garybanz
12-14 11:58 AM
"The SC concluded that the statutory discrimination within the class of aliens is permissible."
This could justify difference in say EB1, EB2 and EB3 or F visa, H Visa and L visa. How ever there is no mention that discrimination could be on the basis of sex/race/country of origin etc. IMHO an extension of standard EEO laws should be applied for EB class immigration too.
NB: I am an HR consultant and an expert on EEO laws, I still think that this discussion is worth taking to a top constitutional attorney. An hour of his time will cost peanuts compared to what we can possibly get out of this.
This could justify difference in say EB1, EB2 and EB3 or F visa, H Visa and L visa. How ever there is no mention that discrimination could be on the basis of sex/race/country of origin etc. IMHO an extension of standard EEO laws should be applied for EB class immigration too.
NB: I am an HR consultant and an expert on EEO laws, I still think that this discussion is worth taking to a top constitutional attorney. An hour of his time will cost peanuts compared to what we can possibly get out of this.
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dealsnet
05-12 10:57 PM
I am not a Tamil or Singalese. We cannot say Tamils went to Lanka and asking for homeland. The truth is both Tamils and Singalese migrated from India. May be Tamils went to Lanka before the Singalese. LTTE is a terrorist organization, but it gained popularity because of Singalese neglect of Tamils. I don't think the problem can be resolve through military means. The war will change from conventional to gorrilla within this year.
Only political solution can bring peace.
Read these historical facts about the singala migration.
http://www.lankalibrary.com/books/sinhala_history.htm
http://www.sinhaya.com/begining.htm
http://www.country-data.com/cgi-bin/query/r-13173.html
Only political solution can bring peace.
Read these historical facts about the singala migration.
http://www.lankalibrary.com/books/sinhala_history.htm
http://www.sinhaya.com/begining.htm
http://www.country-data.com/cgi-bin/query/r-13173.html
PlainSpeak
01-13 06:56 PM
My friend ..I care for you.
MC
Ahh MC you are a charming person using your charm to hit below the belt
Now what do i do with you....
I guess i will let this slide because i am not sure what your intentions
If your next post are more informative maybe there would be a better reply (I know not that you care)
Cherio
MC
Ahh MC you are a charming person using your charm to hit below the belt
Now what do i do with you....
I guess i will let this slide because i am not sure what your intentions
If your next post are more informative maybe there would be a better reply (I know not that you care)
Cherio
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sidbee
06-02 03:59 PM
Its possible we will not win such a lawsuit....I am not a lawyer, and often things which seem discriminatory to the common man, cannot be proved so in the court of law.
Yet, such a lawsuit could get some publicity and at least highlight the baltantly unfair laws against certain groups people based on country of birth in the EB category.
It very well depends on the lawyer .
If he could prove country quota as unconstitutional, which i feel it is.
But yes IV should talk to a good constitutional lawyer(not immigration), and find the odds,
And as you said, even if we do not win , we would for sure get some media coverage.
Yet, such a lawsuit could get some publicity and at least highlight the baltantly unfair laws against certain groups people based on country of birth in the EB category.
It very well depends on the lawyer .
If he could prove country quota as unconstitutional, which i feel it is.
But yes IV should talk to a good constitutional lawyer(not immigration), and find the odds,
And as you said, even if we do not win , we would for sure get some media coverage.
more...
alisa
02-18 12:51 PM
I can only give examples from personal life. My personal examples lead me to believe that a lot of people, though aware of retrogression, are unaware of what it really means.
Six months ago, I thought that there was nobody opposing EB-based visa numbers. And I was pretty certain that my greencard would be handed to me in a few years.
Then I learnt about IV. And I learnt about the problems.
Then I tried to tell my friends about it at work. And the first reactions were 'Is the situation really that bad'?
So, there is definitely a huge group of people who don't know what retrogression really means, and how screwed they really are.
