Tuesday, June 28, 2011

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  • delax
    07-13 07:56 PM
    I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.

    DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.

    Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.

    I dont agree at all!!!!!!!

    How can you give consideration to people already in line at the expense of other people from a higher preference category also waiting patiently in line. Regardless of the duration of the wait EB3 is a lower prefrence category and will remain so under any interpretation. Remember that even under the 'old' interpretation EB3-I only got visa numbers after passing through the EB3 ROW and the EB2-I gate.

    Notwithstanding the 'new' interpretation, an argument can always be made that the 'old' interpretation was not only wrong but blatantly wrong where EB3ROW was given preference over an EB2 retro country.

    The only fix for this is elimination of country cap and/or increase in number of visas. The means to acheive that goal may be legislative or administrative. I'll defer to the experts on that!





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  • Macaca
    02-17 02:35 PM
    American Immigration Control Foundation (AICF (http://www.aicfoundation.com/))
    Americans for Legal Immigration - ALIPAC (http://www.alipac.us/)
    American Patrol/Voice of Citizens Together (http://www.americanpatrol.com)
    California Coalition for Immigration Reform (http://www.ccir.net/)
    Californians for Population Stabilization (http://www.cap-s.org/main.html)
    Center for Immigration Studies (CIS (http://www.cis.org/))
    Colorado Alliance for Immigration Reform (CAIR (http://www.cairco.org/))
    Federation for American Immigration Reform (FAIR (http://www.fairus.org/site/PageServer))
    The Heritage Foundation (http://www.heritage.org/)
    Minutemen (http://www.minutemanproject.com/)
    NumbersUSA (http://www.numbersusa.com/index)
    Population-Environment Balance (http://www.balance.org/)
    Pro English (http://rightweb.irc-online.org/profile/1533)
    Programmer's Guild (http://www.programmersguild.org/)
    ProjectUSA (http://www.projectusa.org/)
    The Social Contract Press (http://rightweb.irc-online.org/profile/1539)
    U.S. English (http://www.us-english.org/inc/)
    U.S. Inc.

    Hate Groups (http://www.splcenter.org/intel/map/hate.jsp)
    Comments

    These organizations do not disclose the contributions made to them and the management of these contributions.
    Most of these organizations have full time employees.





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  • sanju
    05-15 05:42 AM
    hey guys,

    M new to this. I have applied for a H1 B this year ....i went thru the pdf on bill S 1035 ...& it states the following:

    Section 2(e) Prohibition of Outplacement
    1. Employer cannot place, outsource, lease, or otherwise contract for the
    placement of an employee on H-1B. (This prohibits any consulting work for
    an employee on H-1B).
    2. This applies to all the application filed after the enactment of this bill.

    Does it mean that all existing consulting work will also be in danger??

    YES

    M a bit confused as point 2 states that it will be for all applications after the enactment of the bill. Does that affect H1-b holders frm this year itself??

    YES




    Durbin-Grassley going after 9 firms.

    http://www.team4news.com/Global/story.asp?S=6514384&nav=0w0v

    U.S. Senators question companies about visas

    Two US senators are questioning several companies about their use of a visa program for highly skilled workers. Senators Chuck Grassley of Iowa and Dick Durbin of Illinois are focusing on nine companies -- several of them foreign-based. Those companies used nearly 20,000 of the 75,000 H-One-B visas that were available last year. H-One-B visas are for high-skilled workers and are heavily used in the high-tech industry. The industry has long complained that too few visas are available. Grassley and Durbin, both on the Senate Judiciary Committee's immigration subcommittee, sent letters to the nine companies asking questions about visa use, wages and layoffs. The top users were identified with statistics from Citizenship and Immigration Services. The letters, posted on Grassley's Web site, were addressed to:

    Infosys Technologies Limited in Freemont, California
    Wipro Limited of Mountainview, California
    Tata Consultancy Services Limited of Arlington, Virginia
    Saytam Computer Services Limited of Andhra Pradesh, India
    Patni Computer Systems of Mumbai, India
    Larsen & Toubro Infotech Limited of Mumbai, India
    I-Flex Solutions of Mumbai, India
    Tech Mahindra Americas of Englewood, Colorado and
    Mphasis Corporation of Bangalore, India
    ----------------------------------------------------------------------
    Here is a letter from Sen. Durbin and Grassley to these companies
    http://grassley.senate.gov/releases/2007/05142007.pdf





