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  • humdesi
    11-16 09:29 PM
    DOL cannot do anything about labor sub. USCIS must stop using old PD. FOr this, we need to appeal to USCIS. Do you know who to address the letter?

    We should all contact the ombudsman. Write to him TODAY.
    Explain that labor substitution and PD porting is evil because it lets people unfairly get ahead in line. Otherwise EB2 will also soon retrogress to EB3 level.

    Here's the link:

    http://www.dhs.gov/xabout/structure/editorial_0501.shtm

    Write today!





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  • srinivasj
    07-21 01:19 PM
    its a big problem in Bay area, especially in walmarts, greatmall of america..they come with lame lines to strike a conversation...





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  • mbawa2574
    05-28 11:10 PM
    When some of us raised the issue of project managers from Indian IT companies applying under EB1 and using up those visas which would trickle over to EB2 and EB3, we were scoffed at. Some even questioned as to why these people cannot apply under "Multi-national executive" category, as they are "Multi-national" managers.
    These guys misrepresent the number of people reporting to them (same managers in the same portfolio uses the same number of people to show in the application as reporting to them. This is true "reuse"), also "reuse" the portfolio value (how can 3-4 managers from the same client account be responsible for x million dollar business) and crooked company attorneys make up a stellar resume and case to file for them. The attorney pay comes from the employee's pocket.
    Otherwise how would you explain the sudden rise in EB1 filings and a quota which never used to be over in previous years suddenly has cut-off dates.
    If we keep quiet, these same clowns will use up all the visas and smirk at us for filing in the "lower" categories. What a backdoor to a green card! :mad:

    This fraud has to stop. There is nothing called as MNC manager. These are basically sweat shop slave supervisors. None of these clowns make a 6 figure salary and can match the skills of people in EB2 & EB3 category.





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  • samay
    07-06 12:03 PM
    My LC applied in Feb 2008
    LC approved Apr 2008
    I-140 Applied May 2008

    My 6th yr H1B expires Dec 2008
    H1B Maxout Jan 2008

    I am short by around 20 days Should i recapture the days by going out of country for 20 days and apply H1B 1yr extension, Will i Qualify for 3 yrs in this case...?

    or should i just Apply for I-140 PP in Oct 2008 and 3 yr H1B Extension without worrying about recapturing 20 days.

    Hello

    In order to qualify for a three year extension one has to have an approved I-140. From the given facts I understand you will be eligible for one year H-1 B extension in February 2008. You can apply for an extension of H-1 B for a recapture of the days you spent outside India. You are not required to get out of US so long as your petition for extension is pending with the USCIS. Alternatively you can apply for premium processing of I-140 (when it commences). The benefit of course will be that you will be able to get a three year extension. You will have to weigh the cost of the PP with the cost of the H-1 B extension.



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  • lazycis
    02-14 12:48 PM
    Thanks, chanduv23, I do believe in using all possible means. I sent my letter to Mr. Bush.

    On the other note, there is a thread on discussing the lawsuit possibility
    http://www..com/discussion-forums/i485-1/67326117/last-page/





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  • saileshdude
    05-28 11:35 PM
    EB2 and EB3 will be in queue for sometime, fact being the latest fraud by Indian IT firms.

    Please read then post comments.

    I personally know 7 people who came to US in 2008 via Indian IT firm - designations [Sr Project managers or Program manager]....

    Applied for GC under EB1 and every one of them have a GC now....not to mention few MNC's based out in India have done the same...one of my friends who works for an US based consulting firm in Hyd is here in US on H1B [12 months] he has a GC.....EB1

    Before it was Labor Substitution cases that caused suffering everyone who is waiting in line for years. Now it is this fraud EB1 cases. I am planning to write to Ombudsman to bring this to the attention of USCIS to process EB1 cases from India with extreme scrutiny.
    Indian IT firms make designation as multinational executives where in actuality these people are just bunch of clowns. This needs to be controlled now before we have another year of misuse of EB1 cases. Is IV going to do something to make sure EB1 cases really get scrutinized and are given to only who really deserve it. I think thats one of the things IV should be pushing for.


    I am pretty sure Cognizant is one of the companies who is doing this.



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  • ebizash
    07-21 12:23 PM
    got into it, pulled off 3 weeks later. they refunded my investment w/o any issue. but yes never lost that persons contact who got friendly with me for this and we remain good family friends. so there are exceptions.

