dallasdude
06-12 04:11 PM
Guys, I've heard (and only heard - don't red me now) that Cognizant has its H-1Bs being rejected and I've heard as far as this that some of the people in Cognizant who got green card through EB-1 category have been deported due to investigation after complaints regarding misuse of EB-1 category by these companies.
has anyone else heard the same?
That's extremely wonderful news. thanks for sharing.
has anyone else heard the same?
That's extremely wonderful news. thanks for sharing.
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yabadaba
06-27 03:19 PM
Three facts, followed by one interpretation.
First: several members (incl self) have checked with their own lawyers and these lawyers tend to agree with the common interpretation of validity for entire month. And at least some of these are lawyers with many years of practice.
Second: Fragomen, the largest immigration law firm, on its website mentions the mid-month possibility; so while there is no government source, the whole topic cannot be dismissed as an unfounded rumor.
Third: Macaca keeps cutting and pasting from the ombudsman's report in many different colors.
My interpretation:
The mid-month concept seems to be a matter of opinion. Multicolor posts notwithstanding, there's nothing official on this matter so far. (I emailed the state department seeking an answer; not surprisingly, I haven't heard back. If anyone else can get something from the horse's mouth, then post it here. If you can get stuff only from the other end of the horse, then maybe there's isn't much pointing in driving a general panic.)
awesome reply! I still have the color question open to macaca. now instead of red blue/bold/non bold he has started using green also. either he is color blind or i am going to end up color blind when i read the news article thread
First: several members (incl self) have checked with their own lawyers and these lawyers tend to agree with the common interpretation of validity for entire month. And at least some of these are lawyers with many years of practice.
Second: Fragomen, the largest immigration law firm, on its website mentions the mid-month possibility; so while there is no government source, the whole topic cannot be dismissed as an unfounded rumor.
Third: Macaca keeps cutting and pasting from the ombudsman's report in many different colors.
My interpretation:
The mid-month concept seems to be a matter of opinion. Multicolor posts notwithstanding, there's nothing official on this matter so far. (I emailed the state department seeking an answer; not surprisingly, I haven't heard back. If anyone else can get something from the horse's mouth, then post it here. If you can get stuff only from the other end of the horse, then maybe there's isn't much pointing in driving a general panic.)
awesome reply! I still have the color question open to macaca. now instead of red blue/bold/non bold he has started using green also. either he is color blind or i am going to end up color blind when i read the news article thread
bobzibub
04-04 10:14 AM
As a Canuck:
It is an honor that you folks choose my country to live in.
Temporarily, or permanent, I hope it works out.
Every country has its warts. (Mine has them too) but the immigrants to a country are what give it life.
For the Doctors, check out some rural areas various provinces. I think they have programs that ease the regulatory burden.
Welcome!
-b
It is an honor that you folks choose my country to live in.
Temporarily, or permanent, I hope it works out.
Every country has its warts. (Mine has them too) but the immigrants to a country are what give it life.
For the Doctors, check out some rural areas various provinces. I think they have programs that ease the regulatory burden.
Welcome!
-b
2011 %IMG_DESC_2%
rockstart
09-24 09:11 AM
Has some one cross validated USCIS numbers against IV Tracker data? Till now we always assumed that tracker data was 1% of entire population. This is a good time for some data guru to tell us actually how many people (% wise) are on IV. A break-up by month (PD) might be preferable because I feel older PD people are more active than newer ones.
more...
the_googly
07-29 09:33 AM
I expect 1/2 of the approvals to be EB2-I and the rest EB2-C.
jayus2k
12-13 11:46 AM
We don't have to discuss with lawmakers. The congress can pass any law and the law will be implemented as long as the courts decide it is not constitutional.
Given our current state, the current laws do not work (for us).
we have two alternatives->
change the law (Lobbying helps here)
challenge the current law (Judicial review will help here)
Given our current state, the current laws do not work (for us).
we have two alternatives->
change the law (Lobbying helps here)
challenge the current law (Judicial review will help here)
more...
leoindiano
07-17 09:35 AM
Dear Attorney,
I had 2 I-140's for same job, same employer. Both approved. When lawyer sent I-485 package they sent the receipt of I-140 which had earlier PD, Which is what i wanted. I saw an LUD on other I-140 on 11/27/2007 almost after a year it was approved. Is that a matter of worry?
