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  • dummgelauft
    08-21 08:31 PM
    Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
    And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
    They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
    No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
    1) Nobody is accusing of you being illegal. YOU ARE ILLEGAL
    2) You have come to a public forum, seeking advice. That is exactly what you are getting. Go hire an attorney, but given your case (considerig that you have one!!) nobody will touch it.
    (3) Everybody here has had their bio-metrics cleared, several time over. None of the people on this forum are criminals, but they have paid thousands of dollars in legal fees and still have not got their I-485 approved, so what do expect?
    (4) USCIS has massive case backlog, so if you expected them to inform you of everything, at every step of the way, I am sorry, but please come out of your La La land.
    (5) USICS knows where you live..hahah..you bet. Just wait for that know on the door. By the way, they WILL handcuff you and put you in the back of a police car.
    (6) Bottomline, USICS follows the law (however bad or insane that law may be). According to law, you are here illegally and will be deported, sooner rather than later. If you are up for this, keep dreaming, else, get your stuff together and get your derierre back to Canada.





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  • ash123
    02-12 03:41 PM
    FYI .. This post is what I received in e-mail few days back.

    I would like to bring to the notice of your readers, editorial committee and leaders of
    the Indian community of a systematic way that (legally) the US Government is practicing
    legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.

    While it is agreeable that the current economic downturn is the worst one has seen.
    It is time to band together with what resources we have and make it thru this perfect
    storm. However, the machinations of a few politicians and the further connivance of the
    USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
    foreign professionals'.

    Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
    such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
    Yogi Chugh etc should do something about this with their contacts at the highest levels.

    How is this happening and why is it ethnic cleansing?

    Since 1990's every year several thousands of Indian professionals come to the US. Because of
    delay in processing of their Green Cards a vast majority of them are on H-1B.

    With the current downturn, Sen. Grassley et all have raised such a stink that companies are
    forced to lay off H-1b holders first before they lay off any other US employees. While the US
    employers may not always do this. They are being shamed into revealing how they laid off
    US Citizens before laying off others. Net Net....Indian professionals are being laid off from
    large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).

    Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
    do not find another job. Now, many are forced to leave the US as they cannot sustain living
    in the US. However, some enterprising few are finding lower paying jobs or are finding so called
    'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
    economy improves and they can find suitable jobs. Here is when the systematic targetting and
    ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
    question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.

    These RFEs are raised in such a way that it is impossible to answer them. They are thus
    not only targetting the H-1b candidates, they are systematically undermining the people
    (companies) who want to help out H-1b candidates out of their predicament of being stranded.

    Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
    Green Card. You are close to getting the green card but because of backlog you only get
    what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
    Then your employer fires you....

    There are two paths here.....Technically, with a EAD card you can get employment anywhere
    with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
    that a person with EAD should have another job with the exact same profile and same salary.
    In this market who is going to give you a job with this exact profile as your old job. The only
    way for a person to stay on 'legally' is to file a backup H-1b.

    Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
    software professional.

    Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
    provided by the 'body shopping company' and issue a denial of H-1b extension.

    The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
    person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
    ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
    US. The same professionals who came to US to contribute to its success will now be kicked
    out of US against their wish. The companies who are willing to help them will also be harassed
    in the bargain, some of those companies will be investigated for non-payment of wages, some
    of them will be subjected to USCIS audits for trying to help these helpless people whose lives
    are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
    These are very tough times and there is no reason to pick on the helpless, unrepresented people.

    This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
    in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
    This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
    of making it the American dream and participating/contributing to its success.

    What should the USCIS do?

    Given the tough times...They should allow people to stay on in the US as long as another
    employer is willing to keep them in status. They should not question the H-1b applications as
    everyone knows that USCIS can find issues with every single H-1b extension filed right now
    with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
    tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
    H-1b applications rejected by the USCIS with the silliest of excuse.

    What is in it for the USCIS not to do this ethnic cleansing?

    Long term vision for America not just right now. This year the US Embassies in India issued over
    98,000 visas to students from India. These are students who are paying their way thru education
    in the US (a country with the most expensive but best education). If it turns out that US specifically
    targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
    to the US within the next 2 or 3 years.

    Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
    this downturn. The economy will surely improve in the next few quarters. There will then be new
    sectors of the economy that will boom that will need professionals. There will be enough work by then
    for these H-1b professionals as well as US residents.

    Confident and free people contribute positively:
    If the word spreads that even in bad times this society did not turn on them then the US people
    will be appreciated. But, if the message is, when you are down they will kick you where it
    hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
    and Asian origin who would end up buying a house if they knew for sure that they could continue
    to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
    not splurge. Just this measure of confidence will ensure that they will spend money in the US
    economy. Just their contributions will ensure that there is a bump in the housing sector.

    Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
    is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
    getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
    driven out of the country which they have loyally served for varying periods of time.....

    God Bless America....God Save America from 'some' of its own people.

    Thanks.





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  • amsgc
    02-04 02:12 AM
    See response below.

    Folks,

    I am not a naysayer, I think the IV core team has done a great job of giving a voice to us.

    But, there are a few questions that I am not convinced myself:

    1. why remove per country quota just for EB, why not family based immigration as well?

    => Unlike family based immigration, Employment based immigration is based on the expressed need of US businesses for skilled labor. The position filled by EB based immigrants are first advertised in the local market, and if a US Citizen or LPR is not found with the requisite skills, only then is that job offered to a foreigner with the requisite skills. This means that the foreigner is needed by the US business to perform services on a permanent basis. In essence, the US gets a well trained and experienced foreign worker who is able to contribute to the economy on the day he gets his Green Card. It is very important to note that this job offer is made solely on the skills, education and experience of the foreigner, and the need expressed by a business. Also note that these individuals constitute only 14% of total immigration.

    On the other hand, there is absolutely no information on how an individual who comes in through family based immigration will be able to find a job, and start contributing to the economy. I am not saying that these individuals are incompetent, only that there is no data on how they will fit in. If you look around you, you will find that most people who enter the US through family based immigration lack language skills, are much older, and find it difficult to start over and assimilate in a new country. Many end up doing odd jobs which can be really frustrating for them. Since there is really no business need for these individuals in this country, and because they are whopping 86% of all immigration, a cap on family based immigration does make sense.

    You also need to understand the other important difference – most EB folks have already assimilated into this culture – they have been here for several years, worked a couple of jobs and in many cases attended US graduate schools.



    2. what will happen after removing per country limits, what kind of numbers are we looking at? how many new PRs? What is the impact on the country,economic, social, cultural, I do care about the USA.

    => The result of removing per country limits will be that every individual will be given an equal opportunity to immigrate to the US based on their skills, education, and the specific need expressed by a US business. It will be a system where everybody gets in one line - first in, first out. Some will say that the current system is fair because every "country" gets a fair chance. But that is just and attempt to mislead. The "country" does not file a petition to immigrate; it is a skilled individual who files a petition to immigrate based on his skills, education and his requirement in the US.

    Regarding numbers - I will give you a simple example. My GC process was started 3 years ago. My co-worker, who is from a non-retrogressed country, started his application last year. We both applied in the same category, and work in similar positions. We also have similar skills - US MS in CS. Because of the country caps, my application is still pending, whereas he already got his GC. If the country caps were removed, my wait time would have reduced by a year, his wait time would have increased by a year - we both would get the GC after waiting approximately the same amount of time. It would have been a first in, first out system. But it is not so, and it needs to be fixed.

    Like you, we all care about the USA. I assure you that it will have only a positive social and cultural impact on the US. Why? Because removal of country caps would lead to a system that is based solely on merit and hard work. Isn't that what this country is about?

    Regarding diversity – the individuals from retrogressed countries are already here, assimilating into the American fabric. Whether you give them the GC now or ten years from now, they will still be here - it will not change the ethnic character of this country.

    3. By asking legislators to remove these per country quota limits, isn't this a paradigm shift in thinking?

    => This is not a paradigm shift. If you open your eyes and ears you will find hundreds of organizations set up across the US to educate and influence lawmakers about policies that should be put in place to better serve this country.

