Tuesday, August 9, 2011

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  • ujjwal_p
    05-11 09:07 PM
    For me it is personal, my kith and kin are getting killed (talking about innocent civilians and not the LTTE) in Sri Lanka and India is actively supporting the Govt of Sri Lanka with weapons and other things,

    Get your facts right first. India is not actively supporting Sri Lanka. It would be suicidal for India (especially considering nutcases like you that exist) to even think of that again. Sri Lanka is using Israeli UAV's and Chinese fighter aircraft and artillery to fight the LTTE. In fact, India is at a strategic disadvantage now because we choose not to help Sri Lanka militarily. And in fact, Sri Lanka has always suspected India of supporting the LTTE. Read about the "string of pearls" geopolitical strategy of China before letting your emotions run crazy.



    India can leverage its power to stop Sri Lanka to fight until Tamil civilians are cleared from the war zone but deliberately India is not doing that.


    India rightfully doesn't care about the LTTE. LTTE is a terrorist organization. Period. They killed a former Prime Minister and it doesn't matter if you support the Congress party or the BJP. This is beyond politics and concerns the nation. The primary humanitarian issue in the conflict so far has been with Mullattivu. As soon as that stage started, Shiv Shankar Menon, the Indian Foreign Secretary went and conveyed India's concerns to the President and other higher officials in Colombo. You tell me what India should do. Should we send the IPKF again maybe? Let's get realistic.


    I abide by the constitution of India but at the same time I cannot be silent when the country leadership is pursuing a wrong policy, that I wouldn't have protested if India never involved in the issue ever but India used to be actively involved in the issue and has stake in it.

    Fine, I don't agree with my government all the time. But I don't say I'm ashamed of my country like you did. In this situation, India does not have any control unless we want to go to war with Lanka. And the LTTE is a terrorist organization declared by the USA. So now genius you tell me,what should we have done.


    In my case, I came here to study and got an opportunity to work and decided that US is the best place for my career and applied for GC, eventually I might apply for citizenship but with this issue I have another strong reason to pursue my GC.

    Awesome. Good for you. India won't miss you either. And I can tell you right now, you are the kind of a person who will not have any loyalties anywhere but to a very small narrow race or culture. You do not understand the definition of a pluarlistic democracy and will never assimilate anywhere. The day the US says something about the Lankan conflict or any other conflict which you disagree with you'll bolt to Canada. I guarantee that. It doesn't matter to me what you do but don't go around misleading people here by casting aspersions on what India or for that matter any country can do in a complex geopolitical situation. You don't know half of it and you better grow up and admit it.


    Just for argument sake, If one believes that their country of birth is pursuing a wrong policy, they can choose to move to a different country rather than living there and blaming it at every opportunity . What is wrong with it?

    History is full of so many examples


    Jews from Nazi Germany
    Oppressed from communist soviet union
    Cubans from Fidel Castro regime
    Sikhs from India
    and so on and so forth


    If you or some one is curious, just to introduce me. I'm member of IV from Feb 2006, I participated in all the IV initiatives, besides check my entire forum history to see any where i had showed dissent towards India or for that matter any thing desperate except for free riders in the forum. This is issue is personal to me and I have strong opinion on this.



    FYI, I am not Tamilian but I have lived in Tamil Nadu for more than 10 years and can speak it fluently. Needless to say, I have a lot of Tamilian friends and know the culture. I understand the suffering that the Sri Lankan tamils are going through, especially in the Mullattivu region. But we have to understand this is a war which has been going on for decades now. What do you expect to happen in a war? Rave parties?

    Anyway hopefully, this will mark the end of the sufferring of both Sri Lankan Tamils and Sinhalese from now on. Both sides in that country have gone through enough already.

    Also I give a rats a** how long you've been in IV. It's your attitude and narrow minded selfishness which tell the whole story for everybody to see.





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  • angelfire76
    05-29 09:22 PM
    Five letter word: U N I T Y

    How many EB1 people do you see on this board?





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  • waiting4gc
    02-13 01:53 PM
    If you see the entire post, you will see that the agenda is

    1) Increasing GC numbers
    2) Recapturing numbers and instituting permanent Rollover mechanisms
    3) Eliminate country quotas

    Part 1 and 2 would help everyone from around the world. While 3 would benefit citizens of a few countries more than others, all it is saying is STOP discriminating in employment based green cards on basis of country of origin. You are not BORN with skills and neither does being born in country A make you more SKILLED than being born in country B.