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  • xyzgc
    01-09 06:58 PM
    Online Israel-Hamas war
    http://www.foxnews.com/story/0,2933,478626,00.html



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  • unitednations
    03-24 02:39 PM
    UN - why do you think USCIS allows

    (1) File for h1b from consulting company - when they think there is an issue
    (2) Allow labor substitution - when they think it is not good
    (3) Allow eb3 to eb2 porting - when they think it is not good
    ....
    ....
    ....

    the list can go on

    Why do you think people who are following law - not liked by USCIS?

    I am not blaming USCIS or not poking at them or your interpretation.

    I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.

    Right now USCIS is giving everyone a hard time.

    I didn't even think that getting rid of labor substitution was a good thing. Much of the issues related to labor substgitution had to do with IT jobs. Although IT jobs take up a good number of greencards; it impacted other companies/people who weren't doing anything wrong with it. It was a first step in making eb harder.

    I am a pretty good advocate of the staffing companies. Kill staffing companies and h-1b and employment base greencard is finished for people from india. I don't think many people realize the implications of what is going on. Staffing companies are the lifeline for employment base IT and for nurses. Thre would be no more retrogressoin as people wouldn't be able to come here. All the people who are here in so called permanent jobs will also eventually get squeezed (laid off; company mergers; promotions; more rules like tarp, etc., and they will eventually also stop doing greencards except for the most senior of senior people).

    People really need to be careful right now.





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  • walking_dude
    10-01 11:11 AM
    I agree to point (1) for both Obama and McCain. Chances of them happening are very high. I, however, disagree with point (2) for both of them.

    A bill similar to HR5882 can be added to CIR as an amendment (like the Cornyn-Cantwell amendment to CIR2007, which unfortunately didn't get voted on as the CIR died!). Most of the CIR backers like Hispanic caucus or Sen Menedez aren't opposed to EB increases/recaptures as such, but have prevented the passage to make pro-business Republicans make concession toward legalization. If Legalization passes through, they are unlikely to stand in our way.

    On the other hand, anti-immigrant groups such as FAIR, CIS etc. oppose us as much as they oppose legalization ( according to their bizzaro definition every immigrant is illegal). They will oppose stand-alone bills such as HR 5882 as much as they oppose the CIR . Infact it was filibustering by Repubs such as Steve King and Smith - who are sympathetic to these groups - that killed our bill.

    CIR + our EB ammendments will face only opposition from anti-immigrants, where as Hispanic Congressmen and CIR backers will be supporting our bills as well, where as EB-only bill face the ire of both anti-immigrants as well as the CIR backers and the powerful Hispanic caucus. That's the lesson we should learn from the failures of this year.

    Focus may be on Economy, but Immigration cannot be ignored due to political considerations. If there is a democratic senate, democratic House and democratic President - Hispanic lawmakers will not let them rest, until they get the CIR on the floor.

    IMO, our focus should be to find the EB-killer clauses in the CIR, get them ammended, and add our bills as ammendments to CIR. And not to oppose it in favor of highly-unlikely-to-pass piecemeal legislation.

    If Obama becomes Prez

    1)Sen. Durbin will play major role in immigration policy which may take us to Stone Age.
    2)CIR is only resolution for the immigration ( Bills like HR 5882 will go away)

    If McCain becomes Prez

    1)Anti �immigrant lobbyist will take center stage and will not allow CIR to pass through
    2)Smaller measures like HR 5882 will have chances to pass through

    This is my opinion and it may differ from others. Its like catch 22, I have very little hope on either of them, more over based on the current economic situation. whoever the prez their focus will be on fixing the economy rather than immigration - my 2 cents



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  • nogc_noproblem
    08-05 12:49 PM
    I was recently riding with a friend of mine.
    We were coming to a red light, and he shoots right through it. I ask him, "Why'd you do that?" He tells me this is how his brother drives.

    We come to another red light, and again, he shoots right through it. I ask him, "Why'd you do that?" Again, he tells me this is how his brother drives.

    We come to a green light, and he SLAMS on the brakes. My heart nearly goes into my throat. I shouted at him, "Why'd You Do That?!"