On I-485 receipt, Priority Date field is blank. How can i confirm that they got the correct I-140 attached to my I-140?
Thank You
I had 2 I-140's for same job, same employer. Both approved. When lawyer sent I-485 package they sent the receipt of I-140 which had earlier PD, Which is what i wanted. I saw an LUD on other I-140 on 11/27/2007 almost after a year it was approved. Is that a matter of worry?
On I-485 receipt, Priority Date field is blank. How can i confirm that they got the correct I-140 attached to my I-140?
Thank You
2010 %IMG_DESC_3%
ita
04-16 12:51 PM
I know on a humorous note I was thinking people who are married are worried about their family problems.People who are not married are worried about when they will get married.Don't know who has time to worry about some politicians marriage on top of that during elections time.
Ultimately everything boils down to corruption. Huge money is going down in the pockets of big media houses, it is so damn obvious...Hindustan times, IBN & NDTV carried pictures of Priyanka Gandhi's children for 3 days on the front page, I never saw pictures or anything on Chandrababu Naidu, Yedirappa, Badal, Gehlot, Shivraj Chauhan or for that reason anybody....these kids are more important than our grassroot leaders ? The family is talking about "Rahul kee Shaadee" and the whole media is printing that, nobody's asking them where were you and what you did in last 5 years ???
Ultimately everything boils down to corruption. Huge money is going down in the pockets of big media houses, it is so damn obvious...Hindustan times, IBN & NDTV carried pictures of Priyanka Gandhi's children for 3 days on the front page, I never saw pictures or anything on Chandrababu Naidu, Yedirappa, Badal, Gehlot, Shivraj Chauhan or for that reason anybody....these kids are more important than our grassroot leaders ? The family is talking about "Rahul kee Shaadee" and the whole media is printing that, nobody's asking them where were you and what you did in last 5 years ???
more...
logiclife
06-28 05:04 PM
In that AILA reference of EB3 others for june... DOS asked USCIS that visas are exausted..it wasnt USCIS directly jumping to conclusions.
my 2 cents..
Still, just because DOS told USCIS "Visas are exhausted" doesnt mean they should stop ACCEPTING new petitions. They can stop APPROVING new ones, but why stop ACCEPTING new petitions. Visa bulletins guide the filing as well as approval of petitions. If visa bulletins is current, then they can both accept and approve petitions.
my 2 cents..
Still, just because DOS told USCIS "Visas are exhausted" doesnt mean they should stop ACCEPTING new petitions. They can stop APPROVING new ones, but why stop ACCEPTING new petitions. Visa bulletins guide the filing as well as approval of petitions. If visa bulletins is current, then they can both accept and approve petitions.
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ebizash
07-21 12:17 PM
I hate their scheming means to rope you in. They keep calling you and bug you to death. Is there anything that you could do to repel Amway desis? Any sprays, creams, poison?
If you want to be gentle - You can say that you have done it in the past and quit...
If you want to scare them - you can also add I quit because I got an audit from IRS and USCIS as it is illegal on non-immigrant visa....that will scare the hell outta them...
If you want to be gentle - You can say that you have done it in the past and quit...
If you want to scare them - you can also add I quit because I got an audit from IRS and USCIS as it is illegal on non-immigrant visa....that will scare the hell outta them...
more...
chintu25
02-13 10:22 AM
:mad:BUMP:mad:
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Jerrome
09-24 10:24 AM
When can I get my gc based on these uscis data for sept 2005 eb-2.Please suggest me.
100% by this time next year.
100% by this time next year.
more...
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bobzibub
04-04 10:14 AM
As a Canuck:
It is an honor that you folks choose my country to live in.
Temporarily, or permanent, I hope it works out.
Every country has its warts. (Mine has them too) but the immigrants to a country are what give it life.
For the Doctors, check out some rural areas various provinces. I think they have programs that ease the regulatory burden.
Welcome!
-b
It is an honor that you folks choose my country to live in.
Temporarily, or permanent, I hope it works out.
