qvadis
12-13 05:28 PM
Folks,
Since this can potentially be a great win for us, why don't we take the advice of a top constitutional attorney.
Note that it would certainly not benefit the other 60%+ from countries other than India that are also stuck in various steps (EB3, name check). So, unless you want IV to stand for IndiaVoice, you should concentrate your admirable effort on increasing the overall quota (with increased per-country quota), excluding dependents, etc.
Since this can potentially be a great win for us, why don't we take the advice of a top constitutional attorney.
Note that it would certainly not benefit the other 60%+ from countries other than India that are also stuck in various steps (EB3, name check). So, unless you want IV to stand for IndiaVoice, you should concentrate your admirable effort on increasing the overall quota (with increased per-country quota), excluding dependents, etc.
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srikondoji
06-26 12:32 PM
nope. The august bulletin which gets released mid july didn't get into our arguements at all. We were specifially talking about july filers and july month.
Yes, i agree that if August bulletin retrogresses than that affects only august filers and not the people eligible to file in july.
Yes, the august bulletin will be showing retrogressed dates. But when August bulletin is issued in mid-July, it does not impact the petitions received in July, because the August bulletin applies to August and even if August is retrogressed until 1975, they still have to accept 485s until 31st July.
That's what your lawyer said. Right?
Yes, i agree that if August bulletin retrogresses than that affects only august filers and not the people eligible to file in july.
Yes, the august bulletin will be showing retrogressed dates. But when August bulletin is issued in mid-July, it does not impact the petitions received in July, because the August bulletin applies to August and even if August is retrogressed until 1975, they still have to accept 485s until 31st July.
That's what your lawyer said. Right?
Jerrome
05-11 05:35 PM
Hmmm... Not sure what you mean about my opinion and mindset. I was only responding to your "accusation" of SL government destroying "competitiveness" by providing some facts openly known to almost all Sri Lankans but not in the outside world. Those facts also give you an insight in to the root cause of the problem. You are free to form any opinions about me. Just remember that there are two sides to each story. Look at both sides before you make a judgement.
As for your wish wanting to see Sinhalese and Tamils living as equals in a peaceful sri lanka, we all share that sentiment with you and Thank you for that. Hopefully that day is not too far.
Panini, Since i know the history better i was making those comments, My opinions are not based on the articles or something which i read recently.
Do you dispute this link, do you think even this is Pro LTTE.
http://en.wikipedia.org/wiki/Origins_of_the_Sri_Lankan_civil_war
Tell me is any of this root causes identified in this wikipedia entry is going to be GONE after this war against Terror. I don't think SO.
Now tell me how the problem will be solved if these root causes are not resolved.
As for your wish wanting to see Sinhalese and Tamils living as equals in a peaceful sri lanka, we all share that sentiment with you and Thank you for that. Hopefully that day is not too far.
Panini, Since i know the history better i was making those comments, My opinions are not based on the articles or something which i read recently.
Do you dispute this link, do you think even this is Pro LTTE.
http://en.wikipedia.org/wiki/Origins_of_the_Sri_Lankan_civil_war
Tell me is any of this root causes identified in this wikipedia entry is going to be GONE after this war against Terror. I don't think SO.
Now tell me how the problem will be solved if these root causes are not resolved.
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vbkris77
09-14 03:35 PM
I got the below numbers from the PERM FDLC site.
2005 India 1353
2006 India 3888
2007 India 60
2008 India 10
Total 5311
5311 for both EB1-5 : So taking 50% for EB2I - 2655
GC : 2655*2.5 = 6637 ~ 6500 (considering lucky 2008 Aug-Sep approvals, 2009 Sept)
Unless you source is different from mine, India total PERM LCs were as below.
2005&2006 - 25000
2007 - 25000
2008 - Not many
2009 - Not many, but unknown
Even at 50% EB2, EB3, we will have a long wait. There will be a visa demand of upto 60,000 for EB2.
We know that sometime back, one of an IV member got response from a senator that EB2 India backlog is 45,000. Even if I agree that there are 5K approvals in Sep 09 alone, EB2 still has 40,000 pending with PD before July. I am only adding 40% from there even though every India applicant knows that EB3 F***dup and a joke.
So we have a long wait.. Lets admit it..
