BharatPremi
12-14 04:30 PM
I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
Would you please read all posts once again? And this time apply comprehension and analytical skills while reading all posts. I am sure you would quickly realize how wrong your judgement is.
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
Would you please read all posts once again? And this time apply comprehension and analytical skills while reading all posts. I am sure you would quickly realize how wrong your judgement is.
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rahulpaper
06-28 06:10 PM
and everyone started having a sane discussion...
hope fully this would help
http://www.imminfo.com/resources/cissop.html
Read couple of pages forward....thanks Ramba
All you guys forgetting main thing. Visa bulliton is not a law. It advises consular posts and USCIS to accept and approve 485s and schulde interviews in consular posts to issue IV. It is just a advisary notice to other federal agency by DOS. It is not a binding document.
The law is "an immigrant visa should immediatly available at the time of filing AOS application" . If visas number is not available on 3rd july, DOS has a right, under the federal law, to advise USCIS and consular posts to stop accepting and approving any applications and stop issuing IV at consular posts on any date.
If you need more evidence, browse the adjudicator field manual for 485. It says "unless any interm notice issued by DOS, visa number is available to all in entire month". Therefore the key is "unless any interm notice issued by DOS". If DOS issues notice to USCIS on June 3rd, USCIS has to stop accepting any 485.
hope fully this would help
http://www.imminfo.com/resources/cissop.html
Read couple of pages forward....thanks Ramba
All you guys forgetting main thing. Visa bulliton is not a law. It advises consular posts and USCIS to accept and approve 485s and schulde interviews in consular posts to issue IV. It is just a advisary notice to other federal agency by DOS. It is not a binding document.
The law is "an immigrant visa should immediatly available at the time of filing AOS application" . If visas number is not available on 3rd july, DOS has a right, under the federal law, to advise USCIS and consular posts to stop accepting and approving any applications and stop issuing IV at consular posts on any date.
If you need more evidence, browse the adjudicator field manual for 485. It says "unless any interm notice issued by DOS, visa number is available to all in entire month". Therefore the key is "unless any interm notice issued by DOS". If DOS issues notice to USCIS on June 3rd, USCIS has to stop accepting any 485.
dixie
02-13 01:01 AM
I thought the alien must be present on a dual intent non-immigrant visa to be eligible for AOS (I-485). I don't think people on F1/F4, B1/B2 are eligible to file for AOS while in the US. Consular Processing may be a different story.The H,L and O NIVs are the only ones that I know have dual intent.
They enter on visitors visas. Their I-94 card may be valid for 90 days or 180 days. They have a pre-arrangement with a company or relative to find a company who will file perm labor in eb2; file 140 and 485 and then stay and get their greencard this way. Since perm labors get approved very fast and ROW people are filing in eb2 then they are taking up the quota. Main requirement of filing 485 is one has to be in valid non immigrant status. Anyone who enters USA in non immigrant status (h-1, h-4, L-1, F-1, F-2, B-1/B-2, etc.) and can get a perm labor approved in eb2 and they are from row will get their greencard in less then six months.
They enter on visitors visas. Their I-94 card may be valid for 90 days or 180 days. They have a pre-arrangement with a company or relative to find a company who will file perm labor in eb2; file 140 and 485 and then stay and get their greencard this way. Since perm labors get approved very fast and ROW people are filing in eb2 then they are taking up the quota. Main requirement of filing 485 is one has to be in valid non immigrant status. Anyone who enters USA in non immigrant status (h-1, h-4, L-1, F-1, F-2, B-1/B-2, etc.) and can get a perm labor approved in eb2 and they are from row will get their greencard in less then six months.
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GCapplicant
01-22 02:26 PM
Recently , Immi officers are randomly dashing thru H1B sponsor companies ,where any H1B petitions have gone thru or waiting for renewal. NJ -
So guess its getting tougher - They have set of questions - from POEntry date with eaxct details of the petitioner.
How many H1's the company has issued , salary matching with Tax copies.
Guess - if the company has no base or structure , the so called employees name inot there physically or the whereabouts .
This happened today a checking in NJ. All the papers should be in hand
Its getting tougher
So guess its getting tougher - They have set of questions - from POEntry date with eaxct details of the petitioner.
How many H1's the company has issued , salary matching with Tax copies.
Guess - if the company has no base or structure , the so called employees name inot there physically or the whereabouts .