Every country has its warts. (Mine has them too) but the immigrants to a country are what give it life.
For the Doctors, check out some rural areas various provinces. I think they have programs that ease the regulatory burden.
Welcome!
-b
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fide_champ
08-17 01:50 PM
I agree with all of you that this is not worth talking. Instead channelize your efforts in supporting organization to contact lawmakers and make advocacy efforts.
How is the other one better than this topic?
How is the other one better than this topic?
more...
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tikka
07-04 12:22 AM
lets focus on this one..
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who
the faster it gets to 100 DIGS the popular the article will be. Will help give our issue exposure
thank you !!
and counting.....
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who
the faster it gets to 100 DIGS the popular the article will be. Will help give our issue exposure
thank you !!
and counting.....
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visves
06-28 09:51 AM
I think the 40,000 number is the wastage predicted by the ombudsman at the prior rate of approval that was prevalent earlier in the year. This probably implies that CIS would have used about 100,000 numbers at it's prior rate or about 25000 per quarter. This in turn would imply that CIS would have roughly 40000 (predicted wastage) + 25000 (last quarter's numbers that might have been used had CIS continued at it's earlier pace) = approx 65000 available starting June 1. I highly doubt if this could be used in just a month or two.
But all said and done, whatever the real number of visas that's available I feel it's in everybody's best interest to just apply at the earliest they possibly could.
My take on this is that if 40,000 visa numbers remain for July, August and September, then USCIS by itself cannot use 40,000 visa numbers in one month alone (i.e. in july), because the DOS just supplies them monthly quotas. So, if you take approx. 18,000 per month, you are looking at 18,000 for July and 18,000 for August. Then, USCIS have to use them. Which means USCIS has to approve 18,000 petitions in July. As, I have heard that USCIS just started out sending finger print notices this month, because Priority Dates moved a lot in June 2007. Now, the fingerprints, will come in and forwarded to FBI for security clearance. That will take atleast a month. And, all petitions activated for clearance in June 2007 won't get adjudicated till August 31, 2007, because it takes atleast three months, for a case to approve and the visa number to be used. (Remember Visa numbers are allocated on visas used and not how amny people applied). Please share your thoughts. Thats my 2 pennies.
But all said and done, whatever the real number of visas that's available I feel it's in everybody's best interest to just apply at the earliest they possibly could.
My take on this is that if 40,000 visa numbers remain for July, August and September, then USCIS by itself cannot use 40,000 visa numbers in one month alone (i.e. in july), because the DOS just supplies them monthly quotas. So, if you take approx. 18,000 per month, you are looking at 18,000 for July and 18,000 for August. Then, USCIS have to use them. Which means USCIS has to approve 18,000 petitions in July. As, I have heard that USCIS just started out sending finger print notices this month, because Priority Dates moved a lot in June 2007. Now, the fingerprints, will come in and forwarded to FBI for security clearance. That will take atleast a month. And, all petitions activated for clearance in June 2007 won't get adjudicated till August 31, 2007, because it takes atleast three months, for a case to approve and the visa number to be used. (Remember Visa numbers are allocated on visas used and not how amny people applied). Please share your thoughts. Thats my 2 pennies.
more...
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alterego
06-27 10:34 PM
My 2 cents.
USCIS does not control the PD dates, State dept does. The state dept will change the PD's to when it runs out of visas to provide USCIS.
Case 1: Assume USCIS and State dept are in close touch over the currently approvable I-485s which can consume visas starting July 1
If USCIS has 40K such approvable apps, then the State Dept (being in close coordination with USCIS abt numbers) would have just moved the dates to Nov 2005 for EB-2 India the date when it retrogressed and similarly to the date when EB-3 retrogression first happened for India.
The fact that they did not do this means they do not have the sufficient numbers of approvable ones. Now the new ones filed in June or July will not become approvable until at least 90 days. So if they are hoping that some of the "new" 485 petitions filed in June/July will be straightforward enuf to approve in 4 months, they have to keep dates at current at least until July end.
Case 2: USCIS and State dept are not coordinating "closely" over the approvable numbers
This means the State dept arbitrarily changed the dates to Current instead of consulting with USCIS that they have 40K approvable petitions. And why woudl they in that case make the numbers unavailable in mid-july in that case?
