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  • dummgelauft
    06-24 01:39 PM
    This is what I received from a immigration lawyer ......

    LATEST GRIM VISA BULLETIN PROJECTIONS FOR EMPLOYMENT-BASED GREEN CARDS ILLUSTRATE NEED FOR COMPREHENSIVE IMMIGRATION REFORM

    There are few things that clearly demonstrate the overarching need for immigration reform than the most recent information provided by the U.S. Department of State's (DOS) Visa Bulletin. The Visa Bulletin provides information on the availability of immigrant visa numbers, which dictates when foreign nationals may apply for green cards under various preference categories. The July installment of the Visa Bulletin shows complete unavailability for the vast majority of employment-based cases. Moreover, DOS projections show that demand for higher-preference green card categories could reach record levels, which would lead to backlogs in these categories where green card numbers were traditionally available in the past.

    The Visa Bulletin establishes "cut-off" dates based on the demand for green cards versus the amount actually available under immigration law to each specific employment-based (and family-based) category per country for each fiscal year. As it assesses green card demand in relation to availability, the DOS may move these cut-off dates forward or back, or not at all. When the DOS believes that all immigrant visa numbers in a particular category will be exhausted (or allocated) by the end of a particular fiscal year (i.e., September 30th), it will indicate an "unavailability" of numbers (marked as "U") in the Visa Bulletin. The law prevents any single country from overuse of immigrant visa numbers during a particular fiscal year. As a result, foreign nationals born in countries from which there is significant immigration to the U.S. will typically have a separate "cut-off" date (and longer waiting times for an available green card number) in the Visa Bulletin.

    An individual's priority date or "place in line" for a visa number under the employment-based categories is the date on which his or her employer files a labor certification or immigrant visa petition with the government. Individuals assigned priority dates that are earlier than the relevant preference category cut-off date noted in the Visa Bulletin are eligible to move to the last step in the employment-based green card process - either processing of an adjustment of status application with United States Citizenship and Immigration Services (USCIS), or processing of an immigrant visa at a U.S. consulate abroad. When the category is "unavailable," individuals cannot file for adjustment of status or receive an immigrant visa.

    In the most recent Visa Bulletin, immigrant visa numbers continue to be unavailable for all third preference (EB-3) employment-based cases. Third preference cases comprise the majority of pending employment-based green card cases, as they include positions requiring at minimum either a bachelor's degree or two years of work experience.

    The July Visa Bulletin indicates that the first, second and fourth and fifth preference employment categories remain current for July. However, since demand in the second. preference category for individuals from China and India exceeds the per-country limitations, these two countries have second-preference cut-off dates of January 2000.

    Overall, the July Visa Bulletin continues a substantial decrease in green card availability over the government's 2009 fiscal year. Admittedly, the retrogression, or backward movement of the cut-off dates, has been more common for employment-based green card numbers in recent years. Yet the complete exhaustion of EB-3 numbers and the sharp decline in India and China's EB-2 numbers are staggering reversals given the slow yet steady improvement in these cut-off dates during the present fiscal year.

    DOS has projected that, as a result of significant filings in the EB-4 and EB-5 categories, there will be fewer numbers to supplement the EB-1 and EB-2 categories. In previous years, thousands of unused EB-4 and EB-5 numbers "spilled over" into other preference categories. However, greater-than-anticipated EB-4 and EB-5 usage, as well as greater demand in the EB-1 category itself, will create an even greater dearth of available "spill over" immigrant visa numbers in the EB-2 category.

    In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories.

    With respect to the EB-3 category, the DOS has stated that the worldwide, China and Mexico quotas for the EB-3 category will become available again with the start of the new fiscal year in October 2009, with a projected cut-off date of March 1, 2003 for each. However, the EB-3 India quota may have a November 1, 2001 cut-off date.

    The federal quotas limiting employment-based green card numbers have remained unchanged since 1990, nearly two decades ago. Since that time, the United States has undergone unprecedented expansion, technological development, and cultural diversification, in large part through immigration. During this progress, skilled immigrants have continued one of our country's oldest and proudest traditions - the search for better lives for their families, and the desire to contribute to and to participate in our free society. Still, these quotas remain stagnant, potentially stifling the future of our nation's ability in the 21st century to prosper as an economic competitor in our world, to build a broad-based infrastructure in our localities, and to live together as families in our homes.