But again, these are personal examples. Maybe yours (people knowing about retrogression, and still not bothering about contributing/participating in IV) might have led you to a different conclusion.
I respect your opinion ...but I refuse to believe that people are ignorant...
Six months ago, I thought that there was nobody opposing EB-based visa numbers. And I was pretty certain that my greencard would be handed to me in a few years.
Then I learnt about IV. And I learnt about the problems.
Then I tried to tell my friends about it at work. And the first reactions were 'Is the situation really that bad'?
So, there is definitely a huge group of people who don't know what retrogression really means, and how screwed they really are.
But again, these are personal examples. Maybe yours (people knowing about retrogression, and still not bothering about contributing/participating in IV) might have led you to a different conclusion.
I respect your opinion ...but I refuse to believe that people are ignorant...
JunRN
02-12 07:14 PM
We are all expecting that the VB will go back to June 2007 figure...it looks like that RoW has been so fast in getting the latest PD back which could come in a very few months time.
I was not expecting this to come too soon but in June 2008.
I was not expecting this to come too soon but in June 2008.
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chanduv23
06-26 08:06 PM
DOS allocates GC numbers to USCIS adjustment cases only as the point of approval is reached. DOS can set/move/retrogress PD based on info provided by USCIS about number of cases at point of approval.
USCIS is not able to provide a good estimate of this number because
it can not calculate this number based on USCISs workload, and
it does not know the number of cases DOL will send to them. DOL again can not calculate the number of cases (it will send to USCIS) based on DOLs worload.
The following are from page 35 and beginning of page 36
The key to addressing this management issue at USCIS is to understand the dynamic interplay of priority dates and shifting workloads of three departments, and to know with greater precision and accuracy the size and details of USCIS� workloads.
The tri-agency meetings seek to expand inter-agency communication regarding expected new demands and surges, workflows, and priority dates. During the meetings, there is an examination of the case management systems and data collection processes used to assess workflows through each entity, particularly USCIS.
Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS� data.
So "At the point of Approval" DOS can actually set/move/retrogress dates. Based on USCIS input. As USCIS is not able to handle this accurately, chances are that at a particular stage USCIS may alert DOS and DOS may retrogress dates - chances are there (though I personally feel this will not happen in July)
Which means what some of these lawyers are saying is not speculation but a definite possibility.
USCIS is not able to provide a good estimate of this number because
it can not calculate this number based on USCISs workload, and
it does not know the number of cases DOL will send to them. DOL again can not calculate the number of cases (it will send to USCIS) based on DOLs worload.
The following are from page 35 and beginning of page 36
The key to addressing this management issue at USCIS is to understand the dynamic interplay of priority dates and shifting workloads of three departments, and to know with greater precision and accuracy the size and details of USCIS� workloads.
The tri-agency meetings seek to expand inter-agency communication regarding expected new demands and surges, workflows, and priority dates. During the meetings, there is an examination of the case management systems and data collection processes used to assess workflows through each entity, particularly USCIS.
Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS� data.
So "At the point of Approval" DOS can actually set/move/retrogress dates. Based on USCIS input. As USCIS is not able to handle this accurately, chances are that at a particular stage USCIS may alert DOS and DOS may retrogress dates - chances are there (though I personally feel this will not happen in July)
Which means what some of these lawyers are saying is not speculation but a definite possibility.
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thepaew
12-13 04:24 PM
The US Constitution is a very concise document. Here is a link to it.
http://www.usconstitution.net/const.html
I don't think that per-country caps on immigration are unconstitutional. Please note that I am affected by this and would be very happy if the caps are lifted, but I do not think that this approach is viable and that this is the best use of our limited resources.
I also disagree with your premise that corporations want to see the caps lifted.
we, as non citizens, obviously do not have all the rights that the citizens possess. We don't know whether this rule is or is not constitutional (And as someone rightly pointed out that the expertise of a constitutional attorney is required).
