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  • desi3933
    08-06 12:43 PM
    Don't worry there is no solid basis for the lawsuit. Only lawsuit that can be filled , if at all, is BS+5 , which is USCIS ineterpretation of Advance degree equivalent.
    Source: A reputed lawyer known to us all on this forum.
    Mode of consultation: E-mail

    Next course of action: Unknown. But folks with US Masters or higher please PM me...

    Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

    If you would like to read about related case, refer to this pdf
    http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

    ============================================
    Sec. 204.5 Petitions for employment-based immigrants.

    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

    (1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section:

    Advanced degree

    means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

    ======================================



    ____________________________
    US Permanent Resident since 2002





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  • yrspassby
    08-07 04:38 PM
    My wife and I were happy for twenty years. Then we met.

    When a man brings his wife flowers for no reason, there's a reason.

    Always get married early in the morning. That way, if it doesn't work out, you haven't wasted a whole day.

    In olden times, sacrifices were made at the altar, a practice that still continues.

    Getting married is very much like going to a restaurant with friends. You order what you want, then when you see what the other fellow has, you wish you had ordered that.

    I think men who have a pierced ear are better prepared for marriage. They've experienced pain and bought jewelry.





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  • gomirage
    06-05 08:30 PM
    Do not take that snipet out of context.. Innovation, research and development, that you have talked about was in the past. Do you know that Boeing has a R & D Lab in bangalore? So does many globals.. They are already doing modelling and simulation at those centers :). When they made it difficult for innovators to get here.. jobs left US to go to innovators.. .Same will happen with Technology soon :)

    By the way, all those your points are valid but will have a negligable impact on Housing market or economy in short term.. atleast until next cycle.. Unless US reform immigration policies for a 21st century knowledge revolution.. create well paid jobs for best and brightest in the world right here.. who can earn, spend and not borrow.. (EB category) ... Housing problem will also resolved... But US is lagging way behind. this is my opinion as Obama Administration has not thought so far beyond providing food coupons, housing rescue and medicare... Based on what is on the card, there will be lot of blue collar folks... nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?

    Well said.





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  • chintu25
    08-07 10:59 AM
    CIRCUIT
    Bhai, Bapu ne bola tha ke kabhi jhoot nehin bolna mangta hai. Apun aaj se kabhi jhoot nehin bolega Bhai.
    MUNNA BHAI
    Aye Circuit, woh Sunita ka baap aya hai terayko dund rehla hai.
    CIRCUIT
    Bhai usko bolo apun gaon gaya hai, kheti karneko.
    MUNNA BHAI
    Par Circuit, abhi to tu bola kabhi jhoot nehin bolega.
    CIRCUIT
    Bhai, apun jhoot nehin bolega, par tum to bol sakta hai na.

    :D

    MAMU
    Bhai, apnay ko char mahinay mein Tamil sikhna padega. Kuch upay batao.
    MUNNA BHAI
    Kannada kyun, aur char mahinay ka kya chakkar hai?
    MAMU
    Meinay ek Tamil baccha adopt kiya hai, aur woh char mahinay mein bolne lagay ga.

    :D

    CIRCUIT
    Oye Short Circuit yeh light bulb pe baap ka naam kya likh raha hai?
    SHORT CIRCUIT
    Apun baap ka naam roshan kar rehle hai.

    :D:D:D:D:D:D:D:D



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  • 485Mbe4001
    09-26 12:03 PM
    "I have no doubt in my mind that a Harvard graduate can get USA out of this economic turmoil. ":)
    i had to chime in, sorry but GWB is also a Harvard graduate. Only a Harvard Business graduate can get us in this turmoil ? :)

    Obama might be good, i dont know, i have yet to see a some good bills from him or concrete actions, but people like him and in the US perception and media support is everything. I think he will win. If might not be good for us because of the following
    a) Sen Durbin, is anti H1 and also anti GC (IMO)
    b) Massive support from labor unions. Just reading some of the statements from the the unions who support him indicate that they will want their pound of flesh after the elections. Watch out for those changes.
    c) If the democrats get a majority then there might be a chance (Reps dont have a chance of getting a majority), if the congress stays divided then the opinions are sharper and the same thing will happen again.
    d) CIR had little if any EB benefits, it was mainly for the illegals...we were simply added due to actions from IV and the rest.