Lastly even if the numbers can become Unavailable it has to be announced by State Dept. So worst case scenario it can become "U" in July 11-15, which makes the claim by Matthew-OH that it can become unavailable in July first week itself ridiculous.
I suspect that at the end of last month they did not have a lot of approvable 485 cases that were BOTH:
1) Cleared namechecks.
and
2) From countries other than CHINDIA.
Hence they decided to move the dates to make use of the visa numbers. The majority of approvals you will see now will be those that conform to the above criteria. When they(the visas) are done they are done!
I don't expect to see any of the 485s filed now to get approved anytime soon unless for some strange reason dates remain current until Sept............then you might see a few lucky ones squeeze through. So new 485 filers hold your breath until atleast next year!
Come July 1st week, brace for a flood of celebratory postings online as the pre-approved cases get formally sent out letters.
Come October if not earlier it will be normal service resumed, with massively retrogressed dates for CHINDIA, and mild to moderate retrogression for ROW.
USCIS does not control the PD dates, State dept does. The state dept will change the PD's to when it runs out of visas to provide USCIS.
Case 1: Assume USCIS and State dept are in close touch over the currently approvable I-485s which can consume visas starting July 1
If USCIS has 40K such approvable apps, then the State Dept (being in close coordination with USCIS abt numbers) would have just moved the dates to Nov 2005 for EB-2 India the date when it retrogressed and similarly to the date when EB-3 retrogression first happened for India.
The fact that they did not do this means they do not have the sufficient numbers of approvable ones. Now the new ones filed in June or July will not become approvable until at least 90 days. So if they are hoping that some of the "new" 485 petitions filed in June/July will be straightforward enuf to approve in 4 months, they have to keep dates at current at least until July end.
Case 2: USCIS and State dept are not coordinating "closely" over the approvable numbers
This means the State dept arbitrarily changed the dates to Current instead of consulting with USCIS that they have 40K approvable petitions. And why woudl they in that case make the numbers unavailable in mid-july in that case?
Lastly even if the numbers can become Unavailable it has to be announced by State Dept. So worst case scenario it can become "U" in July 11-15, which makes the claim by Matthew-OH that it can become unavailable in July first week itself ridiculous.
I suspect that at the end of last month they did not have a lot of approvable 485 cases that were BOTH:
1) Cleared namechecks.
and
2) From countries other than CHINDIA.
Hence they decided to move the dates to make use of the visa numbers. The majority of approvals you will see now will be those that conform to the above criteria. When they(the visas) are done they are done!
I don't expect to see any of the 485s filed now to get approved anytime soon unless for some strange reason dates remain current until Sept............then you might see a few lucky ones squeeze through. So new 485 filers hold your breath until atleast next year!
Come July 1st week, brace for a flood of celebratory postings online as the pre-approved cases get formally sent out letters.
Come October if not earlier it will be normal service resumed, with massively retrogressed dates for CHINDIA, and mild to moderate retrogression for ROW.
girlfriend %IMG_DESC_14%
bharol
06-11 03:29 PM
USA needs people with qualifications and skills.
Sooner they learn it, the better.
Sooner they learn it, the better.
hairstyles %IMG_DESC_11%
unitednations
02-17 11:47 AM
This argument does not have much merit. You are confusing diversity with skills - if those friends, cousins etc. meet the job requirements, there is no issue in hiring them for open positions. You are asking us to believe that a country that does not believe in affirmative action in the job market and depends on voluntary action by employers to enhance diversity cares about any of this when it comes to immigration.
No, the intention behind the 7% limit is to protect levels of European immigration and address racist fears of immigration from the 3rd world. This was also the intent behind the diversity lottery - notice the consternation that the diverisity lottery is primarily benefitting non-Europeans.
If you go to the earliest visa bulletins posted on department of state web-site; you will see that Dominican Republic EB3 was retrogressed at one point. Think about that. Dominican Republic; how small is that country. Reason it was retrogressed is probably everyone was getting everyone of their relatives, etc., to come to USA through employment base. The country quota in my mind is designed to prevent such abuses of people making an end run and designing systems to get people from certain countries here.