    He replied, "You never know, my brother could be coming the other way."





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  • nogc_noproblem
    08-29 08:59 PM
    "Love" stamps

    A guy walks into a post office one day to see a middle-aged, balding man standing at the counter methodically placing "Love" stamps on bright pink envelopes with hearts all over them. He then takes out a perfume bottle and starts spraying scent all over them. His curiosity getting the better of him, he goes up to the balding man and asks him what he is doing.

    The man says: "I'm sending out one thousand Valentine cards signed: 'Guess who?'"

    "But why?" asks the man.

    "I'm a divorce lawyer." the man replies.



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  • alisa
    01-04 12:57 PM
    Let me try. I still have one day more before I start working again.


    I don't have a lot of time either. My wife is getting increasingly irritated; I might lose my laptop-privileges pretty soon.


    We said 'can you hand over Dawood him'. You said he is past. How is being past meant that his crimes go unpunished?

    Its not because I am defending Dawood. Its just that when people talk about Dawood, the response from Pakistan has been that India is giving the list of the usual suspects, and trying to score points. [They also deny that he is in Pakistan]. So, I say, forget the past. Just focus on Bombay; get to the bottom of it, use it as an opportunity to improve relations between India and Pakistan, and move forward.


    You then say no extradition treaty. So if we give proof for the Bombay incident, how are you going to take action, if you have not done yet for the past incidents. I just don't get it.

    First of all, 'I' won't be taking any action, regardless of what proof anyone provides.
    Secondly, I think Pakistan shouldn't need to be provided any proof. Pakistan should do its own investigation. And Pakistan and India should also cooperate in their investigations.
    And then Pakistan should charge those people with 'treason', and hang them.


    We want see if we can trust you.

    First of all, there is no 'we' as you mean it. This is not IndianImmigrationVoice, despite repeated and increasing evidence to the contrary.
    Secondly, this is a pretty good opportunity for Indians and Pakistanis who live in the USA to engage in a conversation about the relations between their countries. I don't think this thread is anything more than that. So, unless I start asking you to loan me a million dollars, 'trust' is a moot point.


    You don't won [own] up, yet you won't punish and infact you seem to protect these guys.


    I think you are unable to distinguish between an individual (me for example, or you), groups of individuals (any one of the militant groups), the state and the government (Pakistan or India), the media, and the public opinion.





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  • Ramba
    08-05 03:25 PM
    Please stop with this. this is truly offensive. Many of us happen to be truly qualified beyond your clarly limited imagination. Not all of us are in IT, not all of us work in body shops and NOT all of us deal with fraud in our lives. If a few do, then go chase the, and stop tarring us all with the same brush. This is really akin to my saying (and I'm not saying it) that all EB3 folks are just IT diploma holders working for body shops and the whole category is just a fruad. How does the tarring feel now?


    I said most of the case. Not all. Ofcouse, most of the bodyshoppers does this abuse. Like labor subsitution, creating a duplicate job just to file EB2 etc.. I am not blaming good US employers and employees. There are tons on non-IT genuine EB2 cases are there..



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  • surabhi
    03-25 10:57 AM
    That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.

    USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.

    Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.

    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."





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  • StuckInTheMuck
    08-08 05:09 PM
    Q: Do you yield when a blind pedestrian is crossing the road?
    A: What for? He can't see my license plate.

    Q: Who has the right of way when four cars approach a four-way stop at the same time?
    A: The pick up truck with the gun rack and the bumper sticker saying, "Guns don't kill people. I do."

    Q: When driving through fog, what should you use?
    A: Your car.

    Q: What problems would you face if you were arrested for drunk driving?
    A: I'd probably lose my buzz a lot faster.

    Q: What changes would occur in your lifestyle if you could no longer drive lawfully?
    A: I would be forced to drive unlawfully.

    Q: What are some points to remember when passing or being passed?
    A: Make eye contact and wave "hello" if s/he is cute.

    Q: What is the difference between a flashing red traffic light and a flashing yellow traffic light?
    A: The color.

    Q: How do you deal with heavy traffic?
    A: Heavy psychedelics.

    Q: What can you do to help ease a heavy traffic problem?
    A: Carry loaded weapons.



