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  • pointlesswait
    09-15 03:57 PM
    with everyone worried abt the economy and health reforms.. Immigration reforms are toast this year.

    While we must pursue the overall reforms,

    i suggest that we also seek temporary relief seeking lifting of the ban on filing for 485 for the next 2-3 months... this will help most EB3 and EB2 (I/C/) who missed the 2007 window.

    What are the chances of such a relief being provided?
    Will a mail campaign work?..plz raise your hand if you are interested..;)





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  • Openarms
    08-17 03:49 PM
    Well - world is definitely a beautiful place. World is beautiful because of beautiful good people. Like there is a saying "How is house different from a home? House maybe be beatiful and big but it is a home ONLY if it is a happy place to live" and making the world our home lies in how we make sure that it is a happy place to live.

    While your approach towards solving the problems is "education" in my opinion education does help, but that is NOT the only factor. Change happens gradually. Don't we all agree that the most educated people might be the biggest "problem creators"


    WRT snathan - he is a personal friend and I know him. He is sympathetic towards poor and downtrodden and wants to fight against injustice etc.....

    To snathan - to understand things in a better perspective, I recommend that you try this. Invite 30 hungry, poor, starving people to your house and provide them with food, education, good life and ask them to seek opportunities to better themselves. You may face the following

    (1) People may get more demanding
    (2) They may fight among themselves
    (3) Some might steal from you
    (4) Some might get into unethical activities
    (5) Some might disrespect you and step over you
    (6) They may show more respect to those who did not care for them and curse you for some silly reason.

    You might find some good people who really do what you intend them to do.

    Why I say this is - there is no GOOD POOR MAN nor BAD RICH MAN - different people behave different in different circumstances.

    Did you know that India's independence struggle, American civil liberty struggle were all funded by rich businessmen - they trusted the leaders and gave a lot of money for campaigns for them to be successful.

    --- Do these things or ASK our SRK/Politicians/Business Tycoons to do -----
    When I say education, you can not just isolate it from mother tree. It is root of the tree... all the branches grow from there...

    Like you said give education for those 30 children born from today and come back after 20 years.. see how their lives would be different for better then those 30 unfortunate children who are unable to have education.


    Give education for an entire generation of kids for 20 years....and let them figure out their problems...don't just feed them, don't just build homes for them...don't need to solve the problems for them.. let them figure out... that is what going on in USA.

    You can not tie INDIA and USA together.... all you are doing is comparing apples to oranges... don't do that...India needs to learn sooooo many things from countries like USA... not comparing to them.





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  • pointlesswait
    09-15 06:26 PM
    its a temp relief..not a permanent one.;)

    Lets all email : uscis ombudsman office...maybe that will be a good start.

    Good idea but could you clarify why "next 2-3 months"? what after that? Just curious why you put that time frame there





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  • sodh
    01-27 08:55 PM
    Can please somebody reply, is this a non profit organisation or everytime somebody ask's some innocent question he is bombarded with counter questions like have you contributed, I can understand the frustations when there are freebee's but please everybody has his limitations,this reminds of bania's in mumbai you will get your your grocerries only if you have paid your previous debt's. Please don't force anybody, this makes every core members feel cheap, if somebody has to contribute he will contribute out of guilt out, of appreciation,out of obligation, we have not forgotten our dharma that is to help anybody that helps us.



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  • vikki76
    02-19 12:03 AM
    I like it too Alisa.Very well said.
    H1-B, High Skill Immigration needs to be separated and we should know an answer from US govt/public official ,what matters most.
    If I don't get a GC within next 2 years, I will be forced to start my new hi-tech venture from Bangalore.





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  • mmk123
    09-04 11:46 PM
    May YSR's soul rest in peace. I am not YSR fan but he is no more... So what good, what bad?

    Pls, it is cheap to reveal anyone's identity, posting personal details, and this kind of behavior on these posts. Pls stop bickering... In the free country like US, be tolerant enough to listen to others even though you don't agree with a person.

    IV core, pls delete this thread, it's disgusting and embarrassing.



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  • Caliber
    09-04 01:41 PM
    You dont even talk about my village even in your dreams.. Our village is much happier than before 5 years.. Its all becuase of YSR did for our village.

    Only the people that were part of those grabbings are happier. Let the poor people get back all their lands first and then you guys talk.

    How about all the "Anna's" that were killed by him who came to him when he invited and then killed them mercilessly.

