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  • gcgreen
    08-06 12:59 PM
    Same as you, I saw your post and couldn't help responding :-)

    For what its worth, I too have a PhD, and one would generally agree my academic credentials are impeccable, etc. etc. (Honest, I am not tooting my own horn)

    But I think Rolling Flood is wrong. Way off base. The reason is simple. Work experience COUNTS. You are a fresh Ph.D. graduate, but believe me even you will feel the difference 5 years down the line (3 years in your case :-). If a person gains experience, the USCIS believes that allows a person to be eligible for a job that falls under EB2 classification.

    Now as a very separate and distinct matter, the law says if a person already has a prior approved I140, then that priority date rules. That is the law.

    Now the logical conclusion of the two separate concepts above is that if a person is the beneficiary for an EB2 job, which by dint of experience, he/she simply is per USCIS and most companies (which is why people get promoted to senior/management positions :-), then that person is allowed by law to port their priority date.

    What RollingFlood and the other so-called (RollingFlood: I am not calling you one, but others have called you something similar ;-) smarter-than-thous are making a mistake on is to conflate two separate issues and making a ego-oriented mess in the process. Make no mistake, RollingFlood is very clear in delineating the skill of a person from the job requirements, which many of the EB3 IVians appear to have missed. But nonetheless, his logic is a bit mixed up on the law. It is incontrovertible (assuming that we have correct citations) that the language of the law is saying that an earlier priority date rules. The only issue is whether 5 years or more of experience required for a job makes that job worthy of an EB2 classification. RollingFlood has not explained why a job that requires 5 years or more experience in addition to a B.S. does not make it eligible for EB2. Without that he is likely going to waste a lot of money on lawyers.


    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

    Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

    Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.

    Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
    EB3 means there are a lot like u, so u gotta wait more. Period.





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  • Beemar
    12-30 09:35 PM
    It is preposterous to compare Mumbai attacks with a speculative India involvement in Baluchistan.

    The principal actors, i.e. the actual fighters on the ground in Baluchitan are all Baluchis. Were Qasaab and his other 9 companions Kashmiris? What locus standi these west punjabi fighters have to attack Mumbai?

    Baluch conflict is limited primarily to armed skirmishes between Pakitani army and BLA (and may be some other Baluch nationalist groups). In military terms it can legitimately be called fair fight because both parties are armed. But can shooting unarmed civilians in the back who are sipping coffee or eating dinner or just waiting for a train be called a fair fight? Can the rules of engagement of any country, or the morals of any religion permit that? Isn�t this a text book example of pure unadultrated terrorism.



    I think I agree with quite a lot of what you say. But I think there is some truth in Pakistani fears that India is already supporting anti-state actors in Pakistan, like in Balochistan.



    I don't think we all want that.
    I don't think even all Indians want that.
    I don't think its in the interest of India, or anyone else for that matter, to have a huge Afghanistan on its Eastern border.





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  • pete
    04-09 01:01 PM
    EVERYBODY wants those doing Ms and PhD in certain disciplines to stay. They do no harm AT ALL and actually are an asset.

    Consultants need to be curtailed.



    I think the universities are out of control and need to be fixed too. All these people with MS and PHd's enroll in their courses with the full intention of staying on after completing their courses.

    We should ask that the DOS start randomly denying F1 applications based on a ratio that is calculated by reviewing immigrant applications for the past 5 years.





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  • axp817
    04-07 01:28 PM
    I wonder what the chances are, of this passing and becoming Law and CIR not passing.

    Anyway, I am going to/already have started spreading the word, and will continue to support IV through funds and other means to help prevent this from happening.



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  • kutra
    07-13 09:37 PM
    Disclaimer: I am an EB3-Indian with a PD of Oct 2003.

    Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?

    Remember, a drowning man will clutch on to a straw for hope. You are like a sailor in a boat trying to tell the drowning man that a straw is no good. So, if you cannot get Eb3-Indians to see your point-of-view, just lay off this thread. Do you really expect all EB3-Indians to say "Thanks to delax, we now see the folly of our arguments. Let's stop this irrational effort, and instead just do nothing!"

    I can assure you that despite being an EB3-Indian, I am not participating in this campaign. Because I know that it is a ridiculous argument to expect PD to take preference over skills. And honestly, I cannot come up with a single rational reason to demand a GC for me over any EB1 or EB2 applicant.