This happened today a checking in NJ. All the papers should be in hand
Its getting tougher
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timberlake
09-04 04:17 AM
What you have mentioned is the only good thing Mr. Backstabbing Naidu did. rest of AP is like Hell except Hyd... Govt employees pensions on the edge to be removed... Power charges increased 600% .. He is a next to dictator... one has to bow to his party men the villages or cities ... even a simple activity needs his partymen's approval... This is what makes difference... any politician is a politician... just a diff how one interacts with ppl makes one like YSR. undoubtedly there are poor ppl who got benefited from him. land sale was intially started by Mr. Naidu...
Btw he just had 2 acres of land now he is king of 2000+ Crores... think about it also... AP media has yellow fever...
Btw I am from AP and i take side and i went through it...
on part of Corruption... there is corruption with any party and in all stages of govt... But he is far far far better than dictator naidu ... no one bothered for him when he was almost attacked during once by naxals... think about it...
btw _TrueFacts_ you also look into these facts before commenting... may be you just have TDP/eenadu _YellowFacts_...
Btw he just had 2 acres of land now he is king of 2000+ Crores... think about it also... AP media has yellow fever...
Btw I am from AP and i take side and i went through it...
on part of Corruption... there is corruption with any party and in all stages of govt... But he is far far far better than dictator naidu ... no one bothered for him when he was almost attacked during once by naxals... think about it...
btw _TrueFacts_ you also look into these facts before commenting... may be you just have TDP/eenadu _YellowFacts_...
redcard
05-29 01:36 PM
For all those who are stating that filing in EB1 should not matter, please withdraw your application and let other people in line move ahead. Give me 1 simple reason, why should we not raise this issue. In hindi, there s an old saying "boondh boond karge ghara bartha hain"....
I will request all of you to send letters to USCIS to raise this issue and lets have a close scrutiny of all EB1 applicants received/filed....I understand that this is not the solution but i am pi***** at people using loopholes all the time.....
Well I am pissed with this whole set up of immigration in this country.. did not obama's campaign say " HOPE IS ON THE WAY".. well its seems for skilled immigrant workers it is " HOPE IS OFF THE WAY"
I will request all of you to send letters to USCIS to raise this issue and lets have a close scrutiny of all EB1 applicants received/filed....I understand that this is not the solution but i am pi***** at people using loopholes all the time.....
Well I am pissed with this whole set up of immigration in this country.. did not obama's campaign say " HOPE IS ON THE WAY".. well its seems for skilled immigrant workers it is " HOPE IS OFF THE WAY"
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walking_dude
02-13 02:11 PM
Most of these settlement suits were fought by organizations like American Baptist Churches, Catholic Church Services, AILF etc. Meaning, organizations which have a strong steady stream of revenue (unconnected to the lawsuit). Participants didn't have to pay any money out of pocket. And the organizations didn't have to raise money for the lawsuit.
IVs case will be different
1) Significant amount of funds will need to be raised. It will hamper other IV activities such as legislative and executive lobbying as contributions will get diverted. It will be hard to raise another 30k to lobby for adding IV provisions to any upcoming bill, if we are already in the middle of a 50k lawsuit.
2) We need to have a large number of plaintiffs ready to put their names on court papers. These plaintiffs also need to pay money for their participation.
Lawsuits do work. Apparently nobody checked the links I posted on page 1 so here are a few examples:
USCIS Settlement Notices and Agreements
American Baptist Churches v. Thornburgh (ABC) Settlement Agreement
Barahona-Gomez v Ashcroft
CSS
LULAC (Newman)
Ngwanyia v Gonzalez (Asylee Adjustment Case)
Notice of Proposed Settlement Agreement and Hearing in Kaplan, Et Al. v. Chertoff, Et Al., Civil Action No. 06-5304 in U.S. District Court for the Eastern District of Pennsylvania
Notice to Persons Whose Naturalization Applications Were Denied by the Seattle, Spokane or Yakima Immigration Service
Proyecto San Pablo v INS
Ramos v Chertoff (02 C 8266, Northern District, Illinois)
Walters v Reno
Settlement Agreement Signed! Details available by clicking here. --2/9/05
IMPLEMENTATION OF NGWANYIA (ASYLEE ADJUSTMENT CASE) SETTLEMENT AGREEMENT Ngwanyia v. Gonzales, No. 02-502 (RHK) (D. Minn).