    When I, a guy impacted by this EB backlog am not convinced, how the heck are we going to make a case to some congressman/woman?

    => Once you begin to feel the pain, you will understand. Perhaps you are new to the system, and are hoping that it will get better. It will not be long before you will suddenly find that a good number of years have gone by just waiting.

    We should definitely move away from this snobbish view that EB folks are better than others, or that the USA needs the EB folks more than EB folks need the USA.

    => I am not sure where you get that EB folks are snobbish. It is not our issue - so whatever FB folks decide, it is up to them. Also, nobody said USA needs more EB folks, US businesses need the EB folks for whom a petition to immigrate has been filed and approved. Get the difference?


    That said, I do believe that we have a humanitarian case for folks like us who are already in the queue. Educating congress about the path taken by the average EB immigrant would help.
    => You just contradicted yourself. A few sentences ago you seemed to imply that you really did not understand what could be gained by removing the country caps.


    At the end of the day human life is human life even it is it Indian.
    => Really don't know what you are trying to say here. Anyway, if you feel the need to respond to this message, please do so after updating your profile.





    2011 an old phone booth into an phone booth. Phone Booth Photograph
  • Phone Booth Photograph



  • amsgc
    02-04 02:12 AM
    See response below.

    Folks,

    I am not a naysayer, I think the IV core team has done a great job of giving a voice to us.

    But, there are a few questions that I am not convinced myself:

    1. why remove per country quota just for EB, why not family based immigration as well?

    => Unlike family based immigration, Employment based immigration is based on the expressed need of US businesses for skilled labor. The position filled by EB based immigrants are first advertised in the local market, and if a US Citizen or LPR is not found with the requisite skills, only then is that job offered to a foreigner with the requisite skills. This means that the foreigner is needed by the US business to perform services on a permanent basis. In essence, the US gets a well trained and experienced foreign worker who is able to contribute to the economy on the day he gets his Green Card. It is very important to note that this job offer is made solely on the skills, education and experience of the foreigner, and the need expressed by a business. Also note that these individuals constitute only 14% of total immigration.

    On the other hand, there is absolutely no information on how an individual who comes in through family based immigration will be able to find a job, and start contributing to the economy. I am not saying that these individuals are incompetent, only that there is no data on how they will fit in. If you look around you, you will find that most people who enter the US through family based immigration lack language skills, are much older, and find it difficult to start over and assimilate in a new country. Many end up doing odd jobs which can be really frustrating for them. Since there is really no business need for these individuals in this country, and because they are whopping 86% of all immigration, a cap on family based immigration does make sense.

    You also need to understand the other important difference – most EB folks have already assimilated into this culture – they have been here for several years, worked a couple of jobs and in many cases attended US graduate schools.



    2. what will happen after removing per country limits, what kind of numbers are we looking at? how many new PRs? What is the impact on the country,economic, social, cultural, I do care about the USA.

    => The result of removing per country limits will be that every individual will be given an equal opportunity to immigrate to the US based on their skills, education, and the specific need expressed by a US business. It will be a system where everybody gets in one line - first in, first out. Some will say that the current system is fair because every "country" gets a fair chance. But that is just and attempt to mislead. The "country" does not file a petition to immigrate; it is a skilled individual who files a petition to immigrate based on his skills, education and his requirement in the US.

    Regarding numbers - I will give you a simple example. My GC process was started 3 years ago. My co-worker, who is from a non-retrogressed country, started his application last year. We both applied in the same category, and work in similar positions. We also have similar skills - US MS in CS. Because of the country caps, my application is still pending, whereas he already got his GC. If the country caps were removed, my wait time would have reduced by a year, his wait time would have increased by a year - we both would get the GC after waiting approximately the same amount of time. It would have been a first in, first out system. But it is not so, and it needs to be fixed.

    Like you, we all care about the USA. I assure you that it will have only a positive social and cultural impact on the US. Why? Because removal of country caps would lead to a system that is based solely on merit and hard work. Isn't that what this country is about?

    Regarding diversity – the individuals from retrogressed countries are already here, assimilating into the American fabric. Whether you give them the GC now or ten years from now, they will still be here - it will not change the ethnic character of this country.