    We also remained good friends with the people who left our group... you know why... because we had no other options as we had no other friends left outside Quixtar (which was Amway before 2001 and is again Amway since 2009)

    Not saying that it applies in your case as well... but just telling you from my standpoint..





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  • sunty
    02-13 01:47 PM
    After reading all these comments specially the one from walking_dude, I think its prudent of IV for engaging USCIS in a constructive way....Even though it is very frustrating for us now, it would be a mistake to cut all connections to USCIS by a lawsuit..

    Lawsuit should be explored as a last resort for relief and I am for it..

    There are a number of things:

    1) A lawsuit cannot increase the GC visa numbers. Courts cannot change the law. The only relief we can seek through a lawsuit is to recapture the wasted visa numbers in the previous decade that amount to 218000.

    2) No matter how angry and frustrated we are, we should keep our cool heads and contribute as much as we can to the letter campaign. This might achieve some results. If it happens, it will provide big immediate relief and help reduce the backlogs.

    3) Lets see what's going on with the "Scaled down CIR type" bill House Dems are talking about, as mentioned my Greg Siskind etc. Hopes for this are low but no harm in hoping.

    4) I do see the light at the end of the tunnel. Once the new President steps in(Democratic or Republican), full-blown CIR would be revived. For legal EB immigrants, it would overhaul the whole GC system, making it point based and would most probably include EB visa reacpture and visa increase. This might happen in early 2009.

    5) With USCIS hiring 1500 employees and adjucators, processing times might improve.

    This is the time even the lawsuit would take to get some relief, if at all.

    So, let's be patient and keep the lawsuit option (if it possible) absolutely as a last resort.



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  • arian2002
    09-28 11:30 AM
    Friends, found this in Yahoo today..what you all think about this?

    http://realestate.yahoo.com/promo/renting-makes-more-financial-sense-than-homeownership.html;_ylc=X3oDMTFta3Jqcjk3BF9TAzI3MT YxNDkEX3MDOTc2MjA0NjUEc2VjA2ZwLXRvZGF5BHNsawNyZW50 aW5nLWJldHRlcg--





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  • Jerrome
    09-24 09:53 AM
    I think your analysis considers EB1(ROW)+EB2(ROW) spill over to EB3(ROW) that is not true,

    EB1 Overflow ---> EB2
    EB2 Overflow ---> EB2(I)+EB China

    That means as per your calculation, it would be 19,282 considering 0 EB1 and EB2 filled in 2010.

    As i said in my previous posts EB2 would be May 2006 by end of this year for sure.
    Best case scenario considering more than 30K spill over it would be end of 2006.

    You are also calculating spillover as of today with the pending cases, but the spill over happens only in Last quarter of 2010. There would be some if not more EB1+EB2 ROW applicants.

    Based on following link:

    http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf

    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) “Other Workers” – Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 – 6343 Pending = 1665 visas Extra.
    6) “Other Workers” – Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 – 7878 Pending = 19619 visas Extra.
    6) “Other Workers” – Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 – 14151 = 14195 pending EB2-I applications ready to go to year 2011.



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  • ChainReaction
    10-19 11:37 AM
    You are right. You are allowed to stay 3 years out of last 5 years outside of Canada. Your PR should still be good.


    one exception is if your spouse is a Canadian citizen or if you are working for a Canadian subsidiary (I am not sure if it has to be a governmental ).





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  • mallu
    02-16 03:24 PM
    According to first post in following thread ,
    http://immigration-information.com/forums/showthread.php?t=4285

    attorney Ron Gotcher says ( he got info ),

    "
    Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:

    * In April, India and China EB2 will be set at 12/01/2003
    * EB3 for India and China will slow down for the rest of the fiscal year"



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  • viva
    01-29 02:51 AM
    pappu- i got the message. sorry, if i became overzealous. just wanted to help iv...

    i will not raise any more questions asking non-contributing members to contribute.


    go iv .....go core team!





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  • manubilga
    02-13 07:35 PM
    I Am Candian Citizan With Eb3 Pd Is Nov 04 And I 140 Approved In Sept 06 I Do Not Know How Long Take To File I485



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  • sankap
    07-12 11:14 AM
    http://www.nytimes.com/2007/06/27/washington/27points.html?ex=1184385600&en=d3301beecf778d15&ei=5070

    June 27, 2007
    Canada�s Policy on Immigrants Brings Backlog
    By CHRISTOPHER MASON and JULIA PRESTON

    TORONTO, June 26 � With an advanced degree in business management from a university in India and impeccable English, Salman Kureishy is precisely the type of foreigner that Canada�s merit-based immigration system was designed to attract.