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  • ca_immigrant
    06-23 12:38 PM
    Here is one calculation that might give you one more reason to buy...

    This is taking into consideration bay area good school district ....


    say you are currently in a 2 bedroom paying around $1900 rent (say cupertino school district)

    you buy a townhome for around $500k putting down 20%
    so loan amount is 400k
    @ 5% instrest your annual intrest is $ 20k.
    Say 3k HOA anually...
    Property tax....as a rule of thumb, I believe (and have heard from others) whatever poperty tax you pay comes back as your mortgage intrest and property tax is deductable.
    So not taking property tax into account....your annual expense is 23k.

    now here is the nice part....
    you get 8k (or is it 7.5k ?) from FED for buying a house (first time buyer)

    If you get a real estate agent who is ready to give you 50% back on the comission you can get back around 7.5k (assuming the agent gets 3% comission)...I know those kind of agent exist for sure !!

    There is something I have heard about CA also giving you 10k for buying new homes...but I am not sure of this so will leave it out of the calculations...

    so total amount u get back....8k+ 7.5k = 15k approx..

    1st year expense = 23k
    1st year actual expense = 23-15 = 8 k

    which mean monthly rent = 8k/12 = $666 per month (it is like paying $666 rent for a 2 bedroom in cupertino school district)

    Will the property value go up ? I do not know (I wish I knew)...

    Is there a risk ? I would think yes....

    Percentage of risk ? I would think keeping in mind current prices the risk is low...

    I am not telling that you should buy or not buy....just provided one piece of the calculation....-;)

    All the best !





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  • reedandbamboo
    06-07 12:23 PM
    I don't know where you can find 5% interest p.a. investment today but for the sake of argument that I found one, I think I can't get the $60k at the end of 10th yr.

    5% per month is easily attainable with some options strategies. But not everyone has the temperament/stomach/psyche for active trading.



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  • nk2006
    09-30 10:13 AM
    I was schocked to find out on Sep 22 that my I-485 has been denied. My wife is on AP and can't enter U.S now withot her H4.

    Sorry to know your troubles. I am curious about the reason for 485 rejection and how you are going about it (is it because of using AC21 and I140 revocation by previous employer?) - there is an effort to deal with I-485 rejections without NOID - there is a separate thread on that with conf call today. Please join the call and give your details. Thanks.





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  • Ramba
    08-05 01:50 PM
    Oh my gosh..This much argument. I do not know the PD porting is law or rule. If it is law, one can not file suit against the amended law. But one can request the law maker to change. If it is a rule, one may do that. But it does not have any merit. It is waste of time.

    PD porting, in theory, is very genuine. (may be not-genuine in many cases; just to cut-short the line or line jump by creating a EB2 job) So, one cannot challagne that. Here is why. A cook may have a PD 2001 in EB3. He has right to study PhD and apply in EB1 catagory, by poring PD. There is no violation of ehics here.



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  • Macaca
    12-28 07:24 PM
    Fighting for change

    At home, religion had started to drive a wedge in Rubina's family. Irfan, when he talked to her at all, often chided her for not covering her hair. He wanted her to quit school and marry a man whose version of Islam was as strict as his. With her father's support, she refused.

    "We don't really talk that much right now," Rubina said of her brother, who declined to be interviewed for this article.

    Her father arranged for her to marry a moderate Muslim, a man who had a promising job as a hotel manager and to whom Rubina felt attracted. Still, his family insisted that she withdraw from college to start preparing for her nuptials. With her brother and father pushing for the marriage, she agreed.

    She gave up her dreams of an English-language degree, a steppingstone for working-class Indians seeking better jobs in the country's booming call centers and outsourcing industries.

    The trajectory of her life suddenly seemed predictable, she thought, from fiancee to wife to mother and, as is tradition in many Muslim families, caretaker of her husband's home and family. But she still refused to cover her hair.

    Not long after she was engaged, 10 gunmen - young Muslims suspected to be part of a Pakistani jihadi group - crossed the Arabian Sea and came ashore in Mumbai, India's financial and cultural capital. During a three-day siege of the city, the assailants killed 166 people and injured scores - including Muslims - in part as retribution for atrocities in Gujarat, according to recordings of their cellphone conversations, which the Indian government later released.