    3. By asking legislators to remove these per country quota limits, isn't this a paradigm shift in thinking?

    => This is not a paradigm shift. If you open your eyes and ears you will find hundreds of organizations set up across the US to educate and influence lawmakers about policies that should be put in place to better serve this country.

    When I, a guy impacted by this EB backlog am not convinced, how the heck are we going to make a case to some congressman/woman?

    => Once you begin to feel the pain, you will understand. Perhaps you are new to the system, and are hoping that it will get better. It will not be long before you will suddenly find that a good number of years have gone by just waiting.

    We should definitely move away from this snobbish view that EB folks are better than others, or that the USA needs the EB folks more than EB folks need the USA.

    => I am not sure where you get that EB folks are snobbish. It is not our issue - so whatever FB folks decide, it is up to them. Also, nobody said USA needs more EB folks, US businesses need the EB folks for whom a petition to immigrate has been filed and approved. Get the difference?


    That said, I do believe that we have a humanitarian case for folks like us who are already in the queue. Educating congress about the path taken by the average EB immigrant would help.
    => You just contradicted yourself. A few sentences ago you seemed to imply that you really did not understand what could be gained by removing the country caps.


    At the end of the day human life is human life even it is it Indian.
    => Really don't know what you are trying to say here. Anyway, if you feel the need to respond to this message, please do so after updating your profile.



    more...


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  • ksadara1
    06-11 01:56 PM
    Hi Guyz,

    I just joined the group today and looks like the group is quite active in making the issues reach the concerned people. Let me know if I can do anything from my side to keep the ball rolling.

    Kumar

    email: sadaramkr@gmail.com
    Residence: Newport/Pavonia.
    EB2 and just filed for my I-140.





    phone booth. Phone Booth 01
  • Phone Booth 01



  • acecupid
    08-13 04:12 PM
    D. VISA AVAILABILITY FOR OCTOBER

    The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.

    Does this mean entire EB3 category will be retrogressed in Oct or Mexico has a separate category?



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  • tabletpc
    12-20 04:24 PM
    Prioritydate,
    I din;t mean to be so funny as you have realzied from my response.

    My comment was just on the other post.

    Having said that let me also say that....everyone one is tensed in some way or the other just realted with immigration. That does not mean we should stop laughing. of course i don't mean to say this at others cost here..!!!!

    As of your situation....based on what i know....you might be issued RFE..jsut be prepared for a right reason..if you have any.





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  • ak_2006
    04-08 09:35 AM
    Please Participate in this...



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  • singhsa3
    03-03 04:22 PM
    That is option # 2
    How about another option for people who are going to buy shortly even though their GC approval is far far away?





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  • Mark is a China Phone Booth.



  • vkraman7
    03-17 11:07 AM
    Category: EB3 India
    PD: Sep 2002
    Filed 485 on 07/27/2007



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  • alisa
    01-25 09:38 PM
    I had trouble sifting through all that data and figuring out what that was all about.
    Could you give the specific report that you used for these numbers. And, if possible, any hints on how you arrived at the data below. I would appreciate that.

    Thanks....
    Can you re-estimate the new dates. Using this data

    ******* EB Pref*******EB3
    FY**|*Total*|INDIA | *Total* |India
    2000|107,024| 15888| 049,736| 05567
    2001|179,195| 41720| 086,058| 16405
    2002|174,968| 41919| 088,555| 17428
    2003|082,137| 20818| 046,613| 10680
    2004|155,330| 39496| 085,969| 19962
    2005|246,877| 47160| 129,070| 23399
    2006|?????????TBP in the near future ???????


    THis are the number of visas issued for each fiscal year since FY 2000 for the EB preference.
    They are under this link:DOS Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html)

    andy





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  • sbabunle
    01-09 05:04 PM
    This thread's been silent..whats going on fellas.... Are you guys finding out new forums, new websites to post....... We have to meet our 10K membership......



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  • h1techSlave
    03-18 09:42 PM
    USCIS director took the course and he failed. Then he went to Moscow and bought a fake BPD&R degree for $175. No wonder we are in such a mess.

