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  • cinqsit
    03-24 07:46 PM
    Isn't the employee-employer relationship between employee and the consulting company ?
    Why should USCIS get into the details of how the companies conduct their business ( like asking for client letters etc ) ?
    Is USCIS supposed to do this?

    USCIS probably does that to identify whether the job offer is bonafide. Especially with the rampant misuse of the system I am guessing thats how they make sure that all these problems like benching without pay, layering, working on lower salary and higher per diems are weeded out

    Painful as it may sound -- to say the least it is in our(employee's) long term interest. Though it appears as though its a measure designed to be against the spirit of at will employee-employer relationship I think its going to cleanse the system and make it more viable for everyone -- clients, employers and employees





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  • bfadlia
    01-08 10:43 AM
    I have use the word bastard after you used for Jews. You have said, your war will end till Jews are defeated. So get my reply. Don't cry!!!!! foul !!!

    read your comments:

    Quote:
    Originally Posted by bfadlia
    I agree, the conflict discussed here is a political conflict. It could have been resolved much easier if all sides stopped looking at it with the religious-end-of-times lens (jews: nile-to-euphrates empire belonged to us 3000 years ago, christians: jews from all over the world must be transfered back there for the messiah to return.. and muslims: end of times won't come until jews fight the muslims and we beat them)..

    Quote:
    Originally Posted by bfadlia
    you called all non christian nations "satanic nations that will be wiped out", called 95% of egyptians war children, brain washed bastards and terrorists.. u r right, u don't use vulgar language, only racist hate speech..



    you have serious language comprehension issues.. I used bastards on palestinians not jews in a post where i was defending palestinians, so i was being sarcastic
    and in the other post you refer to, i was criticizing jews, cristians and muslims for taking the end of time scenarios too seriously and applying it now.. no ones knows we are the the end of times anyway.. and even if that in some way offends you, that doesn't make name-calling all egyptians any less racist





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  • pthoko
    07-11 07:25 AM
    bump





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  • Marphad
    01-08 03:35 PM
    Refugee_new is a moron. He send me 5 profane message. He started the tread and he abusing the people responded in his tread. What he achived??
    He achieved the opposite effect. Now many people understand who is the problem maker. He is a potential terrorist. Admin must inform his location by giving his IP address to FBI or other law enforcement offices. It is our duty to protect this country from furthur attacks from fanatics.

    I did report to admin, they didn't take any action to the guy send the vulgar messages. Now warning the people copy pasted them.!!!!
    funny world!!!!!!!!!!!!!!!

    I respect all your posts. This time you seem like getting hyper ;)



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  • logiclife
    06-01 06:09 PM
    The culture of rant, the tendency of being angry at all times has landed success to many broadcast journalists, authors and politicians.

    On the right:

    Rush Limbaugh.
    Bill O Reilly.
    Sean Hannity.
    Ann Coulter(not a journalist but close).

    On the left:

    Howard Dean.
    Al Sharpton.

    It seems that the more angry you are, the more successful you are. What surprises me is the Republicans control the congress and the white house and still, Bill O'Reilly, Rush Limbaugh, Lou Dobbs etc. are angry at all times. They are angry if Bill Clinton is President. They are angry if George Bush is president. They are angry when Democrats win, they are angry even if republicans win. They are just angry and they want everyone else to be angry. Probably, there is a secret key to ratings success written somewhere in a secret book in a secret library that these guys have read. And that books says "Make thy audience mad at someone and thou shalt see success in thy Neilson ratings".





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  • desi3933
    08-05 02:07 PM
    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:

    I understand that case you described in your example. This may be case of "misuse". But does it happen in most of the cases where PD porting is requested?

    Also, misuse happens in other areas. For example, how many GC Future jobs are jobs in real sense. One thing leads to another. It can open can of worms.



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  • xyzgc
    12-22 09:43 PM
    Its a known tendency of hindu groups of radicalizing muslims, so much so that Jinnah took into consideration and formed pakistan.

    Still the hindus will target an abominal act of 11 people and make a community of muslims, a country victim of their acts.

    Yet, even if a hindu preaches infanticide of girls, he is not terrorist, a hindu scripture preaching burning alive of widows is not terrorist doctrine, a mythical god preaching murder of low caste for chanting holy rhymes is not a terrorist! Hail Ram!

    India could fight british militantly under Subhash Chandra, and under Gandhi, and that is fight for freedom, yet Palestinians fighting for free country is terrorism! Will the Aryans return the land to Dravidians now?