    A quarter-century prior to 1990, major revisions to the immigration quotas sparked a historic influx of individuals to our nation of immigrants. In 1965, this broad-based increase in immigration levels across all preference categories allowed some of the world's most talented individuals to come to our shores and share their knowledge as academics, increase our economic fortunes as innovators and entrepreneurs, build vibrant communities as leaders and organizers, and inspire with their tales of strife and triumph as refugees. For many ethnicities and nationalities, the "post-65" generation was the real beginning of their stories in America.

    Faced with a major financial downturn and an increasingly competitive global economy, our country cannot choose the path of closed borders and restricted immigration. At this very moment, historically restrictive nations are expanding their immigration policies and attracting valuable immigrants otherwise bound for our shores.

    Absent relief provided by potential legislation, there will be substantial backlogs for nationals of India and China in all categories for many years. Careful and strategic planning for employers and foreign nationals entering into or engaged in the immigrant visa process will be necessary while we continue to advocate zealously for reform to address these antiquated quotas.

    These green card backlogs illustrate the need for comprehensive immigration reform. In particular, a long-overdue increase in employment-based green card availability would play a major role in making future generations of individuals feel welcome to come to our nation of immigrants and in spurring sorely needed innovation and prosperity.

    ..I am waiting for the punch line. What's the point of this? We all know it...





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  • angelfire76
    01-14 02:12 PM
    The memo is not very clear with respect to the employer-employee relationship. Most of the IT companies nowadays have moved to the contract model (e.g. IBM makes more money out of contract implementation of its own products or project implementation of other products, than from the sale and licensing of its products).

    An argument can be made with the direct contract vs second-n level of contracts, but the memo is very generic and open to interpretation by an adjudicating officer (has anybody seen the minimum qualification required to get a job at USCIS as a case officer: its high school diploma).

    An out-of-touch bureaucracy trying to tell corporates how to run their business is laughable at best. Of course I'm all for reducing and eliminating these middle-men, but by doing so the door's wide open for the mass offshoring of jobs.

    The clause is still confusing: Infosys, CTS etc. also follow the "staffing" model as they don't really have in-house products that they implement at the client site. But you don't see their H-1Bs being denied. On the contrary USCIS is being very generous with the EB-1 GCs for the employees of these companies.





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  • Milind123
    07-24 07:33 PM
    Good luck buddy. Well said.





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  • sumagiri
    07-25 11:18 AM
    Well, we are talking about 'cutoff date move', not actual approved I485's. If USCIS works in full steam, the EB2 backlog will be reduced quickly, which will result in cut off date move; if they don't, the DOS has to move date forward to allow more CP, that will also cause cut off date move. So either way, the horizontal spill over rule will have a huge positive impact on the EB2 dates move

    If USCIS is not efficient, cut off dates do not help much for pending I-485s even if there is a horizontal spill over. If USCIS is efficient, there is nothing to argue, EB2 will be benefited as analyzed by vdlrao , me and many other here. I am only trying to say that USCIS efficiency and its 'Target' for each year is a crucial factor when it comes to speculation. The number of visas approved is directly proportional to agency's efficiency and its set target. Depending on that, some parameters in our calculations change . For example, If they do not use the FB to EB spill over, we will be less by 20k for the year. If USCIS and DOS only utilize 130K out of 140K, we will be less by 10K more.

    I am not pessimistic and please note that I am not contradicting any one. I my self did detailed analysis in May 2008 saying that it will wonderful year for EB2. Please find the post here.
    http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422

    Hope USCIS will works efficiently..



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  • belmontboy
    08-17 05:07 PM
    True greatness is shown by humility, not pride.

    Al Gore, Kalam, etc are great personalities.
    SRK nah!!

    Thousands of South Asians have gone through same treatment.
    Growup SRK, don't be such a baby :D.

    I have never watched his movies, and i got one more reason not to watch "My name is Khan".





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  • thomachan72
    09-04 03:08 PM
    If this thread (forum) was a court room. It would have been declared by Judge that YSR is indeed the most corrupt politician AP had and pending further investigation all the occupied & grabbed lands, wealth be ordered to pay to the victims. In addition, the Judge would put a life time ban his Son from active politics.