If you were granted asylum in the United States and have a pending application for adjustment of status, this settlement applies to you. Please refer to http://www.uscis.gov/files/article/NgwanyiaVGonzales.PDF In recent years immigration law had allowed only 10, 000 asylees per year to adjust their status to Lawful Permanent Residents. Under the settlement agreement, United States Citizenship and Immigration Services (USCIS) will process an additional 31,000 asylee adjustments during the next three years. During fiscal year 2005, ending September 30, 2005, USCIS will process 8,000 of the additional 31,000, bringing the total number adjusted for the year to 18,000. USCIS will process at least 8,000 of the 31,000 during fiscal year 2006, (October 1, 2005 to September 30, 2006) with the remaining additional applications being processed in fiscal year 2007 (October 1, 2006 to September 30, 2007). The settlement also provides that asylees who have a pending application for adjustment of status may renew their employment authorization document (EAD) by requesting a multi-year EAD with a validity of up to five years. The multi-year EAD must be prepaid for the number of years requested. The cost of the multi-year EAD will be less than the cost of annual renewals by at least $20 per year. A requests for a fee waiver, if applicable, may be made pursuant to 8 C.F.R. � 103.7(c) Cost of multi-year EAD: 1 year card - $175.00 2 year card - $330.00 3 year card - $485.00
IVs case will be different
1) Significant amount of funds will need to be raised. It will hamper other IV activities such as legislative and executive lobbying as contributions will get diverted. It will be hard to raise another 30k to lobby for adding IV provisions to any upcoming bill, if we are already in the middle of a 50k lawsuit.
2) We need to have a large number of plaintiffs ready to put their names on court papers. These plaintiffs also need to pay money for their participation.
Lawsuits do work. Apparently nobody checked the links I posted on page 1 so here are a few examples:
USCIS Settlement Notices and Agreements
American Baptist Churches v. Thornburgh (ABC) Settlement Agreement
Barahona-Gomez v Ashcroft
CSS
LULAC (Newman)
Ngwanyia v Gonzalez (Asylee Adjustment Case)
Notice of Proposed Settlement Agreement and Hearing in Kaplan, Et Al. v. Chertoff, Et Al., Civil Action No. 06-5304 in U.S. District Court for the Eastern District of Pennsylvania
Notice to Persons Whose Naturalization Applications Were Denied by the Seattle, Spokane or Yakima Immigration Service
Proyecto San Pablo v INS
Ramos v Chertoff (02 C 8266, Northern District, Illinois)
Walters v Reno
Settlement Agreement Signed! Details available by clicking here. --2/9/05
IMPLEMENTATION OF NGWANYIA (ASYLEE ADJUSTMENT CASE) SETTLEMENT AGREEMENT Ngwanyia v. Gonzales, No. 02-502 (RHK) (D. Minn).
If you were granted asylum in the United States and have a pending application for adjustment of status, this settlement applies to you. Please refer to http://www.uscis.gov/files/article/NgwanyiaVGonzales.PDF In recent years immigration law had allowed only 10, 000 asylees per year to adjust their status to Lawful Permanent Residents. Under the settlement agreement, United States Citizenship and Immigration Services (USCIS) will process an additional 31,000 asylee adjustments during the next three years. During fiscal year 2005, ending September 30, 2005, USCIS will process 8,000 of the additional 31,000, bringing the total number adjusted for the year to 18,000. USCIS will process at least 8,000 of the 31,000 during fiscal year 2006, (October 1, 2005 to September 30, 2006) with the remaining additional applications being processed in fiscal year 2007 (October 1, 2006 to September 30, 2007). The settlement also provides that asylees who have a pending application for adjustment of status may renew their employment authorization document (EAD) by requesting a multi-year EAD with a validity of up to five years. The multi-year EAD must be prepaid for the number of years requested. The cost of the multi-year EAD will be less than the cost of annual renewals by at least $20 per year. A requests for a fee waiver, if applicable, may be made pursuant to 8 C.F.R. � 103.7(c) Cost of multi-year EAD: 1 year card - $175.00 2 year card - $330.00 3 year card - $485.00
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peacocklover
09-25 04:17 PM
Fantastic idea, it will bring OXYGEN to this bedridden economy. We need to contact real estate media channels like HDTV for the support to project through their media.
more...
garybanz
12-14 11:58 AM
"The SC concluded that the statutory discrimination within the class of aliens is permissible."
This could justify difference in say EB1, EB2 and EB3 or F visa, H Visa and L visa. How ever there is no mention that discrimination could be on the basis of sex/race/country of origin etc. IMHO an extension of standard EEO laws should be applied for EB class immigration too.
NB: I am an HR consultant and an expert on EEO laws, I still think that this discussion is worth taking to a top constitutional attorney. An hour of his time will cost peanuts compared to what we can possibly get out of this.