    So, did you mourn when he killed all the "Anna's"? I am sure you would have distributed Sweets when "Anna's" were killed. Right?

    Isn't it Jesus Christ right? Jesus is God and he punished YSR with such a worst killing. Even face could not be recognized.





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  • voldemar
    02-13 12:25 PM
    And how do you support that argument please ?
    It's in the law. Read INA before going to bed.



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  • chanduv23
    08-17 03:21 PM
    This should not be a silly topic and won't be...I want to take this opportunity to bring the bigger issue here... things happen for a reason... we all need to understand that we have to make a positive out of this issue... Atleast all educated folks like us should be able to channel our wisdom to those folks who feels that they are above all... That kind of mentality should need to change in INDIA for people like SRK and politicians and lot of business tycoons.... I believe this incident is very good opportunity, one more time, once again for all those conscious folks who live here US and INDIA to make things better for life.

    "snathan" do not disappoint when people disagree with you... I 100% concur with your thought process...


    "chanduv23"

    I like the way that you put things in a perspective called your own prism. I do agree lot of things that you say but you seem lack of very basic fundamental human touch...

    World is a BEAUTIFUL PLACE... Mother EARTH is an awesome place to live... do not fall into a trap those who morons used and twisted great peoples words and made this place worse for political gains/reasons. Please do not twist/turn the great one and only Einstein words and his context is different.

    My point here is "Respect should be given by that acts that you do in life...should not be given just by demand"

    All I am saying is that "IN INDIA WE GOT SOOOOOOO MANY PROBLEMS TO SOLVE" why SRK cribbing about this incident... and innocent/ignorant and un educated folks going crazy over there.... instead he can do lot of better things in INDIA so that he can be recognized all over the world and given respect.


    EDUCATION, EDUCATION AND EDUCATION is the only solution for all the problems in the world.

    Well - world is definitely a beautiful place. World is beautiful because of beautiful good people. Like there is a saying "How is house different from a home? House maybe be beatiful and big but it is a home ONLY if it is a happy place to live" and making the world our home lies in how we make sure that it is a happy place to live.

    While your approach towards solving the problems is "education" in my opinion education does help, but that is NOT the only factor. Change happens gradually. Don't we all agree that the most educated people might be the biggest "problem creators"


    WRT snathan - he is a personal friend and I know him. He is sympathetic towards poor and downtrodden and wants to fight against injustice etc.....

    To snathan - to understand things in a better perspective, I recommend that you try this. Invite 30 hungry, poor, starving people to your house and provide them with food, education, good life and ask them to seek opportunities to better themselves. You may face the following

    (1) People may get more demanding
    (2) They may fight among themselves
    (3) Some might steal from you
    (4) Some might get into unethical activities
    (5) Some might disrespect you and step over you
    (6) They may show more respect to those who did not care for them and curse you for some silly reason.

    You might find some good people who really do what you intend them to do.

    Why I say this is - there is no GOOD POOR MAN nor BAD RICH MAN - different people behave different in different circumstances.

    Did you know that India's independence struggle, American civil liberty struggle were all funded by rich businessmen - they trusted the leaders and gave a lot of money for campaigns for them to be successful.





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  • nonimmi
    06-28 12:31 PM
    "expecting retrogresson ....in first wk of July... " ??
    I thought logiclife already clarified that can not and will not happen!!



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  • snathan
    01-21 06:27 PM
    I got the below email from multiple friends. I don't know what is the source, who wrote this analysis because there is no links. I did NOT mean to spread the fear. Just sharing the contents unaltered.

    ------------------------------------------------------------------------------------------
    However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.

    � No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
    � No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
    � If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.


    Why?

    Because of 2 recent events:

    1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
    2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.


    What does the memorandum mention, specifically, about 3rd Party Consulting companies?

    Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf


    Employer-Employee Relationship:

    As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.



    Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!




    This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):



    �The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�



    Right to Control:

    Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!




    Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?

    This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!



    How this memorandum relates to the recent deportation events from NY and NJ airports?



    There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.



    Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)



    What one could predict as happening sooner (trend)?

    � Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
    � Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.


    Good Luck my Friends....!!

    Everyone knows what the impact would be...no one coming up with the solutions or ready to fight.





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  • Waitingnvain
    08-30 11:10 AM
    Applying for Canadian PR is real easy. Do it on your own. We got our case approved in a year.



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  • onemoredesi
    05-19 01:12 PM
    Thx for the info.. knowDOL. Could you pls suggest me where you found that information (reg EB3 not coming under the cap).
    Also, I have not received my 45 day letter so far.. don't know how long it is going to take..