    Yes, I would also love to see Sen Obama as President. I have no doubt in my mind that a Harvard graduate can get USA out of this economic turmoil. Obama presidency comes with a price for high-skilled immigrants because of the influence of Sen. Durbin on Sen. Obama on EB immigration issues. Past proposals from Sen. Durbin has scared the heck out of EB folks. If there is any changes to AC21 law like portability and H1 extensions, then many high-skilled immigrants might be sent packing because they cannot maintain status.

    I have been in this country for almost 10 years and still have a long way to go before I get my green card. A Green Card system that was devised for a wait time of few years, has been clogged and is taking decades for people to get Green Cards. On top of it if the rules of the game is changed (like that proposed in CIR), I certainly don't want to get into this black hole queue again. If I have to start over my GC process again I would rather start it else where other than USA. I am strongly inclined to start my Canadian PR process if I don't see any process improvement in the GC process in the next year. Decades of waiting for a Green card has taken the edge out of my creativity and innovative spirit. It has causes me to compromise on professional ambitions. Even after 10 years of wait for this never ending ordeal, I still have to spend thousands of dollars every year on immigration expenses. I still cannot commit to buying a house and settling down because of the uncertain future due to Green Card limbo.

    The luke warm reception to Lofgren bills by the Republican's have shown what we can expect if Sen. McCain becomes the President. Why did the so called maverick who supposedly supports immigration let the Lofgren bills die in the committees, while Republicans filibustered the bill in all the markup sessions. Sen. McCain has forgotten the word immigration after he has become the Republican nominee.





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  • panky72
    08-20 06:55 PM
    An old man lived alone in Minnesota. He wanted to spade his potato garden, but it was very hard work. His only son, who would have helped him, was in prison. The old man wrote a letter to his son and mentioned his situation:

    Dear Son,

    " I am feeling pretty bad because it looks like I won't be able to plant my potato garden this year. I hate to miss doing the garden, because your mother always loved planting time. I'm just getting too old to be digging up a garden plot. If you were here, all my troubles would be over. I know you would dig the plot for me, if you weren't in prison
    ............. ......... .......Love, Dad "

    Shortly, the old man received this telegram : "For Heaven's sake, Dad, don't dig up the garden!! That's where I buried the GUNS!!"

    At 4 a.m. the next morning, a dozen FBI agents and local police officers showed up and dug up the entire garden without finding any guns.

    Confused, the old man wrote another note to his son telling him what happened, and asked him what to do.

    His son's reply was: "Go ahead and plant your potatoes, Dad......... ...... It's the best I could do for you from here."

    Moral:
    NO MATTER WHERE YOU ARE IN THE WORLD, IF YOU HAVE DECIDED TO DO
    SOMETHING DEEP FROM YOUR HEART, YOU CAN DO IT. IT IS THE THOUGHT THAT MATTERS NOT WHERE YOU ARE OR WHERE THE PERSON IS.



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  • Macaca
    02-27 07:18 PM
    Democrats Should Read Kipling (http://www.nytimes.com/2008/02/18/opinion/18kristol.html?ref=opinion) By WILLIAM KRISTOL | NYT, Feb 18

    Browsing through a used-book store Friday � in the Milwaukee airport, of all places � I came across a 1981 paperback collection of George Orwell�s essays. That�s how I happened to reread his 1942 essay on Rudyard Kipling. Given Orwell�s perpetual ability to elucidate, one shouldn�t be surprised that its argument would shed light� or so it seems to me � on contemporary American politics.

