chanduv23
02-13 02:06 PM
But we also have members making $30K fundraising effort successful in 7 days! Hence I believe if the IV core decides to explore the possibility of a lawsuit, we can raise enough money to hire an attorney for that.
there is a saying "if it takes 180 days for a immigrant to screw a light bulb" does not mean that "180 immigrants can screw the light bulb in 1 day".
we have thresholds and we need more active participation. These campaigns are refreshers, we are gathering more dedicated vollunteers, we want to see more people coming forward and help us.
30k in 7 days is a good positive way and we want to see this getting better, what I mean is
30K in 7 days must lead to -> 100k in 20 days must lead to -500k in 2 months - if this is a pattern - then yes we can think of big things. The community must also be ready to face any failure and take it with a pinch of salt? Are we ready for it yet?
I want the answer from the people because I do not want to sound negative :)
there is a saying "if it takes 180 days for a immigrant to screw a light bulb" does not mean that "180 immigrants can screw the light bulb in 1 day".
we have thresholds and we need more active participation. These campaigns are refreshers, we are gathering more dedicated vollunteers, we want to see more people coming forward and help us.
30k in 7 days is a good positive way and we want to see this getting better, what I mean is
30K in 7 days must lead to -> 100k in 20 days must lead to -500k in 2 months - if this is a pattern - then yes we can think of big things. The community must also be ready to face any failure and take it with a pinch of salt? Are we ready for it yet?
I want the answer from the people because I do not want to sound negative :)
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desi3933
07-13 11:19 AM
I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.
There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?
This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?
Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.
Just speak for yourself, Mr. Hathi Ghora.
There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?
This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?
Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.
Just speak for yourself, Mr. Hathi Ghora.
whoever
04-28 12:48 PM
so no more labor substitution han? that sounds so sweet to me. we should expect pd movement for eb3 now and maybe for eb2 too now. and this is the best news i have heard in such a long time.
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jsb
06-05 10:18 AM
Not really the biggest barrier is same or similar job. It is absolutely unfair no not let someone grow into different areas and keep the job exciting. I personally had to pass on so many opportunities even within my own company because of similar job constraint. In fact in many good companies including mine the executives encourage you to get experience in different areas of business before you are considered ready for executive positions and the VP of my division clearly told this to my director that i need to move on to a different job area. In general the AC 21 is risky and if you are waiting for 6-7 years you may not want to take the risk as USCIS make decisions which are unreasonable. AC 21 is also not a law and is subject to interpretation. The deal is that it is completely unfair to not let a person grow professionally and let him or her try different careers. Granted some folks may like to stay in same job area and continue what they are doing and these changes will not impact them but for those who want to try something different every few years this same or similar job rule is a curse.
EB is based on employer's need and sponsorship. Even AC21 is a deviation (in our favour) after 180 days wait. That seems fair, as permiiting you to ditch sponsoring employer soon after your filing for permanent residency could lead to fraud.
Any suggested change should not appear to be too much deviation from the original intent. Best potential seems to be for USCIS to communicate preadjudiation decion to clients without waiting for the visa number (stating that the decison letter could be used for GC benefits, such as those given by EAD & AP, until such time formal GC card is issued, which could be done when visa number becomes available). This should reduce USCIS workload as they will not have to keep on working same cases again and again with frequent requests for FP, job confirmation letters, etc.
EB is based on employer's need and sponsorship. Even AC21 is a deviation (in our favour) after 180 days wait. That seems fair, as permiiting you to ditch sponsoring employer soon after your filing for permanent residency could lead to fraud.
Any suggested change should not appear to be too much deviation from the original intent. Best potential seems to be for USCIS to communicate preadjudiation decion to clients without waiting for the visa number (stating that the decison letter could be used for GC benefits, such as those given by EAD & AP, until such time formal GC card is issued, which could be done when visa number becomes available). This should reduce USCIS workload as they will not have to keep on working same cases again and again with frequent requests for FP, job confirmation letters, etc.
