have given you that oppertunity then Would it be able for you to rant on this board?
At least India gave you the oppertunity to develop "High Skill" which can be accepted by USA and so you are here. If India might not have given you that oppertunity then Would it be able for you to rant on this board?
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