    If you want to see 3 as being the reason to not participate, that you are implicitly condoning discrimination against people born in certain country even though you will benefit equally from 1 and 2.

    Are you suggesting that IV's efforts would increase the wait times for ROW?
    What incentive does ROW have to work with IV then?





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  • mchundi
    01-09 02:11 PM
    I just got to this site via from immigration portal.
    I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.

    No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.

    The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.

    Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
    I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.

    Following reforms are needed in Labor Substitution.

    - First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.

    - When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.

    - If an employee invokes the AC21 then that Labor should not be allowed to be substituted.

    - There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.

    In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.

    neocor
    Probably true,
    I think the DOL/USCIS(I dont know who) is moving in this direction.
    The real problem is the 7% limit per country and the time it takes for one to go thru the 3 steps.
    There r several people who have started G.C process several times for different reasons. This slows them (DOL/USCIS) down and remember this is like a chain reaction until u stop applying for a G.C or AC21 kicks in.
    Bill Clinton signed some immigration relief for the illegal immigrants just before he left without allocating any resources to process them. Close to 300,000 illegal immigrants filed their labor before Apr 2001. This brought the DOL to a halt and it couldnot recover for 2 years. Finally the BEC's were created to resolve the mess created by the new law. They did not sove the problem but addressed it to some extent. For some it became worse.
    In the meantime several VISA numbers went unused because the DOL probably scrutinized the cases more thoroughly and probably there were more rejections by USCIS
    The reason why so many people look for loop holes is because of the inordinate delay in the process.
    I guess the situation will only become worse unless those who got their labor get to apply for 485 and get portability thru AC21 or dropout altogether.
    The problem with labor is partly addressed thru PERM. Over the next couple of years the BEC's eliminate the backlog and soon everybody will be in the hunt for the VISA numbers.
    The best that can be done now is the fight for more VISA numbers and be able to file for I485 whether a VISA number is available or not or anything that addresses this like
    1: increase the overall VISA numbers (McGain && Kennedy)
    2: capture unused VISA numbers
    3: Cap not being applicable for those with Masters degree in ---- && 3+ years exp before starting the G.C process (Sen. Chuk hagel)
    4: Being able to file I-485 even with no VISA number(failed S-1932)
    --MC



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  • proengineer
    10-15 02:59 PM
    Interesting statistics posted on Ron Gotcher forum

    Credit to Nolefan


    Hello Ron,
    I have been silent spectator for long and I greatly enjoy reading this blog. The knowledge you bring is great. The blog is very informative & insightful and has given us lots of useful information. I have been thinking of contributing to this blog for sometime related to Pending visa number and spillover topic and this is my first post regarding that.

    Recently, I did some calculations on EB1 & EB spillover to EB2 India/China for FY 2010. Here are points I considered

    * Average Consular processing numbers for EB1 & EB2 / year are based on historic data from 1998 to 2008. (Data is available on DHS site)
    * All ROW EB1 & EB2 applications from following categories will be approved before spill over happens
    o consular processing (EB1 & EB2)
    o ROW (EB1 & EB2) + Mexico + Philippines
    * most applications for India / China EB2 from 2004 and prior are approved except few as mentioned on CIS report.
    * Even if there are EB2 ROW I140 applications are pending, they may not be more than few thousands (based historic EB2 usage from EB2 ROW). Based on economic conditions, I assumed 5000 new I485 applications after approval of I140.


    Calculations

    EB1 spill over

    Total quota allowed: 40040
    Average consular processing: 5290
    AOS Pending: 4050
    New applications: 2500
    spill over from EB1 ~ 40040 - 5290 � 4050 � 2500
    spill over from EB1~ 28500

    EB2 spill over

    Total quota allowed: 40040
    Average consular processing: 2199
    AOS Pending (ROW): 7871
    New applications: 2500
    spill over from EB1 ~ 40040 - 2199 � 7871 � 2500
    spill over from EB1~ 27470

    Total EB1 & EB2 spill over = 28500 + 27470

    Total EB1 & EB2 spill over = 55970


    EB4 spill over
    Total quota allowed: 9800
    Average visa numbers used: 7432�� based on data from 1998 to 2008
    spill over = 2368

    EB5 spill over
    Total quota allowed: 9800
    Average visa numbers used: 465 �� based on data from 1998 to 2008
    2008 data: 1360
    spill over : 8440



    Total spill over for EB2 India / China: spill over from (EB1 + EB2 + EB3 + EB4)

    i.e. 28500 + 27470 + 2368 + 8440 ..