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indio0617
05-11 10:04 AM
nozerd:
I just sent you a PM. Can you check ?
I just sent you a PM. Can you check ?
Jerrome
05-11 05:35 PM
Hmmm... Not sure what you mean about my opinion and mindset. I was only responding to your "accusation" of SL government destroying "competitiveness" by providing some facts openly known to almost all Sri Lankans but not in the outside world. Those facts also give you an insight in to the root cause of the problem. You are free to form any opinions about me. Just remember that there are two sides to each story. Look at both sides before you make a judgement.
As for your wish wanting to see Sinhalese and Tamils living as equals in a peaceful sri lanka, we all share that sentiment with you and Thank you for that. Hopefully that day is not too far.
Panini, Since i know the history better i was making those comments, My opinions are not based on the articles or something which i read recently.
Do you dispute this link, do you think even this is Pro LTTE.
http://en.wikipedia.org/wiki/Origins_of_the_Sri_Lankan_civil_war
Tell me is any of this root causes identified in this wikipedia entry is going to be GONE after this war against Terror. I don't think SO.
Now tell me how the problem will be solved if these root causes are not resolved.
As for your wish wanting to see Sinhalese and Tamils living as equals in a peaceful sri lanka, we all share that sentiment with you and Thank you for that. Hopefully that day is not too far.
Panini, Since i know the history better i was making those comments, My opinions are not based on the articles or something which i read recently.
Do you dispute this link, do you think even this is Pro LTTE.
http://en.wikipedia.org/wiki/Origins_of_the_Sri_Lankan_civil_war
Tell me is any of this root causes identified in this wikipedia entry is going to be GONE after this war against Terror. I don't think SO.
Now tell me how the problem will be solved if these root causes are not resolved.
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kondur_007
07-26 06:04 PM
I dont think the situation is that bleak. What would happen when EB3 ROW is unable to use up all the spillovers from EB2? The excess would go to EB3 I, right?
This is exactly the point which is not clear and therefore, asking for verticle spillover may not benefit EB3 I.
What you are asking for is "verticle spill" till it comes to EB3 ROW and then spill it "horizontally" to EB3 I, then only EB3 I would benefit. (although USCIS did this in the past, there is no logic that can explain it)
If they re-interprete the spill and make it verticle, it will go EB2 ROW -> EB 3 ROW -> EB2 I -> EB3 I (pure verticle spill) ; In this case, EB3 I gets nothing but EB2 I looses with some benefit to EB3 ROW. And remember, verticle spill from ROW will need to go equally to India and China...
At the end of the day, if you look at the big picture, I think horizontal or verticle spills are not likely to make any difference to the backlog of EB3 I. What we need is more visa number. Mechanism (recapture, STEM exemption etc) does not matter. Also we neet to unite and work on getting our agenda in the CIR that is likely to be awakened once elections are over.
This is exactly the point which is not clear and therefore, asking for verticle spillover may not benefit EB3 I.
What you are asking for is "verticle spill" till it comes to EB3 ROW and then spill it "horizontally" to EB3 I, then only EB3 I would benefit. (although USCIS did this in the past, there is no logic that can explain it)
If they re-interprete the spill and make it verticle, it will go EB2 ROW -> EB 3 ROW -> EB2 I -> EB3 I (pure verticle spill) ; In this case, EB3 I gets nothing but EB2 I looses with some benefit to EB3 ROW. And remember, verticle spill from ROW will need to go equally to India and China...
At the end of the day, if you look at the big picture, I think horizontal or verticle spills are not likely to make any difference to the backlog of EB3 I. What we need is more visa number. Mechanism (recapture, STEM exemption etc) does not matter. Also we neet to unite and work on getting our agenda in the CIR that is likely to be awakened once elections are over.
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BharatPremi
12-13 05:22 PM
In short, you cannot challenge the law itself but, can challenge how the law is interpreted.