There is a department of labor precedent court case where they can deny a labor if you are sponsoring a relative or a "close friend". The premise being that if there is a close relationship then the job cannot be truly open to Americans. I have seen USCIS also use this in a case where they figured out that CEO of the company was sponsoring his brother through employment base. This particular case, really opened up my eyes to how EB immigration was working and I started to see things a little bit better from USCIS point of view. Up to this point I thought everyone who was getting EB greencard or H-1b was highly specialized and it was a very difficult thing to do. Company I worked with had a decent number of people on H-1b at the entry level. It was all nationalities and they were from F-1. However,when it came time to sponsor them for greencard, they wouldn't do it because they couldn't satify themselves that no American was available for the job.
In this past year, I have seen USCIS get really, really difficult with h-1b's and greencards. The backlog labors are also getting a tough time. USCIS, department of state, backlog reduction center is treating the consulting companies as temporary staffing companies. There is a whole bunch of requriements that these various agencies are setting and many companies are withdrawing or deciding to not respond to these queries. When this starts happening behind the scenes then it doesn't bode well for "friendly" type immigration policies.
Last year; when cybersoftech situation happened where he filed 350 I-140's, falsified labors; falsified his tax returns, etc., and all the cases were denied or revoked; many of the candidates thought they had been cheated and that USCIS/senators/congressmen were going to make accomodations for them. Nothing like this happened; they were calling themselves "victims" and thought they should get honorary greencard because of what they had been through.
From USCIS/DOL point of view it gave them a case study of the manipulations of the system and how everything worked. Now; they are starting to hold companies to a very high standard and looking for these types of tendenices/trends. If a company has too many H-1b's filed, too many I-140's then they are looking at it as if the company is set up for immigration purpose.
One thing that people shouldn't lose sight of is that a company does not need to sponsor you for a greencard. They could fire you or lay you off at any time. All they need to do is buy you a plane ticket home. All these arguments that people have about spouse not being able to work, career stagnation, etc., would still be arguments if you stayed here on H-1b for six years. if company wasn't going to sponsor you for greencard then these arguments would still apply that you are using. However, would anyone listen if a company didn't want to sponsor you. Why is this relevant? A company is sponsoring you but they are not very interested in lobbying for you. If a company wants you on a permanent basis but it is taking too long then you would think they would lobby for you. They are the petitioner.
Now; companies want more H-1b's. in fact they really don't want it an increase. What is happening is that companies are filing H-1b's six months in advance for jobs they do not have. Ask people who go for visa stamping initially, how difficult it is for company to get them a visa without bull------- about it.
You have the traditional L-1 companies who are filing h-1b's and L-1's because of the no body shopping rule. Depending on the project, bill rates, etc., they determine whether a person will come on h-1 or l-1. it is like they are reserving the right ahead of time depending on their needs. The traditional American company can only get fresh quota cases if they have people on OPT working there. However, if they find a candidate sometime in October they cannot file an H-1b for them. So what is the solution? Increase the cap or make it extremely difficult to get H-1b visa approved and teach everyone a lesson.
This is not as simple as everyone may think it is. There are a lot of things happening behind the scense where there is a "tightening" of approvals and visas.
Now; some people may not like this posting. However; you need to have as much information as possible in order to strategize and talk to various decision makers. Some of them might sit there and listen to you but then when they start studying the situation they might come to know what I have posted here. if/when quota increases, it will probably be because when the intial 140,000 was set; the economy was at a different stage, population was at a different stage. The increase would probably just follow market realities (population is more then what it was when 140,000 was set and we need to adjust it accordingly).
No, the intention behind the 7% limit is to protect levels of European immigration and address racist fears of immigration from the 3rd world. This was also the intent behind the diversity lottery - notice the consternation that the diverisity lottery is primarily benefitting non-Europeans.
If you go to the earliest visa bulletins posted on department of state web-site; you will see that Dominican Republic EB3 was retrogressed at one point. Think about that. Dominican Republic; how small is that country. Reason it was retrogressed is probably everyone was getting everyone of their relatives, etc., to come to USA through employment base. The country quota in my mind is designed to prevent such abuses of people making an end run and designing systems to get people from certain countries here.