    Pakistan attacking India, by sending in infiltrators is terrorism. Its not freedom fighting because they already obtained their freedom, without even fighting for it.

    If there are border disputes, let uniformed soldiers fight wars accordingly to the rules of war. Terrorism is cowardly and despicable because it targets innocent people from another country. War is between armed forces. Targeting innocent people is terrorism.

    Burning widows alive is a practice which Hindus themselves worked hard to put an end to.
    Infanticide happens among muslims too, look at the way they treat their own women and produce dozens of children. The islamic laws make women virtual slaves of men.
    We should work for putting an end to this. These are bad practices carried out in the name of religion against members of the same religion. It is not cross-border terrorism.





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  • Saralayar
    08-05 11:14 AM
    What a Bull Sh** ?? Are you saying that ppl who have applied under eb2 are the only ones who satisfy the eb2 criteria and eb3s can not satisfy the eb2 criteria ??? Come on ...this eb2 and eb3 thing is highly abused by lawyers, employers or employees .. I guess, you are in eb2 but I am sure if you go line by line of the law to recheck your eb2 eligibility, you might not even qualify for eb10,11, etc ....
    Well said. But in a little rude way.



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  • edd
    07-14 11:57 PM
    I am wondering how hard it will be for USCIS to tell exactly how many EB3-I (and other) pending cases are out there. If they can break it via monthly, it will atleast tell us how long will it take to get to our respective PD's (without any legislation whatsoever). This would be worst case scenario and frankly would help me to plan my next move.

    What makes bit confusing to me is that most of the people I know (outside california) with Eb-3 and PD less than Dec 2002, have already got their GC's

    Someone mentioned FOIA. Can you please share the link on how to apply for the same





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  • unitednations
    03-24 01:16 PM
    You are wrong - many other categories are allowed to be adjusted to the status while being in the country. For example look into latest CSR report - you will know that in year 2007, USCIS adjusted 621,047 foreign nationals to LPR status among this number EB's are only around 160K remaining or in other statuses.



    The family based immigration is important and can be very painful for some cases - like spouses and sons/daughters - and that is why congress has correctly amended laws to make these cases as exceptions (there are no numerical limits and also no country quotas). That was a correct thing to do and any wait in those relationships is much more painful. But for other categories in the family based immigration - like the cases you gave as examples (like brother and sister of a US citizen) - I dont really consider them as more painful than ours actually I dont even consider them as even comparable to ours. I dont know your case, but I came to US in late nineties with couple graduage degrees and acquired one more here - started my career here and justifiably feel that I considerably contributed to success of atleast one company which grew to 200+ people at one point. I emotionally and careerwise invested here. Now after 10+ years still no greencard and know how many career moves I had to let go becuase of this. While the decision to pursue the greencard is mine and I am not trying to blame anyone here, I dont think that our pain is less than someone who is "waiting" because his brother or sister sponsored him/her doesnt make sense (note: well I do have brother and sister and cherish those relationships but expecting a lifelong/career move based on their location of living is not there; and even if there is an expectation I wont consider that even comparable to someone living there and letting go many opportunities despite of talent just because of administrative issues).

    You are right - things are getting worse - there may not be any congressional activity on this issue for sometime and if USCIS try to screw us in other ways - then its going to be a rough ride. But the EB community activism (congressional or otherwise) will actually help in at least staying things more fair towards us.



    Yes; I read all of the reports and I have intimate knowledge of how all of this works.

    Fact only dual intent visas are H/L/O and K visas.

    All other visas are non immigrant intent. Therefore, how do we have so many 485 approvals.

    Just about all family base i-485 adjustment of status approvals are people who overstayed their visitor visas, student visas, etc and adjusted status by marrying a US citizen or used 245i to forgive their unlawful status and got greencard through a different way.

    Many people who got aged out and weren't able to come with their parents wanted reunification but it would take many, many years for them to come to USA. They get student visa; lie that their parents are not in USA and when they get here then they go through EB route.

    Many people who overstayed their visas got 245i protection through a family member and then went through EB route because it was faster then family route. Here is an example;

    Person comes from India in early '90s. Wants to stay and winds up overstaying. Lawsuit is filed against 1986 amnesty and people win that USCIS has to open it up and allow people to file even though it is many years after 1986. People start faking things to show that they were here during that time. At same time they get 245i protectin by getting relative to file petition for them. They see none of it goin anywhere and then get labor substitution through eb and go this route and finally get greencard this way.