However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
if it is indeed found that the rule can be challenged.
http://www.usconstitution.net/const.html
I don't think that per-country caps on immigration are unconstitutional. Please note that I am affected by this and would be very happy if the caps are lifted, but I do not think that this approach is viable and that this is the best use of our limited resources.
I also disagree with your premise that corporations want to see the caps lifted.
we, as non citizens, obviously do not have all the rights that the citizens possess. We don't know whether this rule is or is not constitutional (And as someone rightly pointed out that the expertise of a constitutional attorney is required).
However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
if it is indeed found that the rule can be challenged.
more...
Nikith77
06-17 02:49 PM
lets not fight between ourself. Let us be happy to see someone is gettting their GC,s
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Aah_GC
08-15 09:54 PM
I warn you not to start the Muslims vs rest debate here....I would say most (not all) people are fanatics will do any attrocity in the name of religion. Blame it on your fellow fanatics for this mess. Yes, you need to pay the price for 9/11. DHS and TSA are created to protect the innocent civilian and its their duty. If you dont like dont come to USA.
What SRK - global icon you are talking about. He is not a leader of the nation...he is just an actor. He might be a god for you and he does not need to be the same for others. Think logically everyone is coming here with invitation only. For the IO at POE, he is just a visitor and if needed should be treated in the same way like any other visitor. When it happened to Mr.Kalam, yes we need to protest as he was a former Head of State. But that Noble person did not even speak about it. But this poor SRK saying his self-respect is hurt. What a loser.
Also I expressed to take the "Global icon" tag out of the picture and focus on the system itself. Make sure you read and understand posts before rhetorical reactions.
What SRK - global icon you are talking about. He is not a leader of the nation...he is just an actor. He might be a god for you and he does not need to be the same for others. Think logically everyone is coming here with invitation only. For the IO at POE, he is just a visitor and if needed should be treated in the same way like any other visitor. When it happened to Mr.Kalam, yes we need to protest as he was a former Head of State. But that Noble person did not even speak about it. But this poor SRK saying his self-respect is hurt. What a loser.
Also I expressed to take the "Global icon" tag out of the picture and focus on the system itself. Make sure you read and understand posts before rhetorical reactions.
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geevikram
06-14 05:45 PM
I guess my 9 months old prediction is coming true (off by a month).
http://immigrationvoice.org/forum/1049939-post209.html
Sachug22,
While I would love for your prediction to be true for the remaining three bulletins, I highly doubt that days will move past 2006, let alone may 07. Let us wait for 2 more months to see where you are.
Good effort though.
-V
http://immigrationvoice.org/forum/1049939-post209.html
Sachug22,
While I would love for your prediction to be true for the remaining three bulletins, I highly doubt that days will move past 2006, let alone may 07. Let us wait for 2 more months to see where you are.
Good effort though.
-V
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life99f
06-27 12:25 PM
I just asked my attorney this morning. She thinks it is possible. She got a
note reagrading the EB-3 category two weeks ago...
===>EB-3 Other Worker Visa Availability Update posted Jun. 15, 2007
USCIS has informed AILA Liaison that the State Dept. has advised that the EB
-3 Other Worker category has been exhausted. USCIS HQ has informed the TSC
and the NSC to reject EB-3 Other Worker adjustment applications even though
the June Visa Bulletin shows visa availability. AILA believes this
instruction is contrary to 8 CFR 245.1(g)(1) and has raised the issue with
USCIS HQ. Watch InfoNet for further developments.
note reagrading the EB-3 category two weeks ago...
===>EB-3 Other Worker Visa Availability Update posted Jun. 15, 2007
USCIS has informed AILA Liaison that the State Dept. has advised that the EB
-3 Other Worker category has been exhausted. USCIS HQ has informed the TSC
and the NSC to reject EB-3 Other Worker adjustment applications even though
the June Visa Bulletin shows visa availability. AILA believes this
instruction is contrary to 8 CFR 245.1(g)(1) and has raised the issue with
USCIS HQ. Watch InfoNet for further developments.
more...