    On a lighter note .

    The USCIS has a 4 year full time course for understanding PD's and restrogression . It is called BPD&R ( Bachelor of Priority Dates and Retrogression ) . This degree is recognised only by the in the US and H1b's are also granted based on this course .There is no education evaluation needed.



    You could also do an MBPD&R and leads to Phd also . You could then join the USCIS and set PD's for the countries .





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  • mbawa2574
    02-16 12:28 PM
    I have contributed $200 to IV, during (or a bit after) the July-August gold rush. I just don't feel like showing it off to everyone. And you calling me a loser (and not looser you moron), a planted and a racist punk is really funny, since *I* am the minority here. Without your own knowledge, you are a better supporter of status quo than I am as you show your true side to everyone here.

    Yes you have in your posts supported what IV stands against. You have appreciated policies of US government not letting Indians and Chinese here.So I am not sure what you stand for. IV has opposing country caps on agenda from last three years and suddenly you are telling folks that there are too many Indians and Chinese here and you support caps and less Indians and Chinese here. Yes you are minority and you can say your voice but cannot be racist and cannot offend the majority.



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  • sledge_hammer
    07-14 09:05 AM
    I have a question for the core team. There are way too many people on this forum offering their 2 cents, so why are you guys still asking for more contributions? Going by the rate at which people give away their 2 cents, the IV treasury must be full! :D





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  • bheemi
    07-24 09:43 AM
    IV core team:
    Can you please respond to the possiblity of questions raised by rpatel.

    thanks



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  • at a London phone booth



  • NKR
    03-16 09:25 PM
    i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????

    It's like asking Martin Luther King a few decades ago "Slavery has been there for centuries, why do you need equality now?". Your tone is exactly like that. It's just an analogy, we have definitely not suffered as much, but I am just trying to tell you that a wrong should not be prolonged, it needs to be corrected.





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  • snathan
    06-10 04:11 PM
    Done...





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  • Jaime
    09-12 02:14 PM
    You still have time to arrange your plans and attend! Here�s why you should come:

    You have probably made up your mind not to attend the rally. Perhaps you think that already many people will attend and that one more or one less person (You) will not make a difference. But it will! In fact, let�s not even think about whether one more or one less person will make a difference. Rather, I invite you to think this way: Do it because it�s right! Do it for yourself! Think to yourself that you would do this even if you were the only person attending the rally. Think of Gandhi. Think of Martin Luther King.

    You have been very frustrated for years with this broken immigration system, right? Perhaps you�ve been stuck for years, no raises, spouse cannot work, children aging out? How many times have you wanted to tell Congress what�s on your mind? This is likely your ONLY CHANCE to do so! Again, think of this in terms of you attending even if you were the only person attending. Attend because you are mad. Attend because you want to see change. Attend to make yourself visible, and make everyone out there know of your silent struggle. The silent struggle that you have had to put up for years. Even if that�s all you do, you will feel better. People will know the unfairness that you have been treated with! Attend because IT IS THE RIGHT THING TO DO! If your friends are not attending, try to convince them, but if they choose not to go, don�t let that influence you! Sometimes in life we have to do things just because they are right, no other reason. Will this rally work? Will lawmakers listen? Will my employer be mad that I took a day off? Will I have to spend $500 to get there? None of that matters! The only reason of why you should attend is because you have been abused, and you will not take it! You have dignity! You will go and tell Congress to stop messing with you unfairly. You have the power, freedom and OBLIGATION to do so! Your children will be proud of you. If you do not attend the rally, it will be a once-in-a-lifetime lost opportunity! LET�S GO! WE CAN DO THIS TOGETHER!!!!!!!!!!!





    pappu
    06-11 09:31 AM
    We updated the content of this mail today. Please resend if you had sent yesterday.





    GreenCard4US
    07-13 07:20 PM
    Reputed lawyers like Carl Shusterman came out the very next day swinging with hard hitting statements. What was Murthy doing then? I have been ripped off earlier by Murthy. Anybody who has spoken to her will understand that she is all about $$$ and nothing else. I hope by our posting, others don't get ripped off and see her true colors...



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