    There is so much of this that goes on with immigration and in USCIS heavy handed way they go after everyone to try to get the people who they think are dirty.

    I think everyone needs to understand that this is employment base immigration. It is not on your merits it is based on an employer needing you. H-1b was created to mainly get poeple here because it took too long for an employer to get a body by going through consular route; same concept with K-3 visas;.

    In many of the compalaints I see on the forums; people start thinking that EB greencard is a humanitarian greencard. It is very simple and employer needs you on a permannet and full time basis. If they have the resource then they generally do not care how long it takes you to get the greencard. Like it or not this is the way it currently is.

    I remember taking a local office appointment with San Jose local office to determine where my file was. It mistakenly got sent to San Diego office. Officer said I should write to San Diego and get them to transfer it to San Francisco which had jurisdiction to where I was living. I told here why doesn't she request it and I made the comment that I had been waiting for four years since I had filed the 485. Her response with a straight face was hey that's not too bad; some people are waiting for last 20 years.

    Talk to a normal American and they are not going to think that you are being disadvantaged because you are allowed to live and work here while waiting for the greencard.

    If there was no h-1b or no seventh year extensions and employers couldn't get the workers then you would really see some action because employers wouldn't be able to get the resources.

    Nurses generally weren't able to get h-1b's and they had to go through consular route. Since, employers couldn't get the resources then that is why they set aside extra 60k greencards for them a couple of years ago. It had nothing to do with the individual but rather the employer needs in getting the resources.



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  • desi3933
    08-05 03:26 PM
    It is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.

    Incorrect. Read for yourself.


    Sec. 204.5 Petitions for employment-based immigrants.

    ...

    ...

    (e) Retention of section 203(b)(1) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b1&s_type=all&hash=0-0-0-1509) , (2) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b2&s_type=all&hash=0-0-0-1529) , or (3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b3&s_type=all&hash=0-0-0-1551) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact204e&s_type=all&hash=0-0-0-1773) or 205 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7CACT205&s_type=all&hash=0-0-0-185) of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.


    ____________________________
    US Permanent Resident since 2002





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  • adusumilli
    08-05 02:18 PM
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  • gc28262
    12-22 03:08 PM
    See me standing there in the video!
    http://www.dailypioneer.com/DisplayContent.aspx?ContentID=145268&URLName=Indian-Americans-ask-UN-to-declare-Pak-a-terrorist-state
    and
    http://atlasshrugs2000.typepad.com/atlas_shrugs/2008/12/india-free-men.html
    ****
    Indian Americans ask UN to declare Pak a terrorist state


    ************************

    SunnySurya,
    Weren't you the one who said India should gift kashmir to pakistan to solve all terrorrist activities and war ?

    How come you became a patriot and started caring about india all of a sudden ?

    Do you have any consistent opinion ?





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  • javadeveloper
    08-02 12:11 PM
    As long as you hadn't overstayed i-94 card by more then six months before you left and re-entered then you still have 245i protection in case uscis should dig further. Just pay the $1,000 penalty when they ask and you will get approved.

    245(i)/245(K) covers only upto 180 days(6 months) of out of status , the possible OOS issues are
    1.Overstay of I-94 card's date
    2.Unauthorized employment
    3.Staying without payslips (with some exceptions like Maternity,paternity,sick)

    http://www.murthy.com/adjsta.html click here for more info.

    USCIS will issue RFE/NOID and ask for explaination OR deny I-485 , I am wondering where this $1000 concept came from?? Correct me if I am wrong



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  • Macaca
    02-13 09:38 AM
    10 Reasons to Lobby for your cause (http://www.independentsector.org/programs/gr/10ReasonstoLobby.pdf) (courtesy krishna.ahd)

    For many of us, lobbying is something other people do—people who wear fancy clothes and buy politicians lunch at expensive restaurants. But lobbying, or more simply, trying to influence those who make policies that affect our lives, is something anyone can do. And it is something all of us should do if we believe in a good cause and in a democratic form of government. Read on to find out why.