    I hope all posters, readers will condemn corruption and blood politics and see US system (for we being in US) as an example for India. No one can better understand American system than us and how it can be modulated to fit into India.

    Nice point truefacts. If indeed we were able to somehow communicate this system to folks in India it would be great. Let us keep the hopes that this will happen some day. Might be due to desperation or some major calamity but somehow people will realize that this corrupt system is unustainable and needs dramatic repair.
    By the way there is another thread with lists of people who died with a request for prayer!! This is another example of how manipulative personalities not only create a chaotic unsustainable regime while they live but also leave a chaotic system once they die.



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  • sachug22
    09-24 03:32 PM
    I know you are talking about "7% country speciific limit for primary applicants" and "2% country specific dependent limit" So actually it is 9% limit - country specific together.

    But question is " what is the meaning of it?"

    The tables what are published in bulletin are meant for "Visa number availability".

    So numbers (28.6% divided by 5 per each preference-country) are meant for USCIS to process and assign visa numbers till that limit reached.

    "7% + 2%" country specific limit is meant for "Sending Greencard /Ordering Greencard".

    In simplest form, EB-I will have 8008 X 3 (Without spilied over) = 24024 applications assigned Visa number this year and out of that ( 9% X 140000 = 12600) lucky ones will get their physical green cards THIS YEAR. The rest will get their physical green cards next year though their files have been assigned numbers (Pre-adjudicated.) this year.

    Above mentioned explanation is the real meaning of this bullshit.

    I think I have tried my best to explain the process.:)

    Not sure what you are talking about. There are two rules as follows

    28.8% EB visas for each category EB1/EB2/EB3 and 6.8% for EB4/EB5
    7% limit for each country in EB category (India will get 9800 visa in all EB1-5 categories)

    To enforce the limit each EB subcategory (EB1/EB2/EB3/EB4/EB5) enforces country cap, no more than 2822 visa for India in EB1/EB2/EB3 categories.

    The limit can be extended when there are leftover visas (this is what has extended the limit for EB1/EB2/EB3 India for last few years).





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  • delax
    07-23 01:47 PM
    See this post by Nixstor:
    http://immigrationvoice.org/forum/showthread.php?p=254275#post254275

    If you ignore the VB predictions in the post, the key thing to note is that USCIS and DOS are in constant touch on a weekly basis after the July 07 fiasco. They know exactly the demand and usage rates.

    This leads me to one of the following two conclusions:
    Either USCIS has intimated to DOS that it can process only X number of cases in the next two months and visas remaining are more than that which is why DOS pushed the dates forward so that consular posts can also maximize usage OR

    The numbers remaining are very large for a variety of reasons (category and FB spill over) and USCIS has agreed to process at least a majority if not all the cases within a certain priority date - probably Jun 2006. Based on that DOS agreed to move the PD to June 2006 after also factoring in the CP usage.

    Obviously the latter is better for us - but it could be the former as well.



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  • bayarea07
    07-22 02:54 PM
    I would agree with you on this for normal people but not for amway folks, when you are continously being pushed to being on the verge of harrasment then i would think that every human being would behave the way as we do
    Moreover they are the ones who push people to behave that way.
    Respect is all give and take.


    I have been following this thread for last couple of days and I feel I need to make few points. I remember when this amway/qucikstar thing started several of my close friends got entangled and tried to involve me. However, every time I bailed myself out by clearly mentioning to them "Right now, making lot of money is not in my top priorities. I want to focus on my carrier." Fortunately, I was able to fend off the proposals and clearly make my point.

    In this thread, several of you are mentioning to ridicule, diminish, embarrass, and even socially out casting an amway/quickstar member. I feel its going a little bit too far. If you dont like to be in the amway/quickstar business stay clear of it, nobody will be able to force you in it. Setting up anti-amway websites, sharing names of the "bugging" amway members, distributing their phone numbers, and destroying their social reputation is harming the person personally, not the amway/quickstar business. We all know by now the amway/quickstar is a scam, majority of its signed members end up losing valuable time and money. How do you feel if some of your mentioned action emotionally push a distressed person off the cliff. Think about it a bit !!!