    It was a turning point for India's Muslim community. For the first time in anyone's memory, many Muslim leaders came together to express anger against Pakistan, where the attackers were said to have been trained. Muslims in Mumbai even refused to bury the gunmen, nine of whom died in the attacks. The backlash was also directed at extremists within the Muslim community.

    "Many Muslims were very worried that we would be attacked after the siege of Mumbai," Rubina said. "We stayed at home, closed our shops. But after watching the Muslims of Mumbai protest in the streets, some here found the courage to protest against the terrorists and explain where we stood."

    The anti-extremist movement spread to other Indian cities with large Muslim populations, including Ahmedabad. Rubina and other women in her neighborhood saw it as an opportunity to speak out against extremism at a time when fatwas, or religious decrees, against women were on the rise.

    "Why do Muslim woman have to be so docile and submissive?" asked Khan, the social worker, who opened a chapter of a national Muslim women's group just down the street from Rubina's house. "Everyone is complaining about terrorists. This is the moment for Muslim women to speak up about our rights, too."

    The women's group filed, and later won, a lawsuit against the city accusing it of failing to provide electricity, water, and sewage and trash services in Muslim communities.

    Emboldened by that success, Rubina soon began studying health issues as part of a government campaign to help young mothers in the neighborhood care for sick children, offering health tips and medicine.

    "Many families here still think it's not safe for a girl to be out in offices or on the roads," she said one recent day, braiding her long hair and loading her briefcase with notes about neighbors in need.

    She walked past the mosque where her brother prayed. Nearby, children played hopscotch over open sewers clogged with plastic bags and crushed soda cans. She paused and tried to remember what her life had been like, how safe she had felt before the riots. Now 22, she wondered whether her life would have been different.

    "Would we have a better life?" she asked. "Would Muslims have a better life?"

    Just weeks ago, Rubina married the hotel manager. "My husband and his family will let me work. That is what's important," she said. "I don't want to sit home. There is a lot of work to do in the community. We are still recovering."

    Her brother attended the wedding ceremony and praised her work as a health activist, one of the few times he has let on that he was proud of her.

    Rubina glowed in a red sari, her hands stained with henna. She danced with the women in a midnight celebration at her home. And her father and brother danced in a nearby room.


    Muslim Women Gain Higher Profile in U.S. (http://www.nytimes.com/2010/12/28/world/middleeast/28iht-muslim28.html) By BRIAN KNOWLTON | New York Times





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  • GCScrewed
    07-13 09:27 PM
    I hope you get your GC soon. As for me its 'wait until dark'. It'll come some day.

    And NO I am not an IT EB2. I am a non-STEM MBA in Finance who does not pratice engineering anymore.

    Between an MBA and Pharmacist, of course the pharmacist is more valuable. So is a nurse.





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  • pthoko
    07-12 12:09 AM
    No one??





    alisa
    01-01 10:46 AM
    Alisa,

    Look, the Pakistani military/Govt. is not capable of dealing with these 'non-state' actors. Your logic that it is going to take several years to neutralize and India has to wait for that period to pass is simply dumb.

    Do you think Indian strikes on Pakistan, or a war between India and Pakistan, is going to weaken these guys, or strengthen them?
    What would be dumb now?


    Would you allow a thief to rob your own home over and over again? Depending on your logic, it looks like you wait for several thefts to pass before taking action against the thief.


    Suppose there are theives from Bihar that come and rob you in West Bengal.
    You can either send your West Bengal police into Bihar, and turn it into a rivalry between two police departments. And a rivalry between two provinces.
    Or you have the two police departments work together to reduce crime rate in the future.





    nojoke
    01-04 05:06 AM
    OK.
    But I still can't figure out what your argument really is.

    Lets agree to disagree, I suppose. Let me know, if you can, what exactly and specifically it is that you didn't like about what I said.

    Let me try. I still have one day more before I start working again.
    We said 'can you hand over Dawood him'. You said he is past. How is being past meant that his crimes go unpunished? You then say no extradition treaty. So if we give proof for the Bombay incident, how are you going to take action, if you have not done yet for the past incidents. I just don't get it.
    We want see if we can trust you. You don't won up, yet you won't punish and infact you seem to protect these guys.



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