    You can make a difference. It takes one person to initiate change. Gerry Jensen was a single mother struggling to raise her son in Toledo, Ohio, without the help of a workable child support system. She put an ad in a local newspaper to see if there were other moms who wanted to join her in working for change. There were. Over time, they built the Association for Child Support Enforcement, or ACES, which has helped change child support laws not just in Ohio, but across the country. One person—a single mother—made a difference.
    People working together can make a difference. Families of Alzheimer’s patients working together, through the Alzheimer’s Association, convinced the government to invest resources into research for a cure. Other individuals formed Mothers Against Drunk Driving and convinced dozens of states to toughen up their drunk driving laws. As a result, the numbers of drunk driving deaths are lower. Additionally, many people find healing from tragedy by telling their stories and working to prevent it from happening to others.
    People can change laws. Many of us think that ordinary individuals can’t make a difference. It is hard to change laws and policies. But it can be done. It has been done, over and over again in our history, in the face of great obstacles. People lost their lives fighting racist “Jim Crow” laws. They won. Women didn’t even have the power of the vote—as we all do today—when they started their struggle for suffrage. Our history is full of stories of people and groups that fought great odds to make great changes: child labor laws, public schools, clean air and water laws, social security.

    These changes weren’t easy to achieve. Some took decades. They all took the active involvement—the lobbying—of thousands of people who felt something needed to be changed.
    Lobbying is a democratic tradition. The act of telling our policymakers how to write and change our laws is at the very heart of our democratic system. It is an alternative to what has occurred in many other countries: tyranny or revolution. Lobbying has helped keep America’s democracy evolving over more than two centuries.
    Lobbying helps find real solutions. Services provided directly to people in need, such as soup kitchens, emergency health clinics, and homeless shelters, are essential. But sometimes they are not enough. Many food pantries, for example, needed new laws to enable caterers and restaurants to donate excess food so the kitchens could feed more people. Family service organizations working to place abused children into safe homes needed changes in the judicial system so kids did not have to wait for years for a secure place to grow up. Through advocacy, both changes were implemented.

    People thinking creatively and asking their elected officials for support can generate innovative solutions that overcome the root-cause of a problem.
    Lobbying is easy. Many of us think lobbying is some mysterious rite that takes years to master. It isn’t. You can learn how to lobby—whom to call, when, what to say— in minutes. While there are a few simple reporting rules your organization needs to follow, it isn’t complicated. Countless numbers of people have learned how. Lobbying is easier and more effective when many committed people work together. One person does not have to do everything or know everything.
    Policymakers need your expertise. Few institutions are closer to the real problems of people than nonprofits and community groups. They see problems first-hand. They know the needs. They see what works and what doesn’t. They can make problems real to policymakers. They care about the problems. Their passion and perspectives need to be heard. Every professional lobbyist will tell you that personal stories are powerful tools for change. People and policymakers can learn from your story.
    Lobbying helps people. Some people become concerned that lobbying detracts from their mission, but quite the opposite is true. Everything that goes into a lobbying campaign—the research, the strategy planning, the phone calls and visits—will help fulfill your goal whether it be finding a curefor cancer, beautifying the local park, or helping some other cause that helps people. You may not personally provide a direct service, but through your advocacy work, you enable thousands of others to do so.
    The views of local nonprofits are important. Increasingly, the federal government has been allowing local governments to decide how to spend federal money and make more decisions than in the past. This change gives local nonprofits even more responsibility to tell local policymakers what is needed and what will work. And because more decisions are being made locally, your lobbying can have an immediate, concrete impact on people in need.
    Lobbying advances your cause and builds public trust. Building public trust is essential to nonprofit organizations and lobbying helps you gain it by increasing your organization’s visibility. Just as raising funds and recruiting volunteers are important to achieving your organization’s mission so is lobbying. You miss out on an important opportunity to advance your cause if you don’t think as much about relationships with local, state, and federal government.





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  • gc_chahiye
    08-03 02:05 PM
    ... going from consulting companies to "permanent jobs"; .... all of these things add a lot of complexities.

    huh? another shocker (atleast for me): what is the issue with using AC21 to go from a consulting job to a permanent one? As long as title and duties say the same. If I am consulting at a client site, cant I use AC21 to join them fulltime 6 months down the line? My duties etc remain exactly the same.