    Total spill over for EB2 India / China: 66778

    Preadjudicated EB2 India / China applications ~ 51000

    Total pending EB2 India / China ~ 67061

    If spill over occurs quarterly, then I would expect EB2 India / China dates should faster throughout year may be current by end of FY 2010.





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  • vrbest
    07-11 08:18 AM
    Not sure if it was answered anywhere for similar situation..

    Here is my situation. I would like to see my options:

    1) I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).
    2) Applied 485 for wife and kid and got EAD last July.
    3) Category is EB3-I PD of Apr 06.
    4) Though I was eligible for EB2 (13 yrs exp before joining company A) becas of Company A (they decided not to open EB2 position at that time). I was forced to go to EB3.
    5) I am getting offer from my client and my company has agreed me to support. but client won't do H1 so I have to use EAD
    6) in this case, can I get a another company (for future employment) to file for my GC on EB2? Will they be able to do it without H1 to them?
    7) if so what would be the implications?

    Thanks in advance!



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  • mbawa2574
    02-15 04:54 PM
    Dingudi,
    I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.

    You are accusing people from India for using wrong credentials for picking up H1b/L1 jobs. This is ridiculous and pretty racist.





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  • nozerd
    05-11 09:12 AM
    Folks,
    I just got back from Canada yesterday. I am a PR holder landed in 2005. I had gone for my 8-11 yrs H1 stamping. Needless to say this trip I was very vigilant and observant about Toronto. Here are some thoughts.

    1) When you enter Canada they will ask you to fill a customs/immigration form. On the form one question that is asked is " When were you last in Canada" also the form asks for your "current permanant address". So in my case I was last in Canada in May 2005 and I entered last week it aroused suspision. The officer asked me if I was within 2 to 5 yr room. I told him I was and I was using this trip to plan for our move. So after some questioning he let me in. I guess if that date was March 2007 instead of 2005 he may not have questioned me as much.

    2) As far as lifestyle and products there is no products not available there. Every food item and consumer good is available in Canada. The grocery stores and their shelves look the same. Since the population is low most iotems are made in US and imported. Only way to know its a Canadian market is because by law all products need to be marked in English and French.

    3) Malls etc are the same as US. Eaton Center or Vaughn Mills is no different then The Galleria or Katy Mills in Houston.

    4) Housing is what you pay for it. It is definitely more expensive than Texas and Southern US but cheaper than California or NY. Rents are cheaper in run down areas and expensive in good areas ( duh !). In a major commercial area in a middle class building I was quoted $ 1000 for a bachelor and $ 1,200 for a 1 bedroom apt but this was all bills paid.

    5) Jobs are fewer than US. Best thing to do is take a transfer with your company if they have offices there ( I know of 4 ppl who have done that). Basically if you have a US, Canadian or UK education you will be fine but iof your education is purely from India you may have a tougher time. A good option is to find a job in a border city and commute daily ( Windsor/Detroit or Foret Erie/Buffalo). I think this is a very good option if you can get a job in Detroit or Buffalo.

    6) Taxes are high. I was told by many that whatever taxes you pay in US double them. Sales tax is 15% in ON where it is 8% in TX. Income tax is also higher. Higher taxes are a fact of life in Canada (no ifs ands or buts). In return you have a country where there is no fiscal or budgetary deficit and a very well funded social security system ( unlike US). You also have benefits like 9 months paid maternity leave, a pmt every month for every child you have and medical benefits.

    7) Awesome public transport system. Gas is $ 1.04 or so a litrer when I was there. Insurance is expensivbe but not topo bad if you have a US license and good solid 5 yr US driving record. However its ridiculously high for non US or European immigrants.

    So bottom line Canada is not US and comparing it to US is not fair. However its the closesnt to the US you will get in any other country. Its everyones personal decision and no one forces anyone to apply or mopve there. One could always takje a vacation/leave of absense and go try for a job there. Or else work in detroit/buffalo. Now detroit/buffalo is in US can you find job there ??????? or are they doomed too because of proximity to Canada:rolleyes:



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  • imm_pro
    01-13 04:24 PM
    Just wondering what IV Core's stand is regarding this memo





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  • amitjoey
    01-13 12:24 PM
    Members: Please - refrain from fighting about EB3/EB2.

    IV is for everybody and IV has always tried to be balanced and fair to all categories. Please read the provisions that IV is asking for.