    August 2003 is a good PD if it were EB2 and you could have stayed with your company. I heard in this forum from someone that, if the person is Masters graduate and worked in related for three years they are exempt from cap even though they applied in EB3 category. If this is true, it is good for you to stay in your current company and not try substitution. If this is not true and if I were you I would have gone for substitution.

    What ever you do, do it with good terms with your current employer, so you can come back and join them and be able to use the 2003 PD, if some thing goes wrong with your substitution. If you leave the company and join something else, if you think that you cannot join them back, then it may not worth it. Again, it depends on your personal situation, if you don't have a spouse who is waiting for EAD to work, you should not be risking this.





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  • harsh
    02-13 08:42 PM
    I am following this discussion and it is interesting. Here is what I get so far.

    USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.

    1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?

    2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?

    I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.



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  • santb1975
    02-13 03:06 PM
    I support having ongoing discussions with USCIS and having an amicable relationship with them. We should work hard to make the letter campaign successful. We have 30000 members but less than 2000 letters so far. While some volunteers are working tirelessly to make the letter campaign successful some do not want to take part in it at all because the Template's we have out there are asking for their Name, Address and Telephone Number. it is not a joke to mail out a letter to the president on which the signature of the person is not comprehendable and there is no Full Name, Adress and Telephone number. I spent hours last weekend answering people's questions about letter campaign but all I get in return is recommendations on what else I can do. There were no letters after all that. I totally support Walking_Dude on this.

    Raising 30K in 7 days was possible. it was made possible by 300 members. I still remember having a conversation with a gentleman at a mela (US Citizen and a white american) who said funds should not be a problem for you guys. You have 25,000 members and you all make good money. On any day you can all contribute 10$ and raise 250k. I wish. That will be my dream come true. I am one of those volunteers who worked very tirelessly to make 30k happen in 7 days. it is fun to be an active IV volunteer. I know a few people in our Local Chapter who spend their money for local chapter activities in addition to their monthly contributions. We have less than 10 members in our chapter who do that. I can totally understand when they tell me sometimes that have been spending a lot of their own money and taking the lead this for an year and half and are getting burned and want to take a step back now since we do not have new people stepping forward to help. Atleast they promised to take part in action items for sure.

    I apologize for my venting today





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  • PlainSpeak
    01-13 04:54 PM
    i'll not tell anyone that u'r gcperm.... ok?

    btw, no one is freaked out knowing that u'r gcperm..... i guess no one cares for u....
    Ahh my friend Ron if you are trying to get me to feel bad with your statement i guess no one cares for u.... then all i can say is Better Luck Next Time
    I dont care if anyone cares for me or not peronally or w.r.t. what i have stated in this forum.
    If people abuse that is their problem not mine. Sure i wil lfeel bad but it would be feeling bad for them not feel bad :P
    If people do not agree with me that is also ok since that is their right
    If people do not care for what i am saying that is also ok because the whle idea is that people on thsi forum start thinking about all options (Out of te box solutions)

    And seriopusly my friend if my intention was to convert or sway a whole bunch of people (Which i have no Intention of doing) within a day that would not be much of a challenge right ? because nothing comes for free (read that as without effort) in this country. I believe that is one of the slogans of IV. And guys i just borrowed it so dont hit on me saying i am now using IV slogans for myself

    Peace ...



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  • eeezzz
    07-30 11:26 AM
    this makes no sense (with all due respect to Mr Gotcher). He basically claims that PD has been moved to allow CP cases to be processed faster to avoid visa number wastage.. However he also says that there is a huge backlog of AOS cases. Looking at how many CP cases are being called for interview in mumbai and delhi (low hundreds) I dont see how CP alone can help avoid a big wastage of visas. If USCIS is still 20k short, then its the massive pile of AOS cases they should be using, just like they did last year.
    Several things to consider.
    1. Is it really 20k left for this year.
    2. Are there more EB2 RoW applicants filed I-485 for the last few months.
    3. You have number from India CP, do you have number from China CP.





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  • dreamworld
    05-02 01:12 AM
    Guys Peace..

    Every freedom fighter is a terrorist first. We can get this from history. Do you know who killed
    mahatma? Why? We can make a different argument. But there are differences between freedom fighters. But the ultimate goal is getting real freedom to the civilians who are fellow souls suffering from all kinds of issues from majority rulers.