There is a department of labor precedent court case where they can deny a labor if you are sponsoring a relative or a "close friend". The premise being that if there is a close relationship then the job cannot be truly open to Americans. I have seen USCIS also use this in a case where they figured out that CEO of the company was sponsoring his brother through employment base. This particular case, really opened up my eyes to how EB immigration was working and I started to see things a little bit better from USCIS point of view. Up to this point I thought everyone who was getting EB greencard or H-1b was highly specialized and it was a very difficult thing to do. Company I worked with had a decent number of people on H-1b at the entry level. It was all nationalities and they were from F-1. However,when it came time to sponsor them for greencard, they wouldn't do it because they couldn't satify themselves that no American was available for the job.
In this past year, I have seen USCIS get really, really difficult with h-1b's and greencards. The backlog labors are also getting a tough time. USCIS, department of state, backlog reduction center is treating the consulting companies as temporary staffing companies. There is a whole bunch of requriements that these various agencies are setting and many companies are withdrawing or deciding to not respond to these queries. When this starts happening behind the scenes then it doesn't bode well for "friendly" type immigration policies.
Last year; when cybersoftech situation happened where he filed 350 I-140's, falsified labors; falsified his tax returns, etc., and all the cases were denied or revoked; many of the candidates thought they had been cheated and that USCIS/senators/congressmen were going to make accomodations for them. Nothing like this happened; they were calling themselves "victims" and thought they should get honorary greencard because of what they had been through.
From USCIS/DOL point of view it gave them a case study of the manipulations of the system and how everything worked. Now; they are starting to hold companies to a very high standard and looking for these types of tendenices/trends. If a company has too many H-1b's filed, too many I-140's then they are looking at it as if the company is set up for immigration purpose.
One thing that people shouldn't lose sight of is that a company does not need to sponsor you for a greencard. They could fire you or lay you off at any time. All they need to do is buy you a plane ticket home. All these arguments that people have about spouse not being able to work, career stagnation, etc., would still be arguments if you stayed here on H-1b for six years. if company wasn't going to sponsor you for greencard then these arguments would still apply that you are using. However, would anyone listen if a company didn't want to sponsor you. Why is this relevant? A company is sponsoring you but they are not very interested in lobbying for you. If a company wants you on a permanent basis but it is taking too long then you would think they would lobby for you. They are the petitioner.
Now; companies want more H-1b's. in fact they really don't want it an increase. What is happening is that companies are filing H-1b's six months in advance for jobs they do not have. Ask people who go for visa stamping initially, how difficult it is for company to get them a visa without bull------- about it.
You have the traditional L-1 companies who are filing h-1b's and L-1's because of the no body shopping rule. Depending on the project, bill rates, etc., they determine whether a person will come on h-1 or l-1. it is like they are reserving the right ahead of time depending on their needs. The traditional American company can only get fresh quota cases if they have people on OPT working there. However, if they find a candidate sometime in October they cannot file an H-1b for them. So what is the solution? Increase the cap or make it extremely difficult to get H-1b visa approved and teach everyone a lesson.
This is not as simple as everyone may think it is. There are a lot of things happening behind the scense where there is a "tightening" of approvals and visas.
Now; some people may not like this posting. However; you need to have as much information as possible in order to strategize and talk to various decision makers. Some of them might sit there and listen to you but then when they start studying the situation they might come to know what I have posted here. if/when quota increases, it will probably be because when the intial 140,000 was set; the economy was at a different stage, population was at a different stage. The increase would probably just follow market realities (population is more then what it was when 140,000 was set and we need to adjust it accordingly).
_TrueFacts
09-03 02:21 PM
pls keep your social discussions away from this website. I think its a waste of resource to having this thread exist in the first place.
One more preacher! How does it matter? If IIM Bangalore can have a discussion on Women Rights and all are invited why not we people on a public forum.
If you have a point, say so..
One more preacher! How does it matter? If IIM Bangalore can have a discussion on Women Rights and all are invited why not we people on a public forum.
If you have a point, say so..
abhijitp
07-03 06:48 PM
dugg both.
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