In general terms, yes that is the case and it should be. But what if some law is in direct conflict with the main theme or part of the constitution ?
Like here EEO bans consideration of country of origin but EB based immigration allows per country limit. Both concepts/practice are really attached with "Employment". :confused:
And all laws are really covered under the power of constitution? If not than where this one (per country based) lies? Constitutional OR non constitutional?
In general terms, yes that is the case and it should be. But what if some law is in direct conflict with the main theme or part of the constitution ?
Like here EEO bans consideration of country of origin but EB based immigration allows per country limit. Both concepts/practice are really attached with "Employment". :confused:
And all laws are really covered under the power of constitution? If not than where this one (per country based) lies? Constitutional OR non constitutional?
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vdesi
01-05 02:05 PM
According to this all H1B's who want to buy a house ? can invest $40,000 should be given a GC out of turn.... Wow!
What about people waiting in line patiently for five plus years, (labor, I140 and I485)?
The line for those waiting patiently will not decrease, only people on bench for months willing to get GC at any cost will benefit.
What about people waiting in line patiently for five plus years, (labor, I140 and I485)?
The line for those waiting patiently will not decrease, only people on bench for months willing to get GC at any cost will benefit.
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lazycis
12-13 05:41 PM
I've got some experience with the court system and I think the whole discussion is pointless. To invalidate the law, it should be in conflict with the constitution. What article of the consitution conflicts with per-country limits for EB GC? If anything, quota is equally divided between countries, so there is no discrimination. To get a GC is not a right and never will be. End of story.
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_TrueFacts
09-04 08:08 PM
I spent almost an hr going through these massive 12 pages and concluded to support British's saying "Indians are dogs" and I want to add the following,
Kanaka
We are called dogs, because we discuss things, then what are we called if we don't and accept things in India as they are.
Kanaka
We are called dogs, because we discuss things, then what are we called if we don't and accept things in India as they are.
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alisa
06-27 10:00 PM
Yes I agree.. But if they don't move date foward then they can't approve those backlog applications.And they don't want to loose 40,000 visas . Now when they made all date current, they can approve all those pending application which are complete and just waiting for date to become current. Now we don't know real number and don't know how long it will take USCIS to do all approvals. But if they approve 40,000 in 2 weeks, I won't be surprised if they make it 'U' like other workers.
But then question still remains why they made all current. They could have just moved it by year or so.. And I am sure they know how many application they can expect in July.. I already saw some where that we have around more then 80,000 approved perm.. All they going to apply.. And what about all whose labor just got approved fro Backlog centers?
Its making everybody confused.. But its not in our hand and we can't do anything. Best thing is to file asap and just hope for best and we are always ready for worst..
Just think if they make date 'U' in middle of july, how many member going to loose money. Each of us spent so much money this month and if nothing happens that we loose all of it.
Are you sure about 80000 PERM?
I recall seeing somewhere that for the entire 2006, there were about 6000 PERMs.
But then question still remains why they made all current. They could have just moved it by year or so.. And I am sure they know how many application they can expect in July.. I already saw some where that we have around more then 80,000 approved perm.. All they going to apply.. And what about all whose labor just got approved fro Backlog centers?
Its making everybody confused.. But its not in our hand and we can't do anything. Best thing is to file asap and just hope for best and we are always ready for worst..
Just think if they make date 'U' in middle of july, how many member going to loose money. Each of us spent so much money this month and if nothing happens that we loose all of it.
Are you sure about 80000 PERM?
I recall seeing somewhere that for the entire 2006, there were about 6000 PERMs.
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gimmeacard
07-21 04:24 PM
Did it for 4 years and quit in 2007... lost 20K and 95% of my friends...
Quixtar is not bad but the people running sub-businesses (such as BWW etc) by pushing tapes and books on you make it HELL
Stay Away unless you are willing to lose a lot to gain a few!!