This could justify difference in say EB1, EB2 and EB3 or F visa, H Visa and L visa. How ever there is no mention that discrimination could be on the basis of sex/race/country of origin etc. IMHO an extension of standard EEO laws should be applied for EB class immigration too.
NB: I am an HR consultant and an expert on EEO laws, I still think that this discussion is worth taking to a top constitutional attorney. An hour of his time will cost peanuts compared to what we can possibly get out of this.
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r2i2009
01-18 08:11 PM
Still Desi companies are not following Labor laws.
I know a company in OHIO still exploiting H1Bs......but payroll being generated....
Hmmmmmm......USCIS this is not enough.
I know a company in OHIO still exploiting H1Bs......but payroll being generated....
Hmmmmmm......USCIS this is not enough.
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hiralal
05-01 11:22 PM
friends lets not fight and over estimate ourselves ..we cannot do anything to solve or highlight our own issues ..then how can we do anything about something happening far away !!!
that being said ..both sides are to be blamed ..SL and Tamil leaders in SL.
SL because they treated tamils as second class citizens even though they were born in SL ..and tamil leaders because they did not accept peace offers / try to give up violence ..
and don't compare this to kashmir ..Kashmiris (except the pandits) are not second class ..they have super / very high class status .
as for congress party (India) ..it is the biggest villian ..why did it send army to SL ..Rajiv Gandhi should have sent his relatives first
that being said ..both sides are to be blamed ..SL and Tamil leaders in SL.
SL because they treated tamils as second class citizens even though they were born in SL ..and tamil leaders because they did not accept peace offers / try to give up violence ..
and don't compare this to kashmir ..Kashmiris (except the pandits) are not second class ..they have super / very high class status .
as for congress party (India) ..it is the biggest villian ..why did it send army to SL ..Rajiv Gandhi should have sent his relatives first
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Macaca
07-04 08:48 AM
Do you need any help? We asked others to give their input and they are doing it here. Let us know how else we can help you.
Firstly, we need to identify all issues as bullet points. This is the outline/skelton. Then, we choose words to express the bullet points.
These issues were mentioned in the 100 page other thread. Please scan it and post all issues in this thread. I will keep adding them to my original post. Check the time updated on that post to make sure that I have included your issue.
Since Zoe Lofgren is also saying that it may be illegal, looks like it may be illegal. Zoe worked in USCIS before.
Just woke up. Good Morning!
Firstly, we need to identify all issues as bullet points. This is the outline/skelton. Then, we choose words to express the bullet points.
These issues were mentioned in the 100 page other thread. Please scan it and post all issues in this thread. I will keep adding them to my original post. Check the time updated on that post to make sure that I have included your issue.
Since Zoe Lofgren is also saying that it may be illegal, looks like it may be illegal. Zoe worked in USCIS before.
Just woke up. Good Morning!
more...
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msp1976
02-18 11:28 AM
This is an excellent analysis of why do you see so many EB based immigrants from India and not from other places...The same arguments can apply almost identically to the Chinese immigrants...
http://www.businessweek.com/smallbiz/content/sep2006/sb20060913_157784.htm?chan=search
I have been following your arguments and I get a sense that though not explicitly anti immigrants, you are opposed to any concentration of EB immigrants from any particular place..It just happens so that at this time it happens to be the Indians....
But a large concentration of Indians in this immigrant category is not an accident....nor is it just because of people preferring their kins for sponsoring....But because of the numerous facts enumerated in this article.....
Of course you can dismiss this argument as Indians promoting themselves...but what the heck... I have to at least try...
http://www.businessweek.com/smallbiz/content/sep2006/sb20060913_157784.htm?chan=search
I have been following your arguments and I get a sense that though not explicitly anti immigrants, you are opposed to any concentration of EB immigrants from any particular place..It just happens so that at this time it happens to be the Indians....
But a large concentration of Indians in this immigrant category is not an accident....nor is it just because of people preferring their kins for sponsoring....But because of the numerous facts enumerated in this article.....
Of course you can dismiss this argument as Indians promoting themselves...but what the heck... I have to at least try...
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NolaIndian32
10-29 05:09 PM
This makes sense, exempt those who can buy a house or continue to own a house from the current VISA bulletin. Is this feasible, who knows!?!
Giving GC's for buying home seems toomuch biased and benefits only a subset of EB, and totally shifts the basis of the EB category.