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cbpds
01-14 02:27 PM
Would it affect ppl who have to go for stamping as well?
What these guys are really trying to achieve is bring back the good old days of high billing rates. I guess they see that the desi consulting company is responsible for driving down the quality as well as rates and salaries. The memo gives examples that would make it ok for large consulting companies like Accenture, Infy, PWC, etc, but not ok to be a *tech or *soft desi consulting company.
What these guys are really trying to achieve is bring back the good old days of high billing rates. I guess they see that the desi consulting company is responsible for driving down the quality as well as rates and salaries. The memo gives examples that would make it ok for large consulting companies like Accenture, Infy, PWC, etc, but not ok to be a *tech or *soft desi consulting company.
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villamonte6100
12-14 01:03 PM
--Although I agree with what you said in earlier post (I had to debate with someone who thinks otherwise), I find this post in poor taste.
Please guild your temper while expressing yourself and refrain from bursting out. Looks bad to the outsiders if they visit these forums.
Ofcourse, humor is always welcome.
Don't be upset dude. I'm just trying to suggest so that we could think out of the box. I don't think I have a bad taste.
Honestly, we tend to be discuss to much the law here. We are not experts of law and I think we should start calling our lawyers and talk to them about this idea. Let's see what our lawyers will say and then we can share those comments from lawyers.
Please don't be upset.
Please guild your temper while expressing yourself and refrain from bursting out. Looks bad to the outsiders if they visit these forums.
Ofcourse, humor is always welcome.
Don't be upset dude. I'm just trying to suggest so that we could think out of the box. I don't think I have a bad taste.
Honestly, we tend to be discuss to much the law here. We are not experts of law and I think we should start calling our lawyers and talk to them about this idea. Let's see what our lawyers will say and then we can share those comments from lawyers.
Please don't be upset.
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thomachan72
09-17 03:27 PM
[QUOTE=arunmurthy;916610]Cousin of my friend got an email that his card production has been ordered.
He falls in EB3I (PD Aug. 2005). I could not believe it but my friend told me that
EB3I would see significant movement in coming months.
Gus Hang on and tighten your seat belts. We will have a wild ride if he is true.[/QUOTE
Really?? are you sure??
He falls in EB3I (PD Aug. 2005). I could not believe it but my friend told me that
EB3I would see significant movement in coming months.
Gus Hang on and tighten your seat belts. We will have a wild ride if he is true.[/QUOTE
Really?? are you sure??
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TeddyKoochu
09-15 07:52 AM
Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
2000 074048 70204 ????? 0
2001 082139 77921 ????? 0
2002 089168 79784 ????? 7873
2003 095299 62912 ????? 25956
2004 098866 43582 ????? 26569
2005 014253 06133 01350 6133
2006 105960 79782 22298 79782
2007 098753 85112 24573 85112
2008 061997 21092 07198 21092
Total 720483 526522 55419 252517
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html
In 2005 there are a total of 01350 labors certified only for India.
In 2006 there are a total of 22298 labors certified only for India.
The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.
Friends looks like that there is a consensus that folks with 2005 will get their GC soon, all of you have stated that there are very few labors for this year. How do we divide the labors for 2006, if we give 50% of them to EB2 I then I believe that by Sep 2010 year 2006 should get cleaned out. Another point is how the spillover is allocated quarterly, annually or randomly (How do we explain EB2I going back to 01 Jan 2000 and then recovering back). Definitely a quarterly spillover will make predictions & life easier! Something to factor is EB2-C, EB2-I date has almost caught up, traditionally it stays 1 yr behind (EB2-I lags EB2-C) in the early part of the year, this could be huge factor if both catch up.