    The goal is for zero backlog -Then where is the question of EB3 lagging behind.

    IF we get what we are asking for- ie: recapture, not counting dependants and no country quota, then there wont be backlog in any of the categories.



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  • gcisadawg
    05-01 04:22 PM
    Don't be too confident that you may never be in the situation like them. Who knows tomorrow ? History tells us that you would be never safe on foreign soil ! If its not you, it would be your next generation who might seek support from your home country


    Well said! Being an Indian-Tamilian, it pains to see the whole SL Tamil community caught between the devil (LTTE) and deep sea (SL govt). The SL gov't has used this war cleverly to nurture the hatred between SL Tamil minority and Sinhala majority deep, very deep almost to the point of no return.

    Thomas Jefferson, once said, "A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine. "
    I really believe Jefferson's worst fear is playing out in Sri Lanka.

    Discalimer: I dont support LTTE. Also, I was pained and frustated equally when terrorists killed innocent Indian civilians. So, pls. don't jump on me on that account!





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  • snathan
    01-24 02:33 PM
    Just because one guy is pointing out fraud in H1b he is not anti immigrant. Can you call entire congress is anti immigrant just for passing TARP restriction unanimously? But still we are optimistic of getting support from congress for EB reform. 99% of H1bs will not be impacted by this memo if that is implemented properly. For example even if USCIS does not approve h1b because he is having multiple layers of H1b still that position will be open and that can be filled by H1b person who is placed directly. The person who impacted by this memo will suffer a few weeks and he will find another job. Basically it will not impact H1b program or H1b persons. Even after the memo many H1bs were approved with third party consulting. Can you tell any denial based on the memo? But I am seeing many RFEs for H1b applications without client letter. That is normal and no one complaints about that

    Do you mind to tell us in which category you got your GC?



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  • h1techSlave
    12-09 10:14 AM
    " members are more interested in how to get their maid to US, which airline to fly etc etc .." and whether they should purchase a home or not. Members spend all their time in heated arguments for and against purchasing a home. pinto, are you familiar with any such members in this forum? ;););)


    Thanks h1b ...thanks everyone else for the overwhelming support. actually it seems that without core leadership / directions ..IV is fast becoming just like a chat forum or as Indian ambassador would have put -- a headless chicken.
    members are more interested in how to get their maid to US, which airline to fly etc etc ..
    I guess time for rest of us to lay back ...and see what fate has in store without worrying much :D





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  • sidbee
    02-13 07:46 PM
    I am with you guys.Read my old posts, i have been thinking on this from day one.



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  • vdlrao
    07-22 02:12 PM
    See, we need to understand, life is a Lottery. No place for Logic. USCIS LOVES lottery...after diversity visa lottery, they are also doing LOTTERY for H1 now, and one day if they like the idea of doing LOTTERY, for EB cases, they might throw away this all mambo jambo of EB1,2,3/PD/RD/ROW/IN/CH...and JUST DO THE LOTTERY!! After this post, I will go buy a Californial Lotto...;)

    kondur_007, u know how to make us laughing in a stiuation like this. your post at the end makes me keep laughing.:D





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  • jsb
    06-04 12:57 PM
    Giving an interim GC while visa number is unavailable will have the effect of bypassing the entire GC quota system. How do you want the interim card to be different from the final thing? No way that anyone in Congress will allow for their laws to be overridden through USCIS rulemaking.

    I just used the term Interim GC to convey the idea, it could be named anything. It could also be mere letter "...your application for AOS has been approved....formal card will be issued when visa number becomes available". EAD is a also a partial GC, it gives you rights of a GC holder pending administrative processing of your application - to work with any employer. The interim GC (or whatever it should be called) may provide all rights of a GC holder, awaiting final count in the legal register of permanent residents (due to legal need of numeric limitations) and the final card, just like a temporary driver license you get immediately after the road test. The idea is that once this stage is passed, no further questions on employment, marriage certificates, etc. should be asked. It should reduce burden on USCIS too. They have to keep on checking again and again on validity of everything we write in our application.