    Orwell offers a highly qualified appreciation of the then (and still) politically incorrect Kipling. He insists that one must admit that Kipling is �morally insensitive and aesthetically disgusting.� Still, he says, Kipling �survives while the refined people who have sniggered at him seem to wear so badly.� One reason for this is that Kipling �identified himself with the ruling power and not with the opposition.�

    �In a gifted writer,� Orwell remarks, �this seems to us strange and even disgusting, but it did have the advantage of giving Kipling a certain grip on reality.� Kipling �at least tried to imagine what action and responsibility are like.� For, Orwell explains, �The ruling power is always faced with the question, �In such and such circumstances, what would you do?�, whereas the opposition is not obliged to take responsibility or make any real decisions.� Furthermore, �where it is a permanent and pensioned opposition, as in England, the quality of its thought deteriorates accordingly.�

    If I may vulgarize the implications of Orwell�s argument a bit: substitute Republicans for Kipling and Democrats for the opposition, and you have a good synopsis of the current state of American politics.

    Having controlled the executive branch for 28 of the last 40 years, Republicans tend to think of themselves as the governing party � with some of the arrogance and narrowness that implies, but also with a sense of real-world responsibility. Many Democrats, on the other hand, no longer even try to imagine what action and responsibility are like. They do, however, enjoy the support of many refined people who snigger at the sometimes inept and ungraceful ways of the Republicans. (And, if I may say so, the quality of thought of the Democrats� academic and media supporters � a permanent and, as it were, pensioned opposition � seems to me to have deteriorated as Orwell would have predicted.)

    The Democrats won control of Congress in November 2006, thanks in large part to President Bush�s failures in Iraq. Then they spent the next year seeking to ensure that he couldn�t turn those failures around. Democrats were �against� the war and the surge. That was the sum and substance of their policy. They refused to acknowledge changing facts on the ground, or to debate the real consequences of withdrawal and defeat. It was, they apparently thought, the Bush administration, not America, that would lose. The 2007 Congressional Democrats showed what it means to be an opposition party that takes no responsibility for the consequences of the choices involved in governing.

    So it continues in 2008. The director of the Central Intelligence Agency, Gen. Michael Hayden, the director of national intelligence, the retired Vice Admiral Mike McConnell, and the attorney general, the former federal judge Michael Mukasey, are highly respected and nonpolitical officials with little in the way of partisanship or ideology in their backgrounds. They have all testified, under oath, that in their judgments, certain legal arrangements regarding surveillance abilities are important to our national security.

    Not all Democrats have refused to listen. In the Senate, Jay Rockefeller, chairman of the Intelligence Committee, took seriously the job of updating the Foreign Intelligence Surveillance Act in light of technological changes and court decisions. His committee produced an impressive report, and, by a vote of 13 to 2, sent legislation to the floor that would have preserved the government�s ability to listen to foreign phone calls and read foreign e-mail that passed through switching points in the United States. The full Senate passed the legislation easily � with a majority of Democrats voting against, and Senators Obama and Clinton indicating their opposition from the campaign trail.

    But the Democratic House leadership balked � particularly at the notion of protecting from lawsuits companies that had cooperated with the government in surveillance efforts after Sept. 11. Director McConnell repeatedly explained that such private-sector cooperation is critical to antiterror efforts, in surveillance and other areas, and that it requires the assurance of immunity. �Your country is at risk if we can�t get the private sector to help us, and that is atrophying all the time,� he said. But for the House Democrats, sticking it to the phone companies � and to the Bush administration � seemed to outweigh erring on the side of safety in defending the country.

    To govern is to choose, a Democrat of an earlier generation, John F. Kennedy, famously remarked. Is this generation of Democrats capable of governing?


    An Old Hand Goads Democrats to Get Tough on Ethics (http://www.washingtonpost.com/wp-dyn/content/article/2008/02/20/AR2008022002831.html?hpid=sec-politics) By Mary Ann Akers And Paul Kane | WP, Feb 21





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  • sledge_hammer
    03-23 03:11 PM
    I'm sure you meant Larry David ;)

    Did you send Seinfeld a royalty? :D
    -a



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  • unseenguy
    06-20 03:38 AM
    Buying a home in US Now is a foolish thing to do. There are no green cards for Indians or Chinese. Hence we should not buy a home here. There is no long term security or equal opportunity. If we take all savings back, we can buy a house with cash and need not worry about interest. So until you get green cards, hold onto your money tight.





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



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  • Raju
    05-24 03:32 PM
    Raju, the unemployment is at 4.7%. That is good, but how about earning power and wage increases ? I hear all the time my friends report that they can no longer afford goods and services as they did five or four years ago. There are plenty of evidence that in many sectors wages have dropped or have stagnated. Is that indication of surplus pr shortage of workers ?