    Not a single way to solve our immigration issue here in USA and not just ImmigrationVoice is fighting. It applies to any freedom struggle. There are many different freedom fighters fight for the same people for the same case.

    Guys look at Srilanka Tamil as Native Tamils from Srilanka and look what was done to them in the last 50 years from the beginning of Srilanka independence from British. Know the history and then make your point.

    There is a large humanitarian crisis for Srilanka Tamil in northern Srilanka after the Srilanka military invasion and world is ignoring it.

    I know nothing can be brought by killing people but only by peace and democratic and diplomatic approach can bring peace. Peace and Pray for all fallen freedom fighters in the world. Peace and NO WAR.





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  • grupak
    12-14 05:05 PM
    Simple. If it wasn't for that ceiling the vast majority of the visas will go to applicants from the oversubscribed countries. Now this is not a bad thing if the visas are in unlimited supply. But since that's not the case, the country ceiling ensures that even people from smaller nations will get an equal oportunity to claim a visa before all the visa are grabbed by their BIG brothers and sisters. And what's more what ever is left is given back to the oversubscribed countries.

    How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?

    Country quota for family based immigration prevents giving any nationality a head start in cornering all the GC for themselves. And country quota to promote diversity makes sense because the basis of GC is family ties.

    Employment based GC is based on employer filing for GC. Skilled people can come from all over the globe. The basis is skill. Even without a country quota, a small country with educated and skilled workers are not at any disadvantage compared to a large country with poorly trained workers. So, I do not understand your argument how the BIG countries are going to monopolize employment based GC. No nationality has a birth claim on skill. We are here because of our skills not our nationality.

    Let us not repeat the arguments of anti-immigrant restrictionist groups like PG.





    Lasantha
    12-14 05:16 PM
    Thanks bud. Yeah, I seem to have a "Ceiling" fetish. :D

    Anyways I only did a quick scan of your rather utopian scenario. But wouldn't the following help the that situation?
    1) Flow of un-used visas from ROW to OS countries
    2) Increase the TOTAL EB quota
    3) Exclude dependents
    4) Re-capture ( If any. But I doubt there will be anything left to recapture because in your Shangri-La USCIS would have been efficient enough to use up all the visas in the previos fiscal years).

    (I do detect some bitterness in your tone. I am only here to offer my view so please don't take it personally)

    Lasantha,

    You are fond of "Ceiling", Good. Provide me a solution with a goal not to hurt progress march of US economy in following imaginary Scenario:

    Assumption 1:Whole EB Bus starts with year 2009 - no backlog for ANY
    COUNRTY - USCIS does not have any kind of administrative
    mess - Situation in USCIS is such that moment it find work, it
    will send flower to you for keeping them busy. - US industry
    exactly need 140000 skilled and highly skilled people from outside
    world as within US they have shortage of exctly that number.
    and it can not afford a single person less than that to keep
    economy at balanced level.

    Assumption 2: India can provide 35000, China can provide 50000, Britain can
    provide 4000, Sweden can provide 2000, Saudi Arabia can
    provide 1000, Sri Lanka can provide 4000, Thailand can provide
    500, Pakistan can provide 5000, South africa can provide 5000
    ,Bangladesh can provide 1500 and rest 32000 from Europe
    (other than Britain) and each of above country cannot provide
    more labor that what is mentioned here. And other unlisted countries
    do not have any skilled persons to provide (This is assumption.. DO not go after me...:))

    So whole world together is ready to provide 140000 labor to US. With current laws tell me what will happen to US economy? Will US Industry be able to get all 140000?

    Will you still be trumpeting "Ceiling" drum?





    ss1026
    03-29 06:19 PM
    you just proved how ignorant you are, coz US president's biological father is not a muslim.....His father is born in a christian family but was raised by a their neighbor who happened to be a Muslim family. His father never converted to Islam neither the family who raised his father tried to convert him but yes his father did adopt this Muslim family's name hence we see Hussain as his middle name.

    My point was to shine some light on the original posters logic. We love this country for giving us equal rights irrespective of our background but the poster was arguing that Rahul gandhi is unfit because he might have a parsi/muslim lineage.

    I dont give a rat's behind if Barack's father was a muslim/atheist/hindu/jew. The point was to appreciate that the US electorate voted for person named Barack Hussein Obama in these times. We also know that he is the son of an immigrant which also gives a lot of us some hope

    PS: This is besides my point but Wikipedia says Barack Sr was born in a muslim family. Maybe you can tell them they are ignorant too.



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