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  • delax
    07-14 04:49 PM
    Its neither appropriate to exclaim like this.Whateverthe case may be it is ofcourse njustice to EB3.

    And how is this an injustice to EB3-I when EB3-I has always been behind EB2-I in the pecking order under either interpretation of the law.

    The attempt to equate EB2-I to EB3-I on compassionate grounds quite frankly is laughable - sorry, I have to call it as I see it. Quite the contrary, injustice to EB2 has been corrected and I welcome that.

    People seem to be suddenly forgetting that there is a clear preference established for each EB category. The real anguish here is to see EB2-I go ahead of EB3-I. Have the courage of conviction to say so.





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  • pointlesswait
    08-06 10:37 AM
    too bad this discussion is still on!
    its all about which side of the fence you are on!

    i dont think anyone is cutting the line...there were already there..well before you ..they just rejoined with the right set of documents..

    if you are willing to stick around for 10 years in the same job.. doing the same thing...hoping for ur GC to come thru...so that u can switch..then good luck to you..

    i am sure WHEN USCIS formulated the law..they would have had this discussion...of how to accomodate "high skilled" workers..who climb the ladder ..and who aquire better qualification...and who have the b***s to change jobs and not be slaves to GC process.. this law is them..

    Go ahead and file the case rolling stone...i will be the first to oppose it...c u in the battelground..;-)

    in this context...i am a Pandu..u are a gandu..(pun intended)




    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

    Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

    Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.

    Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
    EB3 means there are a lot like u, so u gotta wait more. Period.





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  • bkarnik
    08-06 10:38 AM
    This subtlety does not matter. From USCIS point of view, if you entered on Lion Visa you are a Lion, if you came in on Monkey visa you are a monkey. These visas are not based on your genetic makeup, but on the fact that under what category your zoo (employer) filed your visa. Otherwise how come monkeys interfiled and became Lion?? :D:D

    I worry about the poor Lion on a Monkey visa...in his anxiety to get a green card and finally be able to roar like a lion again he may also start to suffer from the COLTS disease...poor Lion on a Monkey visa suffering from COLTS!!:D:D:D:D





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  • immique
    07-14 11:07 PM
    I think EB3 India may be the unintended beneficiary of the appropriate interpretation of the spill over of visa into retrogressed EB2 countries. I suspect that once EB2 India and China are current, the remaining visas will spill over into EB3. Thay do NOT spill over into EB3 ROW only but will spill over into EB3 as a whole. the reason for this is as both EB3 ROW and EB3 India are retrogressed, both these categories will advance equally as EB2 I and EB2 China are doing currently. I strongly think this will be the likely outcome next year and so EB3 India should see the PD movement approximately the same as EB3 ROW- but this will happen only when EB2 is current and the spill over reaches EB3 (this will likely happen in the final quarter of 2009)

    but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.

    The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
    Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
    There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
    Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
    The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.

    Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.



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  • pitha
    04-08 11:57 AM
    Guys you are unnecessarily raking your brain over this. This is a blatant anti immigrant anti eb green card bill disguised as h1 reform. The people who wrote this bill are the same people who were carrying placards saying "legal immigrants welcome, no to illegal immigration". Now do you really believe them? Even Jeff sessions was one of them and he is the number one opposer of legal eb immigrants.


    Oh ok. Sorry, I was not sure about the message of your earlier post.

    And for this purpose, the provisions which seem to be protecting H1 employees are actually falling short of providing any protection to make H1 program more efficient. At the same time, the bill is imposing so many restrictions that it would make the entire H1 program "non-workable" and "useless", as highlighted by the administrator.





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  • senthil1
    05-16 06:17 PM
    Nowadays LCA becomes just a documentation and it does not prevent displacement or any abuse. It may be true that DOL may not have authority and resource to prevent abuse.

    Why someone whose permanent labor certificate is approved should have to go thru the process of adertising when his or her H1 is up for renewal? Can you please explain me what is the intent of permanent labor certificate as opposed to LCA in H1?



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  • gcgreen
    08-06 01:03 PM
    Excellent point.

    Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

    ...

    (2) Definitions. As used in this section:

    Advanced degree

    means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

    ======================================



    ____________________________
    US Permanent Resident since 2002





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  • rsdang
    08-29 10:58 AM
    :D We've all been there, but don't like to admit it. We've all kicked

    back in our cubicles and suddenly felt something brewing down below. As

    much as we try to convince ourselves otherwise, the WORK POOP is

    inevitable.

    For those who hate pooping at work, following is the Survival Guide

    for Taking a dump at work.



    *CROP DUSTING* - When farting, you walk really fast around the

    office so the smell is not in your area and everyone else gets a whiff, but no

    one knows where it came from. Be careful when you do this. Do not stop

    until the full fart has been expelled. Walk an extra 30 feet to make sure

    the smell has left your pants.



    *FLY BY* - The act of scouting out a bathroom before pooping. Walk

    in and check for other poopers. If there are others in the bathroom,

    leave and come back again. Be careful not to become a FREQUENT FLYER.

    People may become suspicious if they catch you constantly going into the bathroom.



    *ESCAPEE* - A fart that slips out while taking a pee or forcing a

    poop in a stall. This is usually accompanied by a sudden wave of

    embarrassment. If you release an escapee, do not acknowledge it.