    Regarding his idea of sending 15 millions of illegals out, that is not absurd. He never told he wanted to do it overnight. A gradual, slow deportation program yes, it would be probably the best way to handle this.

    I am sorry if I look negative to you guys, but my goal is to be sincere and honest about facts here.

    I think that wages have gone up drastically during the dotcom bubble and you should expect them to flatten for a few years. Also, the economy is coming out from a bust and that accounts to a little stagnation. It is simple man, the world also has to catch up. If you get the same job done for much less in coutries like China, India, Russia and romania, why do you think the wages will go up, unless there is a new technology, that absolutely needs cutting edge skills. This is the way it has been in ht past, this is the way it is in present and will be this way in future. The services and goods you are talking about will become more expensive if you want to send the undocumented workers out. And the wages may not go up that much because companies can get stuff done in other parts of the world. A reporter should talk about two sides of the issue and I have never seen Lou do that. I do not have the time/interest to find the transcripts but he had been offensive about H1s and I heard him say that H1's do not pay taxes, which is a blunder.





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  • posmd
    07-08 04:56 PM
    Nice to hear you are still in the background UN.



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  • satishku_2000
    05-16 05:06 PM
    Both are problems. The misuse of H-1B visa petitions prevent honest people from obtaining such a visa. That is not right. The issue of the illegal immigrants in this country is an ugly one as well. In my personal opinion, I do not believe any talks of amnesty should affect people with green card petitions pending. People given amnesty should go to the very back of the line and pay a serious fine on top of that.

    Whether you like it or not legalization will affect all petetions . If you know enough about 245i provision you would understand how it affects every one legal or illegal or skilled or unskilled . Its not about when an undocumented person will get his GC , even making so many people eligible for filing applications itself will make things worse. Imagine how long it will take for issue of receipt notices for all these petetions . If you think legalization will not affect your green card petetion processing then you are simply dreaming.





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  • alisa
    12-27 12:55 AM
    You are from Pakistan, you tell why you are doing this. Why are you asking us to explain your actions?

    Well...
    Thats a bit like asking one's father to explain the actions of Josef Fritzl.



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  • stuckinretro
    08-05 09:41 AM
    Not just EB3 to EB2 port but EB2 to EB2 as well. Consider you lose your present job and lose your entire GC process. When you find a new job(if any), you would want to port your old PD at your new employer when they file your fresh 140.

    So no one is immune, if you think you are, you are ignorant and do not know how complex a case can become.

    There are very few benefits that CIS provides for people who lose jobs and PD portability is one of them. enlighten yourself!

    The problem was Labor substitution, which was a nightmare for many of us here, and lot of people are still stuck because of it. DOL eliminated substitution 1 year ago and people whose 140's were filed then are still stuck in that backlog because of LC sub cases files on jul'16th. If you want to do anything do something on that end to ease the 140 backlogs.


    No i am not comparing this to labor substitution. Also, i do not think what you said is true for ALL the people trying to port to EB2 by some means.

    I intend to fight this legally and everyone else also has the same option of challenging my stand in court if they think i am wrong.

    I am just here to gauge support (not monetary support) for the lawsuit, and to see if there are some angles which i am missing that may aid me.





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  • texcan
    08-05 02:25 PM
    You can't generalize everything. Do you care to show how this is as bad as labor substitution ?
    How about comparing the actual job duties of all EB2s and EB3s ? Not just what their lawyer says.

    Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).

    Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.

    Friend,

    Your questions are valid and great arguments.
    Do i care to answer them all, no. But since we are talking and not fighting, yes i will take some time to provide my input.
    Thankyou for asking my input nicely, i like to belong to a group of educated and people who wear a head on their shoulders.

    Now a days its in fashion to go to school and call oneself educated, which to me this is as absurd as buying a piano and calling one self musician. This is my version of an old saying (trying a little bit).

    Again thanks for your politeness, and showing brotherhood.

    Here is my input.


    you asked - You can't generalize everything. Do you care to show how this is as bad as labor substitution ?