    Yet eight years went by from the time Mr. Kureishy passed his first Canadian immigration test until he moved from India to Canada. Then he had to endure nine months of bureaucratic delays before landing a job in his field in March.

    Mr. Kureishy�s experience � and that of Canada�s immigration system � offers a cautionary tale for the United States. Mr. Kureishy came to this country under a system Canada pioneered in the 1960s that favors highly skilled foreigners, by assigning points for education and work experience and accepting those who earn high scores.

    A similar point system for the United States is proposed in the immigration bill that bounced back to life on Tuesday, when the Senate reversed a previous stand and brought the bill back to the floor. The vote did not guarantee passage of the bill, which calls for the biggest changes in immigration law in more than 20 years.

    The point system has helped Canada compete with the United States and other Western powers for highly educated workers, the most coveted immigrants in high-tech and other cutting-edge industries. But in recent years, immigration lawyers and labor market analysts say, the Canadian system has become an immovable beast, with a backlog of more than 800,000 applications and waits of four years or more.

    The system�s bias toward the educated has left some industries crying out for skilled blue-collar workers, especially in western Canada where Alberta�s busy oil fields have generated an economic boom. Studies by the Alberta government show the province could be short by as many as 100,000 workers over the next decade.

    In response, some Canadian employers are sidestepping the point system and relying instead on a program initiated in 1998 that allows provincial governments to hand-pick some immigrant workers, and on temporary foreign-worker permits.

    �The points system is so inflexible,� said Herman Van Reekum, an immigration consultant in Calgary who helps Alberta employers find workers. �We need low-skill workers and trades workers here, and those people have no hope under the points system.�

    Canada accepts about 250,000 immigrants each year, more than doubling the per-capita rate of immigration in the United States, census figures from both countries show. Nearly two-thirds of Canada�s population growth comes from immigrants, according to the 2006 census, compared with the United States, where about 43 percent of the population growth comes from immigration. Approximately half of Canada�s immigrants come through the point system.

    Under Canada�s system, 67 points on a 100-point test is a passing score. In addition to education and work experience, aspiring immigrants earn high points for their command of languages and for being between 21 and 49 years old. In the United States, the Senate bill would grant higher points for advanced education, English proficiency and skills in technology and other fields that are in demand. Lower points would be given for the family ties that have been the basic stepping stones of the American immigration system for four decades.

    Part of the backlog in Canada can be traced to a provision in the Canadian system that allows highly skilled foreigners to apply to immigrate even if they do not have a job offer. Similarly, the Senate bill would not require merit system applicants to have job offers in the United States, although it would grant additional points to those who do.

    Without an employment requirement, Canada has been deluged with applications. In testimony in May before an immigration subcommittee of the United States House of Representatives, Howard Greenberg, an immigration lawyer in Toronto, compared the Canadian system to a bathtub with an open faucet and a clogged drain. �It is not surprising that Canada�s bathtub is overflowing,� Mr. Greenberg said.

    Since applications are not screened first by employers, the government bears the burden and cost of assessing them. The system is often slow to evaluate the foreign education credentials and work experience of new immigrants and to direct them toward employers who need their skills, said Jeffrey Reitz, professor of immigration studies at the University of Toronto.

    The problem has been acute in regulated professions like medicine, where a professional organization, the Medical Council of Canada, reviews foreign credentials of new immigrants. The group has had difficulty assessing how a degree earned in China or India stacks up against a similar degree from a university in Canada or the United States. Frustrated by delays, some doctors and other highly trained immigrants take jobs outside their fields just to make ends meet.

    The sheer size of the Canadian point system, the complexity of its rules and its backlogs make it slow to adjust to shifts in the labor market, like the oil boom in Alberta.

    �I am a university professor, and I can barely figure out the points system,� said Don J. DeVoretz, an economics professor at Simon Fraser University in British Columbia who studies immigration systems. �Lawyers have books that are three feet thick explaining the system.�

    The rush to develop the oil fields in northern Alberta has attracted oil companies from around the world, unleashing a surge of construction. Contractors say that often the only thing holding them back is a shortage of qualified workers.