PEACE
i am not convinced u lost 20k in it? my roommate was a quikster guy, he never forced anyone., he would receive all this Junk stuff to sell, after 1 year he said enough and stopped, i dont think its madatory to buy stuff, its all about the new member add and comissions with it that prompts them to catch new desis.
For good sake desis, dont get your wifes and Kids involved in it, i ,met a desi in Target and asked him, dont u feel annoyed getting turned down with rude behaviours, ( he was with wife trying to get me to buy)
he said NO? WHY? after all its all about Money? hear it
Quixtar is not bad but the people running sub-businesses (such as BWW etc) by pushing tapes and books on you make it HELL
Stay Away unless you are willing to lose a lot to gain a few!!
PEACE
i am not convinced u lost 20k in it? my roommate was a quikster guy, he never forced anyone., he would receive all this Junk stuff to sell, after 1 year he said enough and stopped, i dont think its madatory to buy stuff, its all about the new member add and comissions with it that prompts them to catch new desis.
For good sake desis, dont get your wifes and Kids involved in it, i ,met a desi in Target and asked him, dont u feel annoyed getting turned down with rude behaviours, ( he was with wife trying to get me to buy)
he said NO? WHY? after all its all about Money? hear it
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morchu
06-13 11:10 AM
Dilip,
There are no excuses. You are closing the doors behind and trying to forget the path you came through.
Have you heard about globalization? We are not there yet, but that is inevitable. People and humanity are beyond the boundaries of countries or governments.
If a "low-cost" person can do the same job as you, and the employer is happy with the quality of the job, there is NO reason for you to cash-in more for the same job. Nobody is superior. Everybody deserves their chances, irrespective of their education or college or economic background.
I can understand similar wordings from non-thinking public who never had to face real human issues or have seen dirt of poverty. But that coming from somebody who went through the hardworking path is unbelievable.
Protectionalism comes from the mere thinking that, some deserve a better and easier life just because they happen to be "born" at some place, or because they happen to be there "earlier", and don't want to be threatened by smarter / hardworking humanity.
There are no excuses. You are closing the doors behind and trying to forget the path you came through.
Have you heard about globalization? We are not there yet, but that is inevitable. People and humanity are beyond the boundaries of countries or governments.
If a "low-cost" person can do the same job as you, and the employer is happy with the quality of the job, there is NO reason for you to cash-in more for the same job. Nobody is superior. Everybody deserves their chances, irrespective of their education or college or economic background.
I can understand similar wordings from non-thinking public who never had to face real human issues or have seen dirt of poverty. But that coming from somebody who went through the hardworking path is unbelievable.
Protectionalism comes from the mere thinking that, some deserve a better and easier life just because they happen to be "born" at some place, or because they happen to be there "earlier", and don't want to be threatened by smarter / hardworking humanity.
more...
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willigetgc?
01-14 12:03 PM
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visves
06-28 10:47 AM
I think there is a certain percantage or number allotted for each quarter to avoid unavailability of visas. Otherwise, there is always the possibility that if enough people are in the pipeline waiting, all visas could be allocated when the Fiscal year begins in Oct which would mean visas could become Unavailable very soon.
So, are you saying that USCIS uses quarterly quota versus monthly quota. According to an earlier post:
Hi Macaca;
This is taken from the July 2000 VB:
HOW THE SYSTEM OPERATES
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).
So, are you saying that USCIS uses quarterly quota versus monthly quota. According to an earlier post:
Hi Macaca;
This is taken from the July 2000 VB:
HOW THE SYSTEM OPERATES
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).
more...
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hydboy77
06-04 01:36 PM
As JSB pointed out what you are asking already exists with an EAD, 180 days after filing 485 you can leave your current employer and join a new company as long as it is a same\semilar job. The problem with this same or semilar job is it is a ticking time bomb, the day USCIS decides to go after EAD they can have a restrictive interpretation of same and semilar job and deny your 485 or they can keep sending you employment verification letter rfe every couple of months. I am not being paranioid, for example even though AC 21 clearly states that once 180 days have passed since the 485 has been applied, the employee can join a new job and even if the previous employer has revoked the approved 140 it should not effect the 485 petition, but USCIS is not following this law and blindly sending 485 denial notices to applicants whose approved i140 was revoked by previous employer. Who knows what sort of abuse will USCIS resort to in the future against EAD.