    To all you EB3-Indians, chisel this into your brain: The US immigration system wants EB1 first, then EB2 and then EB3. It doesn't matter what your qualifications are or what the profession is...what matters is in which employment-based category was your LC filed. If you think, you are skilled enough, then stop wasting time in arguing with EB2 folks. Use your skills to apply for EB1 (which is current) or EB2 and get your GC fast. Otherwise, get this chiselled into your head as well: You are less skilled than EB2 and EB1 (purely on the basis of the LC category), so it makes 100% sense that US will give you the lowest priority. Period.

    As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.





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  • xyzgc
    12-20 03:32 PM
    It is possible that India may be loser for some extent in short time. But in case of war India will come out winner if India can win decesively similar to Bangladesh war. The parliment attack or Mumbai attack deserves some military action if India is able to destroy some of Terrorist camps. But by the time India preparing for attack the terrorists will move away from their camps and success rate depends on accuracy of timing and intelligence.

    Actually for the past 20 years Terrorists(and Pakistan) lost battle as they acheived nothing by killing innocents. India became superior and biggest development in last 100 years.That is the main reason for changing tactis. Terrorists supported indirectly by Pak ISI or army tried commando attack. But still Terrorists lost battle as India somehow got some sympathy from USA and other Western Countries. I would tell Pak got frustrated as Terrorists got tired. That is the reason Pak army became reckless and indulging in Mumbai Like attacks. Everything including Kargil Pak got failure. As usual Pakistan media is patriotic to their country and they wrote one side analysis. But their media well aware that Geography of India will be huge advantage to India

    Eventually India has to try to attack Pak with international force(Similar to 9/11) if there will be another major Terrorist attack. I sincerely hope and pray God no such attacks will happen in future.

    My feelings are the same. Terrorism is leading Pakistan to destruction and Zardari knows its not working.
    Initially, Paki funded the proxy wars and now the beasts are out of control.

    India is one smug, complacent giant -terorism is not going to make a dent.
    Most of the indians are indifferent and not afraid of going about their lives.
    In Mumbai, the need for survival is intense, you can't stop people from living their daily lives.

    This whole affair has gotten so much international publicity, its blown up in the face of these Pakis.
    Muslims everywhere are under a lens eye - airports, buses, trains, any public transportation people are immediately suspicious. Its creating an embarassing situation for good muslims all over the world.

    Unfortunately, these good muslims are handful, if you look at Pakistani newspapers some of their intellectual journalists sincerely condemn all of this but the readers hold a diametrically opposite view!
    Fortunately, this will educate the readers, slowly but surely. At least it will make them introspect and retrospect.

    The Bombay mullahs refused to bury the terrorists - they don't want a round of riot, they know they will be butchered and nothing good will come out of it.

    Terrorism is not working man!



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  • smisachu
    12-28 09:28 PM
    I agree to what you say. But understand that firing a nuke needs more than having one. Our missile shield is pretty good, we have several anti missile defence shields installed all across the border with Pakistan including the Rann of Kutch. Yes they are only tested and not war tested, but so are pakistans wepons. At least our wepons are self produced, paks are purchased chinese crap. I doubt nukes will be used even if there is a conflict.

    As you say we have suffered for 60 years due to terrorism and we need to end it. I am not advocating war but killing all terrorists. India has no interest in Pakistan and has no use for it if we occupy it. I was just highlighting the capacity of our Army not advocating marching to Islamabad. All we need to do is get back POK into our control and eliminate the Terrorists there, revoke article 370 and assimilate Kashmir and kashmiris into rest of India and vice versa.

    Listen as some one who has lost a cousin in Kargil and an uncle in 71 war and with 3 cousins still serving in the force , I know the pain of war closer than you might think. Thats why I want to end it once and for all. Do you know, a Jawan is killed due to COLD in siachen glazier every week and this is a place we dont have to put our boys on through the winter, but we do just because if we dont Pak will occupy our post come Summer.
    We need to kill terrorists and let modren pakistanis to gain control of the country, until this is done this problem will not go away for India or the US or anyone else.

    I hope thats your bravado speaking. Otherwise what you have stated is mostly inaccurate. Much as I would like to see Pakistan walloped for supporting the jehadi pigs, what war could potentially escalate into is far scarier than 200 people killed in Mumbai. It could mean the deaths of hundreds (or many times that) people - both Indian and Pakistani. That casualty number is not acceptable given that we've been absorbing thousands of losses in the last 50 years...scratch that - even in the last 20 years. IMHO Kargil was a bigger event than Mumbai than this since they had the b*lls to waltz onto Indian territory.