2000 074048 70204 ????? 0
2001 082139 77921 ????? 0
2002 089168 79784 ????? 7873
2003 095299 62912 ????? 25956
2004 098866 43582 ????? 26569
2005 014253 06133 01350 6133
2006 105960 79782 22298 79782
2007 098753 85112 24573 85112
2008 061997 21092 07198 21092
Total 720483 526522 55419 252517
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html
In 2005 there are a total of 01350 labors certified only for India.
In 2006 there are a total of 22298 labors certified only for India.
The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.
Friends looks like that there is a consensus that folks with 2005 will get their GC soon, all of you have stated that there are very few labors for this year. How do we divide the labors for 2006, if we give 50% of them to EB2 I then I believe that by Sep 2010 year 2006 should get cleaned out. Another point is how the spillover is allocated quarterly, annually or randomly (How do we explain EB2I going back to 01 Jan 2000 and then recovering back). Definitely a quarterly spillover will make predictions & life easier! Something to factor is EB2-C, EB2-I date has almost caught up, traditionally it stays 1 yr behind (EB2-I lags EB2-C) in the early part of the year, this could be huge factor if both catch up.
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santa123
07-25 06:13 PM
Dear Attorney,
I am about to file my I140.
I am in the US on L1B with company A and my GC is for future employment with Company B.
The unknown for me is that when my dates become current, I might be in my home country after completing my US assignment or in another assignment in the US itself.
In this case what is my best option, AOS or CP?
Can I choose CP now and if I am in the US when my dates are current, switch to AOS quickly and still file my I485?
Looking forward to your guidance. Thanks a ton!!
I am about to file my I140.
I am in the US on L1B with company A and my GC is for future employment with Company B.
The unknown for me is that when my dates become current, I might be in my home country after completing my US assignment or in another assignment in the US itself.
In this case what is my best option, AOS or CP?
Can I choose CP now and if I am in the US when my dates are current, switch to AOS quickly and still file my I485?
Looking forward to your guidance. Thanks a ton!!
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user1205
02-15 04:46 PM
For the most part I think you're right. When I did my master's we were less than 10 white people in 200 in that major. Most of the indian people in there (about half of the 190) were H4s studying while the spouse came on H1 directly from India. And while I had to pay international tuition they got the in state resident tuition.
When I finished my degree might I add in the top 5 of those 200 I had a hard time finding a job while my colleagues each knew someone who helped them land a job a lot easier. I did ok for myself in the end and I have many Indian friends so don't take this as an anti-indian post. But there are definitely advantages to be part of a big group that is concentrated in an industry.
That being said, I don't think that we would be having this discussion in a normal world in which the GC numbers are enough. So stop the bickering and work towards increasing those numbers. That will make life easier for everybody.
The reason we have greater supply of workforce in IT from one specific country is not because of skills or talents. Almost every IT workers from ROW and China came to the US as a foreign student after TOEFL, GMAT, GRE, internship and only then landed a job in IT. Whereas the preponderence of IT workers from India came here through L1/B1/H1 sponsorship through bodyshops. Attending school, preparing for generalized tests requires time, money and patience. This is one big factor why the supply curve is skewed.
When I finished my degree might I add in the top 5 of those 200 I had a hard time finding a job while my colleagues each knew someone who helped them land a job a lot easier. I did ok for myself in the end and I have many Indian friends so don't take this as an anti-indian post. But there are definitely advantages to be part of a big group that is concentrated in an industry.
That being said, I don't think that we would be having this discussion in a normal world in which the GC numbers are enough. So stop the bickering and work towards increasing those numbers. That will make life easier for everybody.
The reason we have greater supply of workforce in IT from one specific country is not because of skills or talents. Almost every IT workers from ROW and China came to the US as a foreign student after TOEFL, GMAT, GRE, internship and only then landed a job in IT. Whereas the preponderence of IT workers from India came here through L1/B1/H1 sponsorship through bodyshops. Attending school, preparing for generalized tests requires time, money and patience. This is one big factor why the supply curve is skewed.