    My 2 cents:
    It was bad because many people were selling labor certificates. I know people who bought them for 10K, and got in green card line and well ahead in line than me and probably you ( we both are on the group today).

    you said: How about Comparing job duties of all EB2s and EB3s
    My 2 cents: why, what will this give you , other than some unrest and one more fight/arguments.

    you said: Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).

    My 2 cents: Yes i agree. This lawsuit idea is also to stop unjust practice, with good intentions and not all.

    you said: Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.
    My 2 cents:
    you are right there are cases where porting makes sense, but you cant claim the same on all cases. There are cases where this practice is unjust and breaking the line.
    Why do peole always port in favor of date/time to get faster green card. If porting is so justified ( job duties) how come no one ports to a category that is too late than one they are in.


    Most importantly, you cant push people around, just be nice to people. Please.

    I stand with you in this fight, but remember you stand with me too, and we stand together
    to make a point for all.



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  • devikas81
    12-19 01:38 PM
    All Pakistanis are not a Terrorist but all Terrorist are Pakistanis..





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  • aachoo
    03-23 02:14 PM
    The other day someone called me offering to sell some services.

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

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

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

    Did you send Seinfeld a royalty? :D
    -a





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  • DallasBlue
    07-08 09:48 PM
    The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.

    However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.

    I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.

    Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.

    To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.

    Very insightful.

    So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.





    rsdang
    08-11 04:53 PM
    :DH E A D A C H E S

    Joe was moderately successful in his career, but as he got older he was increasingly hampered by incredible headaches. When his personal hygiene and love life started to suffer, he sought medical help.

    After being referred from one specialist to another, he finally came across a doctor who solved the problem.

    "The good news is I can cure your headaches... The bad news is that it will require castration. You have a very rare condition which causes your testicles to press up against the base of your spine. The pressure creates one hell of a headache. The only way to relieve the pressure is to remove the testicles."

    Joe was shocked and depressed. He wondered if he has anything to live for. He couldn't concentrate long enough to answer, but decided he had no choice but to go under the knife.

    When he left the hospital, his mind was clear, but he felt like he was missing an important part of himself. As he walked down the street, he realized that he felt like a different person. He could make a new beginning and live a new life. He walked past a men's clothing store and thought, "That's what I need:
    a new suit." He entered the shop and told the salesman, "I'd like a new suit."

    The salesman eyed him briefly and said, "Let's see... size 44 long." Joe laughed, "That's right, how did you know?" "It's my job." Joe tried on the suit. It fit perfectly.

    As Joe admired himself in the mirror, the salesman asked, "How about a new shirt?" Joe thought for a moment and then said, "Sure..." The salesman eyed Joe and said, "Let's see... 34 sleeve and... 16 and a half neck" Joe was surprised, "That's right, how did you know?" "It's my job."

    Joe tried on the shirt, and it fit perfectly. As Joe adjusted the collar in the mirror, the salesman asked, "How about new shoes?" Joe was on a roll and said, "Sure ..." The salesman eyed Joe's feet and said, "Let's see... 9-1/2...
    E." Joe was astonished, "That's right, how did you know?" "It's my job."

    Joe tried on the shoes and they fit perfectly. Joe walked comfortably around the shop and the salesman asked, "How about a new hat?" Without hesitating, Joe said, "Sure..." The salesman eyed Joe's head and said, "Let's see...
    7-5/8." Joe was incredulous, "That's right, how did you know?" "It's my job."

    The hat fit perfectly. Joe was feeling great, when the salesman asked, "How about some new underwear?" Joe thought for a second and said, "Sure..." The salesman stepped back, eyed Joe's waist and said, "Let's see... size 36."

    Joe laughed, "No, I've worn size 34 since I was 18 years old."

    The salesman shook his head, "You can't wear a size 34. It would press your testicles up against the base of your spine and give you one hell of a headache."





    anadimisra
    02-12 03:20 PM
    There was another thread calling Indians "Cheap".

    "Indian Origin People" is a very broad category of people and only being from the same community does not give you any right to defame the whole community.



    IT HAPPENS ONLY in INDIA(N) ORIGIN PEOPLE



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