    Strategically, India has no advantage pushing on to Islamabad (which is why we didn't in the wars earlier). Logistics will not support an invasion - primarily because the local population will not support it. And then it means killing thousands of non army personnel to hold on to territory and sustaining the same kind of losses. ('71 push to Dhaka was a contrast because the local population was supportive of India's/ Muktibahini push)

    Nukes - for the delivery mechanism it doesn't need to be accurate - it just needs to get close and explode above or around the target. If it explodes in the air there are fewer casualties than if it were to land on the ground - then the massive fallout would be even more catastrophic. Anti-missile shield? Wow - but no way are they going to be effective. 4 minutes of flying time from Pak to India for an aircraft - its hard intercepting aircraft (which are far slower than missiles the last time i checked).. you need to research a little more before speaking up. And none of India's or for that matter Pakistans missiles have been war-proven (remember Murphys law - yes that will creep in here also)

    Yes - India can wipe out terror camps; wipe out the PAF/ Pakistan army etc. But what is the strategic advantage? An economic setback of 20 years? No buffer between Afghanistan, and the hardcore mullahs west of Pakistan (most Pakis outside of the ISI are liberal Islamists). Also, the US will be more concerned about the Afghan border and will step up international pressure on India to let Pakistan be - worse - it could take an offensive posture against India as in '71 (like everyone else US cares about its interests first)

    Pakistan is that spoilt younger sibling to India that keeps making noise to get whatever it wants. Now the time has come when even they know they've gone too far. And its A**kicking time - but not militarily. A tough stance from India and the rest of from the rest of the world will work also. Tough love, baby!

    India's interests are best served by getting ISI branded a terror organization, Pakistan a terror state and by de-linking Kashmir with the whole terror issue since most of the terrorists are non locals anyway (because Pakis want the focus on Kashmir). Repeal article 370 so that Kashmiri Pandits are assisted in returning to Kashmir along with other Indians (whatever religion so wants to). Rebuild Kashmir economically. Help liberal Pakis rebuild their country - and with a better economy, maybe good sense will prevail in that failed state.

    Strength is not always an action of force. Strength is sometimes force of action - and India needs to be forceful in its actions - not relenting, not giving up until South Asia is a peaceful place again.





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  • vamsi_poondla
    10-01 04:17 PM
    This is off-topic..but you need to think of small businesses that keep wages for < 10 employees etc in their accounts.

    Thats because the rich folks all of sudden who have more then 100k in their accounts felt unsecured and obviously the US government for the rich is helping the rich.

    Coming to the topic, how many think that Sen Obama (as Prez Obama) will help our cause in case there is a CIR or piece meal EB provisions.



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  • Marphad
    12-22 04:43 PM
    I attended one meeting lectured by Mr. Arun Shourie. He gave a classic example of people's mentality:

    In West Bengal, in early 90s Banks wanted to introduce computerized system. Union opposed heavily keep saying this is "Inhuman" and against the labor. And to the surprise, union won. They had to postpone plans to introduce computers on lower level.

    Meanwhile, private banks came in. Their services were much better and faster and nationalized banks started facing serious customer satisfaction problems consequeted to business loss. Then the same union came on road against nationalized banks - actually broke couple of them like a riot saying that these people are stealing our breads.


    Isn't this the same some religious organizations are doing? They are not training kids for professional world. And then they teach people like Kasab that other side of border is rich and we are poor.

    Think over this.





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  • conchshell
    08-05 06:51 PM
    By the time, the lion gets the GC, he might have forgot he was a lion, and even after getting GC, he will continue to act like monkey.

    Yes ... this leads to a pale and worried Lion keep worrying that whether he should stay with the current zoo for n number of days before taking a new position at some other zoo.

    Looks like a story plot for Madagascar III



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  • sanju
    12-18 05:41 PM
    Why is it that there are no true democracies in the middle east? Have you ever thought of that? Do you realize that in a country like Saudi Arabia women are oppressed and they have to follow the dictates of the mullahs!! Every person, irrespective of their personal faith is subject to the Sharia laws!! Is that justice!! Why is it that Muslims don’t see oppression within their own country and try wage a jihad against that? Why is it that Muslims don’t want to spend time and effort cleaning up their own house?


    Let me tell why, because it has got to be someone else's fault. Those terrorist who attacked America no 911 had nothing to do with Chechenya or Palestine or Darfur. They were merely blinded by their twisted world view that was based on their twisted belief system. And the applied to the terrorist who attacked Mumbai on 11/26.