On the other hand, if their visas can be exempted from the visa numbers(annual quota), but still tied to the visa dates being current for their priority dates, this will benefit the entire community and law makers can justify the approach without stiff oppositions, if any. To me this feels lot more reasonable and everyone(EB applicants) will evenly benefit from this.
Almost 20-30% of the Eb appl. from 2001-2005 should be already in a position to buy or bought a home. That should help dates move faster for older dates.
Just a thought. But this alone will NOT resolve all our issues and backlogs. Just speedsup the date movement in a steadily manner.
Giving GC's for buying home seems toomuch biased and benefits only a subset of EB, and totally shifts the basis of the EB category.
On the other hand, if their visas can be exempted from the visa numbers(annual quota), but still tied to the visa dates being current for their priority dates, this will benefit the entire community and law makers can justify the approach without stiff oppositions, if any. To me this feels lot more reasonable and everyone(EB applicants) will evenly benefit from this.
Almost 20-30% of the Eb appl. from 2001-2005 should be already in a position to buy or bought a home. That should help dates move faster for older dates.
Just a thought. But this alone will NOT resolve all our issues and backlogs. Just speedsup the date movement in a steadily manner.
more...
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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 ???
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go_guy123
05-10 01:04 AM
You are right on the mark. Need to be physically present 2 years of the next 5 years for your immigration status to be alive in Canada,
Yes true you might as well stay for 3 years and be eligible for citizenship.
Yes true you might as well stay for 3 years and be eligible for citizenship.
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voldemar
04-28 01:16 PM
so no more labor substitution han? that sounds so sweet to me. we should expect pd movement for eb3 now and maybe for eb2 too now. and this is the best news i have heard in such a long time.
Not yet. Rule should be published in Federal Register.
Not yet. Rule should be published in Federal Register.
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GC08
01-28 04:09 PM
:mad: They should stop the so called substitution.
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ramus
07-03 09:43 PM
No problem.. Fund drive is important ...
sorry :D
this one time pls allow us to post contribution thread here..
sorry :D
this one time pls allow us to post contribution thread here..
RNGC
07-25 03:31 PM
My H1 B was valid till March 2008, My employer filed for a 3 yr extension and got it approved.
Have applied for 485/AP/EAD during July 2007.....
Went to India and came back using AP. Now have I-94 as Parolee till Sep 2009.
1. Am I still on H1 Or EAD ? My employer says I have nothing to do. I work for the same employer who sponsered my GC..
2. Do I have to do any paper work after Sep 2009 (date in I-94)
Appreciate your response.
Have applied for 485/AP/EAD during July 2007.....
Went to India and came back using AP. Now have I-94 as Parolee till Sep 2009.
1. Am I still on H1 Or EAD ? My employer says I have nothing to do. I work for the same employer who sponsered my GC..
2. Do I have to do any paper work after Sep 2009 (date in I-94)
Appreciate your response.
unseenguy
08-16 09:15 PM
In 2000 December, I was travelling to Sydney from Mumbai Airport. I was held and later interviewed separately by a Tamil Speaking officer. Just because my name resembled like Srilankan Tamil. They wanted to ensure that I am not LTTE/or refugee travelling to Australia. Well, I was not offended. I just thought if these idiots have been careful before then would have avoided assasination of Rajiv Gandhi.
Sure. If its done in a respectable manner its fine with some humor and jokes added and officer can do his part to diffuse the frustration. But CBP officers in US are rude and its well known fact.
Indian customs officers are also no angels, Usually there is no profiling in India. I never ever faced a single question or treatment that was different than others. Nor did I see anyone being singled out.
When you frisk abdul kalam when you know he is ex president. When you frisk george fernandes when he has diplomatic passport , when you detain SRK when others are vouching for it, when you handcuff Gates. Its profiling. Once in a while incident that is done in respectable humorous way can be forgotten, not the rude ones. I am sure officer was damn rude to piss off srk.
Sure. If its done in a respectable manner its fine with some humor and jokes added and officer can do his part to diffuse the frustration. But CBP officers in US are rude and its well known fact.
Indian customs officers are also no angels, Usually there is no profiling in India. I never ever faced a single question or treatment that was different than others. Nor did I see anyone being singled out.
When you frisk abdul kalam when you know he is ex president. When you frisk george fernandes when he has diplomatic passport , when you detain SRK when others are vouching for it, when you handcuff Gates. Its profiling. Once in a while incident that is done in respectable humorous way can be forgotten, not the rude ones. I am sure officer was damn rude to piss off srk.