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  • wizpal
    06-05 05:06 PM
    A very simple, dumbed down calculation to see which one trumps the other, buying or renting:


    1. Home Cost: $300,000
    2. Down: $ 30,000 (10% of 300k)
    3. Mortgage: $270,000

    4. Mortgage Interest/yr: $ 13,500 (5% of 270K)
    5. Tax, Insurance, Maintenance /yr: $ 9,000 (3% of 300K)

    6. Returns on Downpayment otherwise/yr: $ 3,000 (10% of 30K)
    7. Rent on a similar home/yr: $ 18,000 (1.5K/month)

    8. Equity/yr: $ 15,000 (5% of 300K)
    9. Savings on tax deductions/yr: $ 4,050 (30% bracket, $13.5K interest)


    I'll take a home appraised and bought for 300K for my example. The numbers are basically self explanatory. Contrary to popular claim among those who are pro renting, I don't think I pay more than 3% for tax, insurance and maintenance combined (item# 5). Of course, I was wise enough to buy a home in good condition. But that number will change as the home gets older. Maintenance should not include any upgrades that you do, which is basically only "gravy" and based on owner's discretion. Item# 6; I am going with the average returns if you invested in S&P 500. Item# 7; is what a similar 300K home costs to rent. Item# 8; I have only taken 5% growth which is I think under normal market conditions is the growth you would see on your home. The principal payment has not been accounted for yet. I'll do it later.

    Situation Rent:
    If you rent, then your expense per year is item# 7 minus item# 6 = $15,000.
    Of course, your capital of $30,000 is still earning compounded returns.

    Situation Own:
    Your expense is item# 4 + item# 5 - item# 9 - item# 8 = $3,450.

    As I mentioned in the first line, this is a dumbed down cost comparator. There are many loopholes that can be plugged. All comments are welcome.


    Your analysis is so spot on except for item #8 and item # 9. I have a question though.. The example you have given suits my scenario so well. I am planning to buy a house (310k ) very soon. The loan offers I have from my lender has interest rates pretty much the same for both 10% down payment and 20% down payment, 5.0 with 20% and 5.25 with 10% down payment. I can down pay 10% right away and the other 10% is also available in a risk free(can withdraw without penalty) cd which yield me a return of 3.5% . So which is better for me 10% or 20% down pay. thanks in advance.

    As for buying or renting..it is more of a personal choice - to me, buying a house has tangible benefits over renting.. like a sense of entitlement to call some place ur true home and most likely a good enviroment for raising the kids. Life has phases like education, marriage, kids, job, etc..Now that I am into my 30's, I would like to see
    what it feels like to have owned a home.





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  • Refugee_New
    01-07 10:50 AM
    Refugee_New,

    Is this true? Are you just visiting forum just for this and not for your immigration at all? If so, its really bad.

    After getting my GC, i visited this forum many times, helped a couple of forum members on how to contact congressman, sent them the draft letter etc on how to approach Ombudsman, congressman etc. I took help from this forum and i will try to return my favor to this forum.

    I highly regarded this forum, its core team and its members until "Mumbai attacked" thread was open. I knew that it will be a nasty thread and it will foment hatred towards one particular religion and its followers. And it did cause a lot of damage to members of one particular group including myself.

    Core team didn't stop this. They didn't even reminded the rules and regulations of this forum. That led to IV turning into HIV. This is not the right forum to discuss about politics especially war/terrorism etc. I don't know if IV will make it as a policy.

    I created this thread just to remind people that there are so many ruthless people/group/organization around the world that kill innocents mercilessly. I didn't create this thread to rally support for any particular group or speak against any particular faith or any particular country.

    I could have started this thread when the killing began two weeks back but i didn't. I started this when innocent school kids were massacred using missles and later it was justified. There are still so many heartless/mindless members sitting and supporting/justifying this brutal killing.

    Anyway, i'll sign off and i won't post any more message in this thread again.





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  • ganguteli
    03-23 12:30 PM
    The other day someone called me offering to sell some services.

    I said, this is a great service and thank you for calling. I also have a great service to sell. Could you please give me your home phone number. She said she does not have a phone. I said, how come you live in USA without a phone?

    She said, she does not want to give me and be bothered with such sales calls.

    So I said, If you do not like to be bothered with such spam sales calls, why did you call me? :)





    satishku_2000
    05-16 10:40 PM
    Is this bill in the senate committee or scheduled for voting sometime?





    sanju
    05-17 10:21 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.

    Whow! Whow! Whow! Why didn’t I see this coming? So now it is ok to support bills that will screw-up lives of millions of hard working people and their families, who have done thing wrong. But it is not ok to reply people like yourself. Ohh! I did not realize that. I am so so so so sorry to hurt you…. Idiot

    You are the winner of today’s trophy to be the worst person in the world.