    Although it is difficult to swallow what these misguided guys did, it is even more difficult to see EDUCATED LITERATE people defend barbaric heinous inhuman actions in the name of religion. I can't even image in the wildest of my dreams anybody's GOD will tell someone to conduct such acts and anybody's GOD will tell that person to defend such acts. This has got be work of an extremely inferior mind which says - lets try to reason out why such attacks are conducted on unarmed civilians including woman and children. Denfending such acts in the name of religion is worst than participating in this crime against humanity.

    And if I am incharge and decision maker, if the objective of terrorist is to draw attention to a specifc cause to solve it to their liking, I will make sure that that issue is never EVER addressed. No compromise and no negotitions with terrorists, EVER.


    .





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  • delax
    07-14 08:48 AM
    fine, then why are we working so hard to remove the per country limit? That was set by law too!!!

    We can't pick only those options that would favor us. Sometimes changes bring hard-luck.

    Sure sometimes change can bring hard-luck, but remember that if you want to change your luck at my expense purely based on your length of wait and regardless of skill level as established by law, then DON'T expect me to not push back. Another letter countering the position can always be written in an individual if not collective capacity.

    I also wonder where was all this thought about change and hard-luck when EB2-I was shafted last year and numbers spilt over to EB3ROW.



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  • chanduv23
    05-17 07:13 AM
    Behave like a high skilled person. Do not use bad words just because someone is against your opinion. Again if you use everything is appilcable to you. That means you are losing track and you do not have valid argument. You do not have sense that this thread is not for discussion for gc. This thread is about the H1b issue and Durbin bill. This my last reply for you. I will ignore you hereafter if you behave like this. I wasted my time for replying you. So you also do not reply my arguments.

    Look at the bigger picture, my dear friend. The biggest thing in life that drives a man's opinion is not education or skill or awareness, it is purely perception. A good example is of the man who shot his wife as soon as she opened the door for him and all the while he was thinking that there is an intruder at home. This was his perception.
    A public system always has issues and loopholes and a business is created basic on public systems like h1b or GC etc.... thats how public systems are. You are no special. Take example of American Idol. No matter how good you are, you can be voted out. You are exactly in a public system. In a pubilc system everyone goes through something that is called reality check and this will happen to anyone. If rich people think their kids must never gop through this and protect them, at some stage they have to come in terms with reality.

    I am in full support of American friends who lost their jobs, and I think we must do everything we can to help them get a job. But when it comes to businesses, the logic is different. They will try to get the best deal. Everyone knows the system and its loopholes and will do best to get more competitive and get better.

    Open yourself up and come out of your narrow minded approach, you will see a different world.

    One thing I noticed in likes of you. You people are jelous of desi consulting companies because of their misuse of loopholes and making great money and driving ferraris. Well, if you have an option to do that, you must and if you can you must, so many American people mix hands with desi body shops on partnerships and involve in this business. While an abuse of visa may affect you, you must work hard to stop that abuse. Just to protect your self interest you are blaming them, is not right.





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  • nogc_noproblem
    08-26 09:27 PM
    Simple Questions, Complicated Answers

    Why does monosyllabic have five syllables?

    Why are there interstate highways in Hawaii?

    Why do we drive on parkways and park on driveways?

    Why are they called apartments, when they're all stuck together?

    Why do scientists call it research when looking for something new?

    Why do they call it a building? It looks like they're finished. Why isn't it a built?

    Why is it when you transport something by car, it's called a shipment, but when you transport something by ship, it's called cargo?

    If vegetarians eat vegetables, what do humanitarians eat?

    If price and worth mean the same thing, why priceless and worthless are opposites?

    Is there another word for synonym?

    Is it possible to be totally partial?



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  • mrajatish
    07-08 10:35 AM
    1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

    2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

    3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

    _____________________
    Not a legal advice.
    You are right about the dependent/derivative thing - it was my misunderstanding.

    The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df


    Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm

    245(k) reads:

    "(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;

    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--

    (A) failed to maintain, continuously, a lawful status;

    (B) engaged in unauthorized employment; or

    (C) otherwise violated the terms and conditions of the alien's admission."

    Unauthorized Employment
    Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.