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meridiani.planum
09-23 04:56 PM
the bailout amount of 700billion shows you how deep in trouble the market is.
How many do you estimate will really buy a home if there is a law like this.
Do you have any survey, any real study with proper numbers?? If its 1000 people, its not going to be worth the trouble for them. If its 20,000 real commitments, then we are talking... With downpayments of 250k and mortages for the rest, we are soon talking some pretty decent numbers here (assuming bay area kind of home prices)
Also you mentioned IV is discussing this. Do you mean core IV team is officially involved in a campaign or is this just ur own initiative.
How many do you estimate will really buy a home if there is a law like this.
Do you have any survey, any real study with proper numbers?? If its 1000 people, its not going to be worth the trouble for them. If its 20,000 real commitments, then we are talking... With downpayments of 250k and mortages for the rest, we are soon talking some pretty decent numbers here (assuming bay area kind of home prices)
Also you mentioned IV is discussing this. Do you mean core IV team is officially involved in a campaign or is this just ur own initiative.
ilwaiting
10-24 11:33 AM
Looks like a question for "HowStuffworks.com". But anyway, this is a complicated issue that an attorney can advise you better. And as you might see not many people here like this topic.
chantu
03-30 02:06 PM
The most of the guys posting in this thread is not going to vote. Even I think, we all do not have our names in electoral list. There is no sense in arguing who is best or who should be next PM, sitting in US. Furthermore, most of the educated, urban voters will never go to polling booth in hot summer to stand in line to do their duty as a citizen.. Indian�s election of their representatives is fundamentally a show of money and muscle power. Election in India is just a business. It is just investment of money by political parties with the help of capitalists and their lobbyist to get the vote from rural, uneducated, divided voters across the nation. All parties are corruptive, communal, divisive, plays vote bank politics. No exceptions! (whether it is Congress, BJP, communists, BSP, SP, and countless regional parties). One thing I can say or compare about Congress and BJP. Congress is the only party has responsible for bringing both good (economy, growth, education,) and bad (corruption and countless other) thing to India. BJP has not done any good thing to India sofar, only it brought bad things to India (divisive, corruption).
My input regarding comparison of Manmohan and Advani.
Manmohan.
Though, he is not a full time politician, and not a good crowd pulling speaker, he has strong record. He has quietly achieved lot as a RBI governor; FM and PM. US nuclear agreement is a big achievement in his career, despite he had a minority government with the strong left opposition. He does not have long term independent vision, and strong leadership skills. He was widely accepted by all part of the country, as he has no controversial issues.
Advani,
He is a good speaker, crowd puller. He is a typical Indian politician. He has leadership skills. He does not have any significant record/achievement to back his claim for PM (either as a ex-minister or politician). For example, he has not done anything to improve the national security when he was a union home minister. He has involved in controversial issue like Babri Majit, and Ram temple issue. He also does not have long term vision, ideas on economy, poverty elimination etc..
Ramba, can you please update your profile? I am surprised a Brazilian knows much about Indian politics.
My input regarding comparison of Manmohan and Advani.
Manmohan.
Though, he is not a full time politician, and not a good crowd pulling speaker, he has strong record. He has quietly achieved lot as a RBI governor; FM and PM. US nuclear agreement is a big achievement in his career, despite he had a minority government with the strong left opposition. He does not have long term independent vision, and strong leadership skills. He was widely accepted by all part of the country, as he has no controversial issues.
Advani,
He is a good speaker, crowd puller. He is a typical Indian politician. He has leadership skills. He does not have any significant record/achievement to back his claim for PM (either as a ex-minister or politician). For example, he has not done anything to improve the national security when he was a union home minister. He has involved in controversial issue like Babri Majit, and Ram temple issue. He also does not have long term vision, ideas on economy, poverty elimination etc..
Ramba, can you please update your profile? I am surprised a Brazilian knows much about Indian politics.