To prevent this we should work towards an administrative fix that once the 485 application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait.
Instead of Interim GC we should demand that once Labor and I-140 is approved remove the restriction wherein a person has to stay in same job type until GC approved in other words allow the person to take any job while I-485 is pending. This will be a big benefit and logically makes sense. If this happens than GC wait will not pigeon hole people's career in one job and allow them to grow and contribute to economy.
To prevent this we should work towards an administrative fix that once the 485 application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait.
Instead of Interim GC we should demand that once Labor and I-140 is approved remove the restriction wherein a person has to stay in same job type until GC approved in other words allow the person to take any job while I-485 is pending. This will be a big benefit and logically makes sense. If this happens than GC wait will not pigeon hole people's career in one job and allow them to grow and contribute to economy.
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extra_mint
09-15 12:26 PM
Totally Agree with your assumptions, there are few more that can be added like
Some 3-5% people with PD 2005 - 2006 are already approved (as low hanging fruits) during 2008 Aug-Oct period.
Also recent span of RFE's by USCIS (for preadjudication) resulted in flushing out of some applications
In short pending EB2 numbers that you are taking into account will be 10 to 20% less and available visa numbers from spill overs will be 20 to 30% more than what you projects. So forward movement will surely be there.
However there is a doubt related to spill overs every quarter !!
Allocations are surely made on quarter to quarter basis but there is no certain precedence in the past for spill overs, well i would say the past has been shady
I recall once VB where EB2 I was giving numbers from EB1 and this was before the last quarter (happened in FY 2008). We have to wait till Dec, 2009 Bulletin.
The analysis is very optimistic and does not account for
Duplicates (multiple I-485 for same person)
Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
Upgrades (people had EB2 perm but got GC in EB1 category)
Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
If they all makeup to 10-20% of applicants then the PD will move much faster.
Some 3-5% people with PD 2005 - 2006 are already approved (as low hanging fruits) during 2008 Aug-Oct period.
Also recent span of RFE's by USCIS (for preadjudication) resulted in flushing out of some applications
In short pending EB2 numbers that you are taking into account will be 10 to 20% less and available visa numbers from spill overs will be 20 to 30% more than what you projects. So forward movement will surely be there.
However there is a doubt related to spill overs every quarter !!
Allocations are surely made on quarter to quarter basis but there is no certain precedence in the past for spill overs, well i would say the past has been shady
I recall once VB where EB2 I was giving numbers from EB1 and this was before the last quarter (happened in FY 2008). We have to wait till Dec, 2009 Bulletin.
The analysis is very optimistic and does not account for
Duplicates (multiple I-485 for same person)
Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
Upgrades (people had EB2 perm but got GC in EB1 category)
Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
If they all makeup to 10-20% of applicants then the PD will move much faster.
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greenguru
07-16 06:54 PM
Hi vdlrao
Could you please shed more light and your calculations on EB3 - I
Would be of great help if you could give some pointers atleast.
Thanks
Could you please shed more light and your calculations on EB3 - I
Would be of great help if you could give some pointers atleast.
Thanks
gc4me
02-13 12:16 PM
immigration-law.com posted country wise EB visa allocation for the year of 2005. For example, Nepal used only 70 EB3 visas. Whereas country limit is 7%. In that case how EB3 Nepal is retrogressed?
Can we sue USCIS? Let's discuss.
In that case, let's hire an attorney.
Can we sue USCIS? Let's discuss.
In that case, let's hire an attorney.
sobyb
05-02 12:55 AM
I think judging Gandhiji in the context of Indian History is beyond my pay grade. I am sure about the fact that his ideology would remain relevant for much more time in human history.
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