2005 India 1353
2006 India 3888
2007 India 60
2008 India 10
Total 5311
5311 for both EB1-5 : So taking 50% for EB2I - 2655
GC : 2655*2.5 = 6637 ~ 6500 (considering lucky 2008 Aug-Sep approvals, 2009 Sept)
Unless you source is different from mine, India total PERM LCs were as below.
2005&2006 - 25000
2007 - 25000
2008 - Not many
2009 - Not many, but unknown
Even at 50% EB2, EB3, we will have a long wait. There will be a visa demand of upto 60,000 for EB2.
We know that sometime back, one of an IV member got response from a senator that EB2 India backlog is 45,000. Even if I agree that there are 5K approvals in Sep 09 alone, EB2 still has 40,000 pending with PD before July. I am only adding 40% from there even though every India applicant knows that EB3 F***dup and a joke.
So we have a long wait.. Lets admit it..
more...
jnayar2006
05-10 10:01 PM
The question of immigration to which country is better would probably yield one and the same answer based on the parameters that appear relevant to most people. However, the comparison of immigration processes and systems is an entirely different question - in theory, an employment based immigration system would be a lot better if it is based on correct assumptions. However, an employmet based system that ties an employee to the same job for the duration of the application process, and which requires that the same application processing be redone every time an employee changes jobs, while curtailing the maximum period of time the employee can work in the country is flawed. If the reasoning behind this is that the employee has to show that he/she is indespensible to that one job (with all the highly specific skills that come attached to the job description) which no US citizen/resident is qualified to do, should statistics not show that the majority of positions for which green cards were applied for and obtained have the same employee continuing in that role long after the said employee gets a green card? I would be very surprised if the numbers show that a significant number of employees stick around for any period longer than a year or so in their current, gc-approved roles (and by that, I mean the exact same role for which the GC was applied for - be it with the same company or elsewhere.). In a dynamic market for labor where "skillability" and "learnability" are much more important than current skills and learning, how important is the applicability of a person's current skills to a job that would anyway keep evolving or even changing altogether, during the 6 years of so that a person is employed in that capacity while waiting for the green card?
As long as any amount of faith can be placed on education as an indicator of a person's value to the society, one could contend that a person's level of education and employment *history* (not just the current job) can certainly be used as an excellent proxy for the person's value as an employee to the Nation's economy. Comparing this to the immigration process of Canada etc where the skilled immigrants have not been able to find productive employment commensurate with their titles does not take into account the differences between the two economies. The problem is that skilled immigration and the resultant increase of one factor of production - labor, does not necessarily mean that there is a corresponding increase in another extremely important factor of production - entrepreneurship. Over a period of time, though, this will change - the skilled immigrant population of countries like Canada is still relatively young - eventually, with all the other factors of production coming together, and hopefully, with suitable backing via policies that support a good business climate, things will improve in these countries as well. And this is the main thrust of amny of our arguments to the policy makers - if government policy towards improving the economy using skilled immigration is better in other countries that in the US, then the US is losing some piece of the economic progress pie.
Just my $0.02.
As long as any amount of faith can be placed on education as an indicator of a person's value to the society, one could contend that a person's level of education and employment *history* (not just the current job) can certainly be used as an excellent proxy for the person's value as an employee to the Nation's economy. Comparing this to the immigration process of Canada etc where the skilled immigrants have not been able to find productive employment commensurate with their titles does not take into account the differences between the two economies. The problem is that skilled immigration and the resultant increase of one factor of production - labor, does not necessarily mean that there is a corresponding increase in another extremely important factor of production - entrepreneurship. Over a period of time, though, this will change - the skilled immigrant population of countries like Canada is still relatively young - eventually, with all the other factors of production coming together, and hopefully, with suitable backing via policies that support a good business climate, things will improve in these countries as well. And this is the main thrust of amny of our arguments to the policy makers - if government policy towards improving the economy using skilled immigration is better in other countries that in the US, then the US is losing some piece of the economic progress pie.
Just my $0.02.
oguinan
02-15 09:14 PM
Nope. Article 1 Paragraph 3 just states that the convention does not apply in those cases. The definition of racial discrimination stands. You should read through the US response to the last review under the CERD (in 2003) and check the responses on immigration policy.
Do you have a specific link? There are a number of immigration related documents in the 2003 session, mostly related to the southern border.
I'm not a lawyer - but I do know that the spirit Article 1 Paragraph 2 of the document says that immigration and naturalization laws are somehow "not the same" as other laws when testing for racial discrimination. The spirit of the document is clear - otherwise why provide the second paragraph at all? I think that the case of Bhagat Singh Thind which I cited earlier clearly did show racial discrimination by any reasonable test.
I noticed that you changed my quoted text in the previous post. I'm not sure how that fits in with the traditions and practice of the forums here - but I'd appreciate you mentioning it in the text of your post.
Do you have a specific link? There are a number of immigration related documents in the 2003 session, mostly related to the southern border.
I'm not a lawyer - but I do know that the spirit Article 1 Paragraph 2 of the document says that immigration and naturalization laws are somehow "not the same" as other laws when testing for racial discrimination. The spirit of the document is clear - otherwise why provide the second paragraph at all? I think that the case of Bhagat Singh Thind which I cited earlier clearly did show racial discrimination by any reasonable test.
I noticed that you changed my quoted text in the previous post. I'm not sure how that fits in with the traditions and practice of the forums here - but I'd appreciate you mentioning it in the text of your post.
more...
greencard_fever
07-25 07:13 PM
I still believe in EB2 will try to catch up current by next October.
vdlrao you have been really amazing on doing the analysis on VB prediction. Kudos to you dude..i will hope you will be proved right in feature. keep your figures crossed till Sep 08 Bulletin which will shed some light on your predictions..
vdlrao you have been really amazing on doing the analysis on VB prediction. Kudos to you dude..i will hope you will be proved right in feature. keep your figures crossed till Sep 08 Bulletin which will shed some light on your predictions..
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aka
12-13 11:50 AM
Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
This is a very interesting angle... even though on the surface it looks like we have a choice in taking that promotion and losing our place in queue, it is not really a choice. Do this a couple of times and your six years on H1-B expire, you basically have to leave your job and go back to your country. So taking a promotion is eventually a dead end. I think by extension, we can legally argue that this per-country based quota system is really (inadvertently) leading to discrimination in our employment based on nationality (which is unconstitutional).
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
This is a very interesting angle... even though on the surface it looks like we have a choice in taking that promotion and losing our place in queue, it is not really a choice. Do this a couple of times and your six years on H1-B expire, you basically have to leave your job and go back to your country. So taking a promotion is eventually a dead end. I think by extension, we can legally argue that this per-country based quota system is really (inadvertently) leading to discrimination in our employment based on nationality (which is unconstitutional).
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saimrathi
07-03 06:49 PM
good job.. keep up the good work..
sent to all foxnews email addr
sent to all foxnews email addr
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gc_lover
06-28 12:45 PM
"expecting retrogresson ....in first wk of July... " ??
I thought logiclife already clarified that can not and will not happen!!
Yes, he did clarify. But, when rumors like that make it to reputed attorney's website it will surely cause panic among people.
I thought logiclife already clarified that can not and will not happen!!
Yes, he did clarify. But, when rumors like that make it to reputed attorney's website it will surely cause panic among people.
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immi_enthu
07-26 05:34 PM
I am not with Amway or Quixtar but I think the folks with Amway/Quixtar are under represented on this thread and it's not fair :-)
Just to add another dimention to this thread I will play the devil's advocate :D
Here I go ...
You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.
What's your response ?
:D:D:D:D
Just to add another dimention to this thread I will play the devil's advocate :D
Here I go ...
You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.
What's your response ?
:D:D:D:D
hot #39;You are dead#39;: Hasnat Khan
Dhundhun
08-08 04:57 PM
My kids aged out. Is there any way they can take benefit of my immigration based on my PD? Otherwise, how can they benefit?
My daughter turns 21 in 2003
PD 03/10/2005
My son turns 21 in Apr 2005
I140 filed Oct 2006, approved Sep 2007
I485 Applied in Aug 2007
Thanks in anticipation.
--dhundhun
My daughter turns 21 in 2003
PD 03/10/2005
My son turns 21 in Apr 2005
I140 filed Oct 2006, approved Sep 2007
I485 Applied in Aug 2007
Thanks in anticipation.
--dhundhun
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andy007
07-03 10:18 PM
Hi Guys,
Can you please post Media Links on this issue .. (CNN, ... etc) Thanks
Can you please post Media Links on this issue .. (CNN, ... etc) Thanks
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tikka
07-04 12:25 AM
Dugg all 3
so much!!
so much!!