    Pretend it did not happen. If you are a man and are standing next to the farter in the urinal,

    pretend you did not hear it. No one likes an escapee. It is uncomfortable for all involved.

    Making a joke or laughing makes both parties feel uneasy.



    *JAILBREAK*- When forcing a poop, several farts slip out at a machine

    gun pace. This is usually a side effect of diarrhea or a hangover.

    If this should happen, do not panic. Remain in the stall until everyone has

    left the bathroom to spare everyone the awkwardness of what just occurred.


    *COURTESY FLUSH* - The act of flushing the toilet the instant the

    poop hits the water. This reduces the amount of air time the poop has to

    stink up the bathroom. This can help you avoid being caught doing the

    WALK OF SHAME.



    *WALK OF SHAME* - Walking from the stall-to the sink-to the door

    after you have just stunk up the bathroom. This can be a very uncomfortable

    moment if someone walks in and busts you. As with farts, it is best to

    pretend that the smell does not exist.--Can be avoided with the use of

    the COURTESY FLUSH.


    *OUT OF THE CLOSET POOPER* - A colleague who poops at work and is

    Dog-gone proud of it. You will often see an Out-Of-The-Closet Pooper

    enter the bathroom with a newspaper or magazine under their arm.

    Always look around the office for the Out-Of- The-Closet Pooper before

    entering the bathroom.



    *THE POOPING FRIENDS NETWORK (P.F.N)* A group of co-workers who band

    together to ensure emergency pooping goes off without incident. This

    group can help you to monitor the whereabouts of Out-Of-The-Closet

    Poopers and identify SAFE HAVENS.



    *SAFE HAVENS* A seldom-used bathroom somewhere in t he building

    where you can least expect visitors. Try floors that are predominantly of

    the opposite sex. This will reduce the odds of a pooper of your sex

    entering the bathroom.



    *TURD BURGLAR* - Someone who does not realize that you are in the

    stall and tries to force the door open. This is one of the most shocking

    and vulnerable moments that can occur when taking a poop at work. If

    this occurs, remain in the stall until the Turd Burglar leaves. This way

    you will avoid all uncomfortable eye contact.



    *CAMO-COUGH* A phony cough that alerts all new entrants into the

    bathroom that you are in a stall. This can be used to cover-up a

    WATERMELON, or to alert potential *Turd Burglars* - Very effective when used in conjunction with a

    SHIRLEY TEMPLE .



    *SHIRLEY TEMPLE* - A subtle toe-tapping that is used to alert

    potential Turd Burglars that you are occupying a stall. This will remove all

    doubt that the stall is occupied. If you hea r a SHIRLEY TEMPLE, leave the

    bathroom immediately so the pooper can poop in peace.



    *WATERMELON* - A poop that creates a loud splash when hitting the

    toilet water. This is also an embarrassing incident. If you feel a

    Watermelon coming on, create a diversion. See CAMO-COUGH.



    *HAVANAOMELET* - A case of diarrhea that creates a series of loud

    splashes in the toilet water--often accompanied by an Escapee. Try

    using a CAMO-COUGH with a SHIRLEY TEMPLE.



    *AUNT BETTY* - A bathroom user who seems to linger around

    forever...Could spend extended lengths of time in front of the

    mirror or sitting on the pot.

    An AUNT BETTY makes it difficult to relax while on the crapper, as

    you should always wait to poop when the bathroom is empty. This benefits

    you as well as the other bathroom attendees



    ************************************************** ******************

    SOME VARIETIES~



    *The King Poop* - This kind is the kind of poop that killed Elvis.

    It doesn't come until you're all sweaty, trembling and purple from

    straining so hard.



    *Bali Belly Poop* - You poop so much you lose 5 lbs.



    *Cement Block* - You wish you'd gotten a spinal block before you

    poop.



    *Cork Poop* - (Also Known as Floater Poop) = Even after the third

    flush, it's still floating in there. How do I get rid of it? This poop

    usually happens at someone else's house.



    *The Bungee Poop* - The kind of poop that just hangs off your rear

    before it falls into the water.



    *The Crippler* - The kind of poop where you have to sit on the

    toilet so long your legs go numb from the waist down.



    *The Chitty Chitty Bang Bang* - The kind of poop that hits you when

    you're trapped in your car in a traffic jam.



    *The Party Pooper* - The giant poop you take at a party and, when

    you flush the toilet, you watch in horror as the water starts to rise.



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  • Macaca
    05-18 05:36 PM
    Moving back to America
    The dwindling allure of building factories offshore (http://www.economist.com/node/18682182)
    The Economist

    �WHEN clients are considering opening another manufacturing plant in China, I�ve started to urge them to consider alternative locations,� says Hal Sirkin of the Boston Consulting Group (BCG). �Have they thought about Vietnam, say? Or maybe [they could] even try Made in USA?� When clients are American firms looking to build factories to serve American customers, Mr Sirkin is increasingly likely to suggest they stay at home, not for patriotic reasons but because the economics of globalisation are changing fast.

    Labour arbitrage�taking advantage of lower wages abroad, especially in poor countries�has never been the only force pushing multinationals to locate offshore, but it has certainly played a big part. Now, