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gimmeacard08-02 01:07 PMso i got tricked this time, in checkout lane met some guy with his kid, started chatting casual nuthing on those bombay guy or other stuff which amway uses, finally he stated that he knows of some folks that have their business here in fremont,ca he is planning to see how they operate, i assumed business means some store related or so, since he didnt seem like an IT guy .

next day get a call, i ask him if its quickster, n he says u heard of it...why wife started laughing @ me, saying u got tricked this time, normally i wud recognise these guys in 1look

intresting 2 anway guys on the forum are always providing negative to my posts taking me to RED, to those giuys you suck, and will always suck! keep roaming in Walmart/Great Malls when u can use hte time to spend it with your family.



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chanduv2306-27 11:34 PMThis thread is enough to keep the BP at higher levels to the already stressed out folks.

A lot of people who do not follow immigration stuff have the following perception

(1) All dates moved - we will all get green cards
(2) People started applying PERM now - thinking they can make it by September
(3) They think US wants to keep its valuble people and thats why they opened up the gates
(4) Some think Indian govt putting pressure on US govt to issue GCs to Indians or else threaten to severe trade ties
(5) Some thing There is a link between CIR and this. Before CIR is forced implemented they want to clear their existing backlogs so that they get ready to deal with Y and Z stuff
(6) Some think this decision was taken to clear backlogs so that every new applicant will come under the new points system proposed in CIR

So many theories, interpretations, perceptions ..... Everything seems to be a perception here



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somegchuh10-18 06:42 PMYou have hit the nail right on the head. They issued 225000 H1b's between the years and 2000 and 2002 but the GC quota remained the same. Also, there is no quota for H1 (large # goes to India/Chine) but there is a quota for GC.

The idea is they want to control it so that only a third of the ppl who come on H1 end up getting a GC. They make the GC process hard one way or the other. Either you get stuck in the labor queue or in the retrogression queue. The average time to get has always been 4 years. Some ppl get lucky and get it in less than 3 and some get unluck and spend over 5 years trying to get it!

Ultimately the question for everyone is how long are you willing to put your life on hold? If you wait long enough you will get it. They seldom reject cases (unless it was a fraudulent case).



Having said that lot of us are thinking about leaving because US is making harder and harder for people like us to stay here and lot of us don�t want to put our lives on hold for years and years hoping that may be one day I�ll hit the jackpot called green card. On the other hand, lot of us don�t mind waiting and have been waiting for long time. It�s a matter of preference. Remember you are supposed to be a guest here. Do your work and get the hell out of here. Only 140000 guests are allowed to stay back and rest have to pack their bags. I mean that�s the real intent behind this quota system.

To make long story short, for lot of people US is not the option available on the table so quit comparing US against others. Just think about where you might end up if you didn�t move to Canada and compare that country against Canada.



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gc_chahiye06-27 10:42 PMAre you sure about 80000 PERM?

I recall seeing somewhere that for the entire 2006, there were about 6000 PERMs.

nope, that might have been the number for 2005. For the bulk of 2005 (Perm started from April) there were very few approvals, then a big bunch in the last 2 months. 2006 had a 'healthy' rate of approvals...

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satyasaich12-13 02:10 PMWell, interesting topic and here are my 2 cents.

i just googled for a minute, for the definition of "Equal Employment Opportunity" by Federal Government and the result is as below
Equal Employment Opportunity (EEO) :A term used by the federal government to refer to employment practices that ensure nondiscrimination on the basis of race, sex, religion, color, national origin, physical or mental ability, medical condition, ancestry, or age.
The principle behind EEO is that everyone should have the same access to opportunities

AND Ethnic References are American Indians, Asians (Pakistani/East Indian: Persons having origins in any of the original
peoples of the Indian sub-continent), Black, Hispanic, Caucasian

The above definition itself speaks very loudly about access to opportunities, which if restricted due to another federal law or provision, then it is clearly a conflict within Constitution.


Consider a person with some skill set and born in Bangladesh or Pakistan working for Employer A
&
another person with exact skill set born in India working for same employer in the same capacity.
Assume that both have started the GC Process on the same day, but person from India is still waiting even after 5 or 7 years.
Where as the other person got the GC and no restrictions to accept a promotion and an increase in salary,based on the same skill set and experience.
Isn't that scenario defers the principle behind EEO which is everyone should have the same access to opportunities
and hence voilation of law?

There are thousands of glaring examples like these, and i'm wondering how this can not be considered as a good ground for challenging
(I do undersand the cost aspects of challenging and legal fees etc; and the hefty amount of funds needed)

by the way, i tried to find a federal government rationale for per country limit in current system (only from the EB Category perspective), but couldn't get a good answer

Satya
India / EB3/Nov2003/
--Any country's immigration policy has to have some control measures built into it. I cannot imagine any country opening its gates wide open for the entire world to migrate into her without any limitations. So the question is, whom to "restrict" and whom to allow? This leads to the same argument, do you see this "restriction" as discrimination? There are others who see as fair "reservation" for them.


there is no "reservation", the nature of the clause is a cap, it does not give another country a minimum quota, it is written as a restrictive provision. and again- just because it benefits someone else does not make discrimination "right", in the strictest sense. right and wrong when it comes to discrimination are not relative. and if you believe they are, it's mighty slippery slope my friend because it does not take time to find yourself on the other side.

--Good question. If we look at what qualifies a country to be included in the lottery program (oversubscription etc?), it would again lead to the "balancing" intent with regards to immigration.


so why the double dipping? if the balancing is done, why the country quota? the result is that as i said more bangladeshis come in than indians...so what does over subscription mean in the end? again...why the need for the diversity lottery? the country quota already balances things....or not?

"either it's wrong or right. the caste system is wrong, from every side of the fence. it may benefit some and hurt others. but it's wrong, wrong and wrong.
same for this country quota. sure it helps some, and looks good from "their side of the fence". that does not change the fact that it is wrong."

--You are opining that it is wrong. You cannot state that it is a fact


you sound suspiciously supportive of the caste system. i will say it again. such a system is wrong. i do not care which side of the fence you are on. was depriving blacks from voting wrong? or was it ok from the white side of the fence? please think before you post.
there is a difference between "something benefiting me so i justify it and fight to keep it" and being right or fair. everyone fights to keep what they have. sorry, still not right. and if you still feel the caste system can be justified as right from your (or any) side of the fence then let's stop here, we have no common ground. and i speak as someone with sufficiently "high caste" to have not suffered from it (so you know my side of the fence).

one last thing, i find it hard to believe you are terming as "right" the idea that I as an individual should be held back 10 years longer than my colleague because of where i was born. any way i look at it...sorry...just not right.



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snathan05-01 04:10 PMWhen did Srilankan Tamilians become Indian citizens??? also India should make sure that terrorists organisation like LTTE is wiped out from the face of earth weather its in Srilanka, Afganistan or Pakistan... gone are the days when these thugs where called 'freedom fighters' .. they are a terrorist organisation and should be treated in that manner.

Tomorrow if we or our generations are getting killed in the US, would you say the same thing. Now do you understand why the country needs to care about its people no matter where they are.

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kshitijnt03-29 06:06 PMI just look at this pool and surprised that Advani is running so hot in the pool. I am from Gujarat and I can tell that advani will be worst as PM. when given a Chance in BJP ministry he had worst performance as Home minister. I think he had not managed anything in his life and after his rise in BJP, BJP lost his charm.

I think some one with good management skill like MMohan, MODI, Chidambaram etc are lot more sutiabel than Advani.

Advani should retire from politics before even Bajpai. Even lalu will be better as PM than Advani looking to how advani managed Home Ministry and how Lalu Managed Railway.

Thank you for your personal opinion. India was doing well when Vajpayee was PM. He is not some management honcho. It is a vision of the person that is more important. Manmohan is a learned man and has provided country with real good service but real power rests with Sonia and her son Rahul.

Hence. Its a question of ideology in the long run and given my background, BJP govt suits me better than Congress. So I prefer Advani over Sonia.



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kurtz_wolfgang08-17 10:08 AMsimply racial profiling.

i dont think SRK is over reacting.. many desis who are accepting that its a way of life suffer from "Slave Mentality".

When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?

To all the jocks who argue "its part of life"..my advise grow some balls and realize one thing.. no matter how long u live here.. no matter whether u have GC or PC...u will always be treated like third class citizens.

In the end its the color.. do you know beta.

for the record.i am no SRK fan.

Mamooty.. who is he?

Read this before you pass comments. Even Al Gore (VP) and Ted Kennedy have been detained on US Airports. Who the hell is SRK? and just because he is an actor and looks all goody goody, you have all the sympathy. Would you have it for Mulayam/Lalu, if they had gone through the same ordeal?? No, then you would have laughed and said they ought to be. Would you be protesting the same way if Musharraf was being frisked? you wouldn't.

So in the end you are one biased person. You cannot take a justful decision, your decision is based on who is it for. :rolleyes:

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pitha03-14 09:32 AMYou can actually do it on your own. Dont mistake canadian GC process with the american green card process, Canadian process is well defined and simple.

I applied on my own. You can use this website, it is the candian government website. http://www.cic.gc.ca/english/index.html



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Legal07-21 08:13 PMThe unused Employment Based visas will be added to the following year's Family Based visas.

CAN ANY ONE BELIEVE THEY GAVE 10,326 "UNUSED" EB NUMBERS TO FAMILY BASED IN THE YEAR 2006?? AMAZING.

http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf

Another concern I have on your estimation is it looks like unlimited categories (immediate relatives) eat into the overall numbers. But it looks like FB is guaranteed minimum of 226,000 each year.

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tikka07-04 12:25 AMDugg all 3

so much!!



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snathan01-21 06:27 PMI got the below email from multiple friends. I don't know what is the source, who wrote this analysis because there is no links. I did NOT mean to spread the fear. Just sharing the contents unaltered.

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

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


Why?

Because of 2 recent events:

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


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

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


Employer-Employee Relationship:

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



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




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



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



Right to Control:

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




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

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



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



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



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



What one could predict as happening sooner (trend)?

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


Good Luck my Friends....!!

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

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PavanV09-23 03:03 PMI believe the proposal has to be amended, it says "20%" of the loan amount , here in CA, the houses are around 500k, 20% of which turns out to be 100k, i dont have that kind of money, looks like everybody out there seems to have ton loads of money !! (damn desis !)
How about saying " buying a house" with good credit.



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Openarms08-17 03:01 PMCommon man is common man everywhere. Star worship is something that exists everywhere. be it sportsmen or movie stars - these people win hearts of people and thats what matters which is most important.

Now you are blaming people for worshipping him. Thats how things are.

Do you know how crazy soccer fans are in some countries?

Thats how things are my friend.

Like you said star worship is every where but how about slums in Bombay, Delhi, Hyderabad??? they are not every where???? how about un educated farmers that they do not know beyond their farms and villages... Common man be realistic with human touch....

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longq02-13 06:17 PMAs a business person; I don't agree with country limits. I understand why they are there but I don't think they should be.

Continuous recapture of unused visas is a good goal. It makes sense and isn't a controversial topic.

Regarding: Goals - very few people look out for the greater good of everyone. I myself think if I was looking out for the greater good of everyone; I wouldn't focus on EB relief but rather other areas of immigration (greencard holder spouse issue; dream act, undocumented, etc.). Don't jump on me for saying this but I had written in another posting that of all the people who are disadvantaged with immigration; it would appear that eb candidates are the least disadvantaged of all.

In my view, EB are more disadvantaged in current situation. For a young person with PD 2006 (EB3-India) having approved 140, cannot imagine to file a 485 before he retires. Is it practically possible for him/her to maintain employer-employee relationship till him/her able to file 485? Is it make any sense, condition of LC/140 will hold well after 20 years, when a visa number available to him/her?

In family based system, even after 20 years brother-sister or parent-child relationship will be maintained. No need for them to worry about 130 withdrawal of sponsor. In most family based immigration, chain migrants are coming to USA not for family-reunification; they are coming for work/job. There is no labor certification for them.



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John33307-26 05:20 AMDear Attorney,
I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.

Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.

I am aware of the aware of possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved
H1B.
But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.

Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.

Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.

Thank you very much in advance.

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user120502-14 11:28 AMI love that idea but too late now :)

ahh, let us take this one step further, and start a "send candy hearts to USCIS" campaign :)



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deepakjain01-22 04:26 PMThen please pack your bags and leave the country in the next flight..

Good Answer, it is easier said then done. Anyone who has been working here without any issues at work place why should he/she leave because of delay in getting GC. Yes we definitely have an uncertain future but that should not stop people like us for staying here, buying house, cars and living a decent life here in US.

Getting a GC is part of my employment process for staying here for a longer duration without any visa hassles, this should not stop atleast any Indian to live life to the fullest here in US.



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chanduv2309-04 10:09 AMCorruption, particularly in India, is like a software, which only gets better with every release. YSR took the corruption to a level unknown till now, I bet he'd put lalloo to shame. What development are you talking about. Don't you hear increase in inflation, or farmers suicide or land grabbing. If you haven't visited Hyderabad recently, you better do it soon, else by the time you visit next time you won't see hussain saagar, but a few multiplxes or luxury homes instead. I'm sure in the next release (read CB Naidu becoming CM), he might take it to a whole new level.

THE DOMINATING EVIL OF BLACK MONEY.
In the case of India, recent estimates of INDIAN (BLACK) MONEY outside India (in Countries like SWITZERLAND, )reached Rs.7.5 Million Crores (About US$1,500 Billion). Laying hands on this (Black) money is not in the power of the Indian Government.
Black Money circulating inside India appears to be no lesser in quantity than the outside component mentioned above.
Black money and corruption that can spread into the hitherto respected institutions like Judiciary, the Army, and the Bureaucracy in India may, one day, by moral degradation lead to a failed state. Black Money lends free access to the Criminal, Antinational, and Antisocial elements going beyond the control of the laws in place.
To-day�s civilized world has accepted the phenomenon of hiding money in Swiss Banks as �NOT ILLEGAL� obviously because the CREAM OF SOCIETY in the world owns that money. ��..
Government of India is not able to help honest, sincere tax payers particularly middle class families in the matter of providing quality Education, Healthcare for their families at reasonable cost. Education and Medical have become Biggest Money spinning businesses in India now. One has to shell out Rs. 30 to 50 Lakhs for a MBBS seat and about Rs. 5 to Rs.10 Lakhs for an Engineering seat in good colleges. How can middle class people can pay this money?. They are deprived of good education though, they pay taxes honestly and sincerely to government. It is really unfortunate. For people who have block money, these things do not matter
If you have to do business in India, IN ADDITION TO ALL THE OFFICIAL TAXES MENTIONED, LOT OF BRIBES ARE TO BE GIVEN ALMOST TO EVERY DEPARTMENT IN CITY (CORPORATION), STATE (PROVINCE), AND ALSO CENTRAL GOVERNMENTS. Some examples are: Police, Municipal officials, Electricity depat.officials, weights& measures inspector, Rowdies & Goondas, Political contributions, Subscriptions/Donations to RELIGIOUS GURUS ETC.
ALL MOST ALL THE CORRUPT OFFICIALS ARE CALLLED "PARTNERS IN BUSINESS WITHOUT CAPITAL AND COMMITMENT BUT FORCEBLY TAKE A PART OF PROFITS OF BUSINESS".
"CORRUPTION IS A WAY OF LIFE IN BUSINESS"
If you have to run a big company, you have to bribe many more officials. For some type of officials, WHO DO NOT TAKE CASH AS BRIBE, "GIFTS" ARE BEING GIVEN (GOLD, DRY FRUITS, VEHICLE DROPS, GUEST HOUSES ETC.) ON VARIOUS OCCATIONS, FESTIVALS ETC. ANY THING CAN BE DONE EVEN IN TIRUMALA TEMPLE, EDUCAIONAL INSTITUTIONS, MEDICAL PROFESSION WHICH ARE CONSIDERED TO BE HOLY PROFESSIONS.
THE AMOUNT TO BE GIVEN AS "BRIBE" IN BURIAL YARD(S) IN INDIA, WHEN A PERSON DIE, FOR BURNING THE BODY, FOR GETTING DEATH CERTIFICATE, (THESE ARE IN ADDITION TO OFFICIAL FEES PAID TO MUNICIPALIIES FOR BURNING THE BODY FOR FIRE WOOD ETC.). The amount to be spend after death in India now comes to Lakhs of Rupees for doing all types of cermonies, merging ashes in Ganga at Varanasi and other holy places, giving gifts/charities to pandits, giving advertisements in newspapers, arranging feasts BHOJANALU to thousands of people (so called relatives), friends. This is in addition to LARGE SUMS OF MONEY PAID TO DOCTORS FOR SO CALLED CURING OF SICKNESS.
In many cases, many middle class people becomes BEGGERS/PAUPERS after getting into hospitals, nursing homes etc. just before dyeing.



smuggymba07-26 02:52 PMThis is a funny thread. My first exp with an Amway stalker was bad but after that I learned to say NO and it's funny when I ask ppl - Why do you need my fone number? Are u from Amway.........just look at their faces then..it's sooo funny.



Pegasus50302-13 10:51 AMI am curious,

while searching the forum I found this thread tucked away under



Immigration Voice > Immigration Voice Issues and Congressional updates > Sept 18th Rally: Car-pooling, Group Reservations for Air travel, hotel etc. > March VB is out!!!!!!!!!!



it just seemed to be a strange folder structure for newbies to find....


I'm not being critical, just confused