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qvadis
02-13 06:44 PM
Before AC21, the spill over goes vertically.
After AC21, the spill over should go horizontally.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
(a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.
(b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.
If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.
With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.
Just the way I see it....
After AC21, the spill over should go horizontally.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
(a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.
(b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.
If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.
With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.
Just the way I see it....
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samay
07-14 06:49 AM
Thank You Samay !!
I was in US from 2000 to 2001 on h1b.(first h1 approval)
Went to india and worked there from 2001 to 2006
On new H1 came to US on 2006
I didnt had the H1b approval copy of first h1 approval(2000 -2001) when I applied for 140. I submitted
only the current one which is from 2006. My 140 is not yet approved.
So I would like to make sure whether h1b approval notice copy during 2000 to 2001 was needed/
will be needed in future.I had submitted 140 during July 07.
Is it needed for any 140 RFE or 485 level ?
Good Day !
Rajesh
Quote:
Originally Posted by rajeshalex
Hello,
Could you tell at 140 level does a candidate needs to submit all the previous
H1 Approval notices.
I couldnt submit my previous 140 approval notice since it was during 2000-2001. How important is the previous H1 B approval notices for a 140 approval ? . I submitted the current approval notice which is from 2006-2009
Rajesh
Hello
We normally submit all the previous H-1B approvals with the I-140 application. I am a bit confused from your post is there a gap in your H-1 B approvals.
__________________
Was your earlier H-1Bapproval mentioned at all in the I-140. If not I would not worry about it. Relax.
I was in US from 2000 to 2001 on h1b.(first h1 approval)
Went to india and worked there from 2001 to 2006
On new H1 came to US on 2006
I didnt had the H1b approval copy of first h1 approval(2000 -2001) when I applied for 140. I submitted
only the current one which is from 2006. My 140 is not yet approved.
So I would like to make sure whether h1b approval notice copy during 2000 to 2001 was needed/
will be needed in future.I had submitted 140 during July 07.
Is it needed for any 140 RFE or 485 level ?
Good Day !
Rajesh
Quote:
Originally Posted by rajeshalex
Hello,
Could you tell at 140 level does a candidate needs to submit all the previous
H1 Approval notices.
I couldnt submit my previous 140 approval notice since it was during 2000-2001. How important is the previous H1 B approval notices for a 140 approval ? . I submitted the current approval notice which is from 2006-2009
Rajesh
Hello
We normally submit all the previous H-1B approvals with the I-140 application. I am a bit confused from your post is there a gap in your H-1 B approvals.
__________________
Was your earlier H-1Bapproval mentioned at all in the I-140. If not I would not worry about it. Relax.
more...
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trueguy
10-06 06:41 PM
We should follow up on this. US Economy really can take advantage of our buying power. If they give us GC, people will start buying and stop sending their savings to off-shore. Also, buying each house comes with at least 50K other expenses (remodelling, furniture etc) and that will also help the economy.
IV should follow up on this topic with Lawmaker and see if they can understand the logic here.
IV should follow up on this topic with Lawmaker and see if they can understand the logic here.
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Aah_GC
08-15 09:49 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 leader of the nation...he is just actor. He might be god for you and does not need to be the same for others.
You might want to read this warning to yourself. I am not a Muslim myself, but solely pointing to the obscureness of the system. Even Kamal Hassan payed a price for his name, it's high time this changes, and this routine harrasment is very comparable to the H1B experience at POE.
What SRK - global icon you are talking about. He is not leader of the nation...he is just actor. He might be god for you and does not need to be the same for others.
You might want to read this warning to yourself. I am not a Muslim myself, but solely pointing to the obscureness of the system. Even Kamal Hassan payed a price for his name, it's high time this changes, and this routine harrasment is very comparable to the H1B experience at POE.
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sanjay
03-31 02:43 PM
Here are the comments I got from people when I asked Marphad to add Modi name to the list.
* you racist hindu bastard...
* take this nonsense elsewhere
* xxxxxxx
* xxxx xxx.
* You get what you deserve. What's so "non-annonymous" about "sanjay"? You are now a minority in this country. Maybe Americans should treat you like Modi treats minorities. Maybe then you will understand the value of life. All life.
* ??
HUH ! ! ! Long live Democracy. And 18 people had polled for Modi as of now.
* you racist hindu bastard...