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  • eb2_hope
    08-26 10:01 PM
    Couldn't resist writing this one...for all of us with older priority date

    Jaane woh kaise log the jinke
    485 ko approval mila
    hamne to jab bhi call kiya
    humko RD/ND/PD ka jaal mila

    Still praying ..
    PD Dec 2004

    & then on a lighter note...mera number kab aayega

    Hamko bhi to lift kara de ..thodi si to lift kara de..
    kase kason ko diya hai..jaise taise ko diya hai
    Hamko bhi to lift kara de ..thodi si to lift kara de..



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  • amulchandra
    04-07 02:39 PM
    There are many big companies that depend completely on consultants for their software projects. Example Sony, Boeing... If this applies to existing H1bs then their projects will suffer a great loss.

    ERP softwares basically are implemented by consulting firms .Then all big companies including Oracle,SAP cannot implement their applications anywhere as they have to hire people on their own to implement.All ERP implementations can be treated as consulting.This is going to be a big mess.

    I don't think this bill is going pass successfully.





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  • kannan
    08-14 07:34 PM
    To United Nation

    I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?





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  • panky72
    08-11 04:04 PM
    Dear banta
    Vahe Guru !

    I am in a well here and hoping you are in the same well there. I'm writing this letter slowly, because I know you cannot read fast.

    We don't live where we did when you left home. Your dad read in the newspaper that most accidents happen 20 miles from home, so we moved 20 miles. I wont be able to send the address as the last Sardar who stayed here took the house numbers with them for their new house so they would not have to change their address. Hopefully by next week we will be able to bring our earlier address plate here, so that our address will remain same too.

    This place is really nice. It even has a washing machine, situated right above the commode. I'm not sure it works. Last week I put in 3 shirts, pulled the chain and haven't seen them since.

    The weather here isn't too bad. It rained only twice last week. The first time it rained for 3 days and second time for 4 days.

    The coat you wanted me to send you, your Aunt said it would be a little too heavy to send in the mail with all the metal buttons, so we cut them off and put them in the pocket.

    Your father has another job. He has 500 men under him. He is cutting the grass at the cemetery.

    By the way I took Bahu to our club's poolside. The manager is really badmash. He told her that two-piece swimming suit is not allowed in this club. We were confused as to which piece should we remove?

    Your sister had a baby this morning. I haven't found out whether it is a girl or a boy, so I don't know whether you are an Aunt or Uncle.

    Your uncle, Jetinder fell in a nearby well. Some men tried to pull him out, but he fought them off bravely and drowned. We cremated him and he burned for three days.

    Your best friend, Balwinder, is no more. He died trying to fulfill his father's last wishes. His father had wished to be buried at sea after he died. And your friend died while in the process of digging a grave for his father.

    There isn't much more news this time. Nothing much has happened.


    P.S: Beta, I was going to send you some money but by the time I realized, I had already sealed off this letter.~~~~~ ~~~





    GCmuddu_H1BVaddu
    01-09 10:21 PM
    sunnysurya Hate Converting EB3 To EB2.


    A supporter of terrorism left a red dot with this message:
    "if u r so concerned about india and attacks on india,,,what are u doing in US? U should be in politics in india if u think so bad about the indian politicians,,,go get ur hand dirty in it first then blaim the politicians"

    My very simple reply to that person.
    ---

    I am in every right to express the concerns for my country of origin. Of course not blindly. It takes for ever to hang Afzal Guru and almost no concrete repsonse to the bombings in Delhi, Gujrat, Karnataka, Hyedrabad etc etc, which directly affect my freinds and family over there. If it is not politics then what it is.

    Finally, if Jews can express their concerns for Israel (which I also support full heartedly and unconditionally) so can we, with the same passion.





    gc4me
    08-11 04:33 PM
    Two office colleagues, a British and an Indian are having their lunch in a restaurant . The Indian says," You know my parents are forcing me to get married to this so called homely girl from a village whom I haven't even met once. We call this arranged marriage. I don't want to marry a girl whom I don't love...I told them this quite openly and since then I have a hell lot of family problems."

    The British said, "So you think there are no problems in a love marriage?...
    Let me tell you my story. I married a widow with a daughter whom I deeply loved and dated for 3 years. After a couple of years, my father fell in love with my step-daughter & married her and so my father became my son-in-law and I became my father's father-in-law. My daughter is my mother and my wife became my grandmother. More problems occurred when I had a son. My son is my father's brother and so he's my uncle. Situations turned worse when my father had a son. Now my father's son i.e. my brother is my grandson. Ultimately, I have become my own grand father and I am my own grandson. And you say you have family problems.... Give me a break!!"



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