    Scott Burns, president of Burnco Rock Products in Calgary, a construction materials company with about 1,000 employees, said he had been able to meet his labor needs only by using temporary work permits. Mr. Burns hired 39 Filipinos for jobs in his concrete plants and plans to hire more. He said that many of the temporary workers had critically needed skills, but that they had no hope of immigrating permanently under the federal point system.

    �The system is very much broken,� Mr. Burns said.

    Mr. Kureishy, the immigrant from India, said he was drawn to Canada late in his career by its open society and what appeared to be strong interest in his professional abilities. But even though he waited eight years to immigrate, the equivalent of a doctoral degree in human resources development that he earned from Xavier Labor Relations Institute in India was not evaluated in Canada until he arrived here. During his first six months, Canadian employers had no formal comparison of his credentials to guide them.

    Eventually, Mr. Kureishy, 55, found full-time work in his field, as a program manager assisting foreign professionals at Ryerson University in Toronto. �It was a long process, but I look at myself as fairly resilient,� Mr. Kureishy said.

    He criticized Canada as providing little support to immigrants after they arrived.

    �If you advertised for professors and one comes over and is driving a taxi,� he said, �that�s a problem.�

    Christopher Mason reported from Toronto, and Julia Preston from New York.





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  • bobby
    07-04 11:39 AM
    "The US govt. does a number on High Skilled Immigrants"

    http://immigrationvoice.org/forum/showthread.php?t=5994&page=9

    My suggestions:
    "Door slams shut for highly skilled LEGAL immigrants in the US"
    "US closes the door for highly skilled LEGAL immigrants"
    "US isolates highly skilled legal immigrants"
    "Broken Legal immigration system harmful to US competitiveness"
    "Legal Immigration system in shambles"



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  • soma
    02-12 10:52 PM
    how abt IV core leading us here or how abt murthy and other IV supporters who are immigration lawyers too.





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  • krish2005
    01-16 06:18 PM
    http://www.murthy.com/news/n_repatt.html dated March 2006

    I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
    �MurthyDotCom
    I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.

    End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
    Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
    Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
    The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
    Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.


    Thanks for the post. Is there such a requirement when there is a renewal of H1B ?





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  • ryan
    08-17 02:40 PM
    [QUOTE=sainwa;701250]has any one thought why did this happened at the same time when he is making a movie about a "Khan in US"? QUOTE]

    Exactly! And most Indians being the b'wood lovers they are - fell hard, as always.





    qualified_trash
    11-12 06:40 PM
    everyone on this thread must ask ourselves this question:

    My HR manager has told me that there will be a labor available which I may be able to use to gain a better PD and get my GC in record time. Do I go for it?

    If your answer to the above question is NO, may I suggest you have your head examined.........

    If your answer to the above question is YES, may I suggest that you do not worry too much about LC substitution.

    I personally would never pass up a chance at a pre-approved labor and I bear no ill will or grudge against those who have benefited from the same. This country and world is large enough for all to coexist and do well........

    As for the people who have benefited, there is something to be said about being in the right place at right time.......





    krish2005
    05-18 06:13 PM
    To me: sinhalas and tamils look very similar.
    This guy even goes further and says they are one and the same.

    http://www.geocities.com/nallathambi_thevar/TamilSangam_Mauryas.htm

    The present day Sinhala-Tamil conflict though originally a conflict between followers of Hinduism and the neo converts to Buddhism had morphed into a conflict between casteist Tamil Hindus and Tamil followers of �Organized Buddhism� to a conflict between Tamils and Sinhala with the converted Buddhist shifting there allegiance to Pali/Sinhala.Organized Buddhism succeeded in separating Elangai from Tamilakam with its own language of Pali/Sinhala.

    If we are trying to quote facts here then myths also come into play. Remember the ramayana when ravana was ruling srilanka. Who were those in Srilanka at that time ? Were they tamils ? No. If that can be accepted true then natives of srilanka should not be tamils. We dont know that time of ramayana tamils were a clan that even existed. But tamil is a age old language so tamils were one of the earliest clan too.

    Only way a co-existence could be established is by the world exerting pressure on lanka to
    treat tamils as brothers. If tamils existing there are citizens (granted by lanka), then why the inequality in rights. These armed groups only spring into existence because of suppression or power greed. Earlier times it was suppression, later it became power greed which killed the cause. Peaceful protests are always watched and will be supported by world. With technology in hand, (post LTTE) tamils could show to the world that they have a peaceful fight at hand.



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