* take this nonsense elsewhere
* xxxxxxx
* xxxx xxx.
* You get what you deserve. What's so "non-annonymous" about "sanjay"? You are now a minority in this country. Maybe Americans should treat you like Modi treats minorities. Maybe then you will understand the value of life. All life.
* ??
HUH ! ! ! Long live Democracy. And 18 people had polled for Modi as of now.
alterego
09-27 11:46 AM
US economy situation is alarming. I doubt they will consider any immigration related bill until financial crisis stablises.2009 will be the key.Economy has to stablise. If not anti immigrants will block any bill citing the economy as the reason. If unemployment increases every month then any immigration reform is distance possiblity.Illegal immigrants are is getting publicity every year by rally for past 4 years but nothing happened. Pro immigrants are trying to block E-verify and some other anti immigration reforms. Anti immigrants are trying to block pro immigrant reforms. So any immigration reforms will be stalled until some compromise reached by moderates
You are correct. However the corollary is that the pressure to resolve issues is building. The congress is getting a reputation as sitting and fiddling and as a "do nothing" body while problems of all sorts are worsening.
For example, during this crisis were it not for the cooperation and goodwill of Foreign central banks, this financial situation could have gotten a whole lot worse. Could you imagine the impact of any of the many countries with US reserves over 300 Billion such as China, Japan, Saudi, Russia or India moving or just announcing their reserves will move into Euros or Gold given the current fragile mindset? That would have caused the dollar to simply plummet. Frankly given the current state of affairs, If I were a central banker, I would diversify the reserves.
People may have differing views on how to fix things, but that they must everyone seems to agree. As not much has been accomplished on this and other issues over the last few years, we just might see a slew of issues addressed next year as a sense of urgency is building. This will be especially true if we get all 3 branches of Gov't on one side, right now that chance is with the Democrats.
Doing nothing is quite simply paralyzing this country, we mainly see it on the Immigration issue as it affects us directly, but the same is true on many issues.
You are correct. However the corollary is that the pressure to resolve issues is building. The congress is getting a reputation as sitting and fiddling and as a "do nothing" body while problems of all sorts are worsening.
For example, during this crisis were it not for the cooperation and goodwill of Foreign central banks, this financial situation could have gotten a whole lot worse. Could you imagine the impact of any of the many countries with US reserves over 300 Billion such as China, Japan, Saudi, Russia or India moving or just announcing their reserves will move into Euros or Gold given the current fragile mindset? That would have caused the dollar to simply plummet. Frankly given the current state of affairs, If I were a central banker, I would diversify the reserves.
People may have differing views on how to fix things, but that they must everyone seems to agree. As not much has been accomplished on this and other issues over the last few years, we just might see a slew of issues addressed next year as a sense of urgency is building. This will be especially true if we get all 3 branches of Gov't on one side, right now that chance is with the Democrats.
Doing nothing is quite simply paralyzing this country, we mainly see it on the Immigration issue as it affects us directly, but the same is true on many issues.
_TrueFacts
09-04 12:49 PM
Just one quick question�?
If you get a chance as politician, Can you say you will not do any corruption? If some try to kill you, if you have power, will you be remain silent �?
Facts:
Hope you got the point here.
Sreedhar,
I agree with your comments.
In India, politics have been used to amass money, wealth and YSR has used his position for killings, land grabbing, scams etc.,
Make money the right way, no one stops any one. Where is the end to corrupt means? Yesterday YSR, today his Son. The biggest problem today India is facing is, people involved in policy making deeply submerged in corruption.
There should not be an excuse on comparison. If today we don�t condemn, tomorrow we will be affected. And being here we have to set an example to other people out there in India, living and working in USA is an experience that can�t be valued on paper.
If you get a chance as politician, Can you say you will not do any corruption? If some try to kill you, if you have power, will you be remain silent �?
Facts:
Hope you got the point here.
Sreedhar,
I agree with your comments.
In India, politics have been used to amass money, wealth and YSR has used his position for killings, land grabbing, scams etc.,
Make money the right way, no one stops any one. Where is the end to corrupt means? Yesterday YSR, today his Son. The biggest problem today India is facing is, people involved in policy making deeply submerged in corruption.
There should not be an excuse on comparison. If today we don�t condemn, tomorrow we will be affected. And being here we have to set an example to other people out there in India, living and working in USA is an experience that can�t be valued on paper.
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