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  • sam_i02
    07-24 04:35 PM
    Its not the question of economy alone. When deciding to go back. Its a question about convenience.

    a) I don't want to stand in line to pay my Electric/Telephone/House Tax/Income Tax/Train Ticket/Air Ticket/Bus Ticket/Children Admission-donations/Petrol Line/LP Gas Line/Restaurant Line/Chola Bhatura Line/Samosa Line/RTO Office line/Registration line/License Line/Stock Buy line/Stock Sell Line/Bank Deposit Line/Bank Draft Line/Fixed Deposit Line/Kisaan Vikas Patra Line/Registered/Speed post Line/Blue Dart Line/Company registration line/College admission line/College fee line/University degree line/Interview Line/Booking a Car line/Beer Whisky Line/Canteen Line.

    Half the country stands in line, the other half manages the line. Neither has any civic sense.

    b) I don't want to bribe babus who manage above lines to get ahead in line.

    d) I don't want power failures/cooler failures/ac failures/broken roads/or other catastrophic system failures.

    e) I dont want fake or mixed eating oil / flour / milk / cheese / butter / peppers / lentils / rice

    f) I don't want dangerous chemical fertilizers in my produce (slow killers - massive kidney failure rate in India for past 10 years)

    g) I don't want to teach my children dishonesty and tricks of survival/street smartness (in ref to corruption in India) which don't add any value to their personality.

    h) The only reason I would wanna go back is for my immediate family and friends. Thats the only thing I miss when it comes to India.

    I wouldn't go back and I believe even MK Gandhi himself would'nt leave from Africa for India in todays times.

    Also Its the enemy within (corruption) which can cause great harm and we have that kind of enemy now. You can never ever change the attitudes which people carry in India without another revolution.

    I am sure I can come up with a huge list of positives too, They will sound very good and will give me a great feeling of fake National Pride.

    Now go ahead and kill me for saying all the above.!!
    Wow! This can get ugly very quick.

    But I agree with you. I am from paksitan and feel the same way. This decision is more for my kids future and not mine.

    And yes, along with all of the above, add in religious fundamentalism for my home..... :(





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  • AB1275
    09-25 03:51 PM
    I have applied on EB2. My PD is Oct 2006. My I-140/I-485 was filed concurrantly. How long do you think is my wait?





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  • WaitingUnlimited
    02-12 12:02 PM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3953.html





    paskal
    12-13 11:13 AM
    employment base makes up only about 11% of all immigration
    the country would not be "colonized" by choosing people for this category on merit alone. as for 90%- this is too is frankly a wave in my view, all things change, for now many Indian techs want to come and they have jobs available, tomorrow one or both of those things may not be true. But none that justifies treating people differently because of where they are born.

    this is entirely my personal opinion: if extended families (like adult siblings and their entire families) were excluded from FB, country quotas would lose some of their "need" and FB would not have to be the overwhelming majority of immigration numbers.

    How about I ask you why the "diversity" is not needed in other things. how about a quota for religion? profession? color of skin...? all those can be diversity issue. What if I said not more than 7% STEM graduates? I'm sure the Programmers Guild would agree. If you don't like those ideas, why country of birth?

    The fact remains though that EB is a skill based category. If I or you(?) join a company with identical (or better) credentials as someone from Congo/Sweden/Belize (whatever), they would have an EB2 GC in 1-2 years, we would sit for 10 and stew under multiple career holds and restrictions. Since no body from India would ever get the EB2 GC quickly, an entire subset of immigrants (based on country of birth) are ALWAYS held behind. You are presuming that somehow this benefits the US. Get skilled immigrants- but don't let a whole bunch of them rise to their levels of ability because they were born wrong. I am at a disadvantage because other people from my country applied for a GC. But when my employer takes me on, he does not care where I was born. My skillset has nothing to do with it. Why is my application (which is based on that employer and my skillset) hostage to something that is not even in the equation? This country is about individual freedom. I am here and an applicant for GC as an individual. What do I have to do with others who apply?

    Fair? You decide.





    weasley
    07-30 08:29 PM
    Gave you green for making me laugh. I am adding step 8.

    8. When they ask you what you do in your free time tell them you watch porn and ma***te :eek:


    Travind I am not close to the family anymore I made the dude so uncomfortable he stopped calling me. Here are some avoidance techniques, but you need to be ballsy to pull them of and never exceed the limits of decency and you must have a sense of timing and humor to do these. I have used these techniques myself for avoidance
    1) Stare at his wife or sister and constantly compliment their looks, cooking, chai etc
    even in the worst case they are still trying to sell to you.

    There are more things to do but i'm guessing some other people will post their experiences , just one word of caution do not extend your torture because these people are human beings who have been proselytized by their diamonds etc that they dont realize and don't worry they will not learn from you.



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