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  • InTheMoment
    07-15 10:04 PM
    vdlrao,

    True Eb2 will move and would not retrogress taking the new FY as a whole..but it becoming current by next Oct is a bit far fetched.

    Remember in the first quarter of FY07 EB2 was U with all 01, 02, 03, and Jan-Mar 04 (mostly 03 as 01 and 02 were current for long and didn't have many in the labor backlog centers) used all the numbers. With several EB2's issued during the fiasco + 1st and 3rd quarter and into the 4th quarter, we are now slowly seeing everything till Mar 04 cleared up. It took almost a year to have 03 cleared up.

    And you guess is 04-08 would get cleared in another year :p hard to believe!


    I presume EB2 India will be current by next October. Till now for EB2 India there are only 7% of 140K visas. Due to the new change of horizontal fall outs EB2 India exclusively getting about 50k visas, very little share to china. So this change making an availability of additional 50k visas to EB2 India along with regular 9.8k. So total About 60K visas for EB2 India. This includes unused Family Visa Numbers as well.

    And due to the change to Horizontal Fall out of Visa Numbers from Vertical Fall outs, Its not the India which loses but its EB3 ROW.



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  • Rohan99
    07-27 06:35 PM
    Did you tell that person you are doing illegal work in his country? Is that person from Mexico?

    Run from who?...you? I will see who runs from who? :)
    Sorry to hear that someone lied to you, and it totally shows that person's integrity. But its nothing to do with Amway. Amway never told them to pick u up and take you to the meeting. It was his wrong decision. Probably they are not in business today either.

    My platinum is US army Airborne division...SERVING his country. You saying something?
    Sounds like you know something he doesn't know. Probably he or I should have checked from you.





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  • samay
    07-06 12:08 PM
    Hello,

    Could you tell at 140 level does a candidate needs to submit all the previous
    H1 Approval notices.

    I couldnt submit my previous 140 approval notice since it was during 2000-2001. How important is the previous H1 B approval notices for a 140 approval ? . I submitted the current approval notice which is from 2006-2009

    Rajesh

    Hello

    We normally submit all the previous H-1B approvals with the I-140 application. I am a bit confused from your post is there a gap in your H-1 B approvals.



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  • dealsnet
    05-12 10:57 PM
    I am not a Tamil or Singalese. We cannot say Tamils went to Lanka and asking for homeland. The truth is both Tamils and Singalese migrated from India. May be Tamils went to Lanka before the Singalese. LTTE is a terrorist organization, but it gained popularity because of Singalese neglect of Tamils. I don't think the problem can be resolve through military means. The war will change from conventional to gorrilla within this year.
    Only political solution can bring peace.
    Read these historical facts about the singala migration.
    http://www.lankalibrary.com/books/sinhala_history.htm

    http://www.sinhaya.com/begining.htm
    http://www.country-data.com/cgi-bin/query/r-13173.html





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  • gondalguru
    06-27 12:32 PM
    I still believe that the rumor is true. The numbers will retrogress in middle of the month or even earlier probably by the end of first week of july. It doesn't mean that all the catagories will become unavailable. They may retrogress the numbers by 2-3 years and still have enough approvable I-485 for the last quarter of the current fiscal year.

    Hurry up guys and plan to file as soon as possible.

    Don't come back later crying that you were not warned.



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  • _TrueFacts
    09-03 10:11 PM
    breddy2000,

    You see YSR is in high point, as for you corruption, blood politics, mafia by him are no big deal and normal. What should I say? You are better fit to immigrate to Somalia, Afghanistan or Colombia.

    Every one does that, is that a reason. You claim that you are not a supporter of any one. If that is the case then give due credit where required and criticize and condemn when it’s appropriate.

    As posted by abracadabra102 YSR exactly fits for "No better friend, No worse enemy" and in due course he amassed illegal wealth, corruption and killings.

    His death is the reason this thread is here, living or dead facts are facts and yes Good Riddance that he is no more.

    Yes, will do whatever I can, humbly. In fact it is India’s citizens that are forcing these politicians to implement effective policy not the other way where people are living and enjoying an effective system.





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  • newbie2020
    02-19 10:52 AM
    Guys, There was a reference to class action suit on Murthy

    http://www.murthy.com/news/n_whatnow.html

    Which clarifies doubts from so many folks whether being a part of class action will have a negative effect on his/her case.



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  • ramus
    06-28 01:00 PM
    Nope... You can send it on Saturday for 2 day delivery so they will get it on Monday.. When you send it on Saturday , make sure you do 2 days delivery..



    From what i know,your application will not be accepted if it reaches there before July 1st. Since July 1st is a sunday, the earliest you can send it is Monday july 2nd.





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  • gc_on_demand
    09-17 11:24 AM
    On a ballpark, EB2-I has demand for about 50K immigrant visa numbers. Last year we got 25K. I am assuming we are going to get the same number this year too. So that cleared entire 2004.

    Next year the situation may be different, because demand from other countries is less, So we could see a bigger leap and might put us in early 2006 by end of FY10. FY11 may not be that nice when economy starts improving. We could be back to square one.

    Bottomline, Without a recapture, EB2I/C will not make much progress. EB3-Worldwide is only a place holder in the very long line.

    IV members need to concentrate on the recapture, filing AOS after I140 is approved, visa stamping within USA to make our life easy.

    Only thing we can do is grassroots advocacy. Which may take few years... I don't have hope that in CIR we will be huge getting benefits ( Because of Antis and Some Dems like Senator Durbin ). Also Chances of any piecemeal is very less because of Hispanic caucus.

    Only thing left is Administrative fixes. who can give us temp relief. Like Mr Bush did for TN visas.





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  • greencard_fever
    07-23 02:28 PM
    See this post by Nixstor:
    http://immigrationvoice.org/forum/showthread.php?p=254275#post254275

    If you ignore the VB predictions in the post, the key thing to note is that USCIS and DOS are in constant touch on a weekly basis after the July 07 fiasco. They know exactly the demand and usage rates.

    This leads me to one of the following two conclusions:
    Either USCIS has intimated to DOS that it can process only X number of cases in the next two months and visas remaining are more than that which is why DOS pushed the dates forward so that consular posts can also maximize usage OR

    The numbers remaining are very large for a variety of reasons (category and FB spill over) and USCIS has agreed to process at least a majority if not all the cases within a certain priority date - probably Jun 2006. Based on that DOS agreed to move the PD to June 2006 after also factoring in the CP usage.

    Obviously the latter is better for us - but it could be the former as well.

    See my asumptions in this thread what i said about USCIS and DOS are working closelly.





    Kodi
    05-02 09:38 AM
    I'm surprised admins are letting this thread continue.

    All those who think that the rest of the word should get involved, where were you when the LTTE bombed colombo in numerous occasions? Used suicide bombers to kill innocent civilians. The rest of the world watched and didn't get involved. You had 30 years to provide a solution to this war. Now is not the time to get involved. Sri lankan gov is finally taking matter into their hands and its high time. LTTE is a terrorist organization that's banned in the US/UK and all over the world. They should not be supported. Its sad that tamils are stuck in this situation, gov is doing eveything possible to get them out of the area but its their own so called leader that's refusing to let the people go.

    For those that say tamils are discriminated.... think about this.

    About 50% of tamils live in other parts of the country in harmony with sinhalese, muslim and other ethnic groups and can conduct business. Tamil children can get education in any of the schools and universities in any part of the country unlike sinhala/muslim kids. Children get free education in the country. Sinhalese are not allowed to attend universities in the north and east. All the sinhala/muslim people were chased away from the north and east where as tamils can live anywhere in the country without any discrimination. If LTTE is providing tamils a safe heaven why did they move out of the north.

    Tamils can join the parliament if they're elected through an election. Lakshman Kadirgamaris tamil and held a prestige position in the parliament as the foreign minister but was killed by the LTTE. Look at Muralitharan, wold class bowler. How did he excel if tamils are discriminated. He came from one of the elite schools situated in an area where majority is sinhala/muslims.

    Tamils are not the only ethnic group that was required to carry national ID at all times in colombo. All civilians in colombo, including sinhala and muslims are required to carry IDs with them. I was stopped more than twice at check points and I had to carry my passport with me at all times since I've misplaced my ID.

    And the list continues....

    I can go on and on but I'll rather not. I didn't want to reply to this thread but finally it got the better of me. Each country should take care of their own matters.





    PlainSpeak
    01-14 09:50 AM
    PlainSpeak has a new sock puppet account called actaccord who has no choice but to support him/her. how many more accounts did gcperm create who don't donate ot participate?
    Guys lets not waste our time on manipulative salespeople.
    In cases like PlainSpeak we need a background check for free members posting more than 10 messages a day, not only charge them.
    I agree this member has been inciting people to start fighting with him/her and into arguments, and playing a emotional manipulative card by pretending to be a woman. did you take acting classes at a dollar store, its so fake and cheap?
    plainspeak is just trying to keep negative threads alive and incite more in-fighting.
    PlainSpeak has a new sock puppet account called actaccord who has no choice but to support him/her. how many more accounts did gcperm create who don't donate ot participate?
    Ok here is the fallacy in your argument. Why do i need mutiple accounts to get you guys to realize what u you are doing is wrong when this one account and this one post is all that takes to get everyone to see the real side of the so called senior members and donaters.
    Regarding GC PERM (Rolling my eyes NOT Again) see my previous post and please read it carefully and if you do not get it please read it a couple of time more. i am sure you will get it.

    And yes my friend TinyHK12 you might have just lost the support of the one guy on this forum who while not being abusive about my post also did NOT support me. He was rooting for AmitJoye a senior member here and some one with whose idea you agree 100%. Thats called as shooting yourselves in the foot

    In cases like PlainSpeak we need a background check for free members posting more than 10 messages a day, not only charge them.
    Sure that is a great idea. As i said before (I think i was responding to you post in another thread) a paid subscription for posting messages on this forum is agreat idea and background checks wow that is a new one. How about a criminal background check like they do for jobs in financial sectors. Great idea but please remeber this will have to be a requirement which wil have to be implemented for each and every member of this forum and yes that includes background check on you yourselves my friend TonyHK. And please dont even think about the privacy issues IV will face

    I agree this member has been inciting people to start fighting with him/her and into arguments, and playing a emotional manipulative card by pretending to be a woman.
    Ok first please get this one fact straight that i am a women but just so that all you abusive senior members and donors will breathe a little easy i will become a man for you. Then you guys will not have any constraints and will not hold back and will not feel bad about abusing a women becasue for your convieneice and so that you can abuse guilt free i hav ebecome a man. Now there is just one thing wrong with this logic

    ABUSING ON FORUM IS WRONG WHETHER IT IS AGAINST A MAN OR A WOMEN PERIOD
    Sheesh you guys are shooting yourselves in the foot every time you post on this forum

    plainspeak is just trying to keep negative threads alive and incite more in-fighting.
    If you senior members and donars will step back and think about this for a moment you will realize the truth and the truth is that you guys have accused me of mob mentality but the fact is it is you guys who have a mob mentality.

    How let me explain .........

    If you do no agree to a post all of you gang up and start abusing the posters and any unfortunate souls who agree with the posters. Normally that is enough to scare the poster away. He/she either decides that this is not worth it and takes an out or is coerced by you so called senior members in such a way that their will is broken and they are just plain scared (YES SCARED !!).

    Now coming to my post. There is nothing wrong in what i said. I asked for discussion to an idea. This is just like all the other guys and gals before me to tried the same. The only difference is that i stand by my comment and i do not abuse you guys back because i reply back to every argument of yours (No matter how stupid/illogical/abusive) with valid arguments. Now you guys do not know how to deal with that and the only way to respind is to answer back with strong arm tactics.
    But guys the answer is really simple. Answer back with logical arguments and if you do not have any more logical arguments please rethink about the arguments (Do brainstorming and come up with one argument). Do not spend your valuable time working out HOW TO DISCREDIT PLAINSPEAK AND GET HIM (I am a man for you sake) OUT OF THE FORUM. Instead think about a logical argument to my post and convince me. Hey i am here to be convinced, Not my brow beating Not by strong arm tactis and certainly Not by abuses but by Logic.

    (Logic in india is called Tarq. So bai log bhuddi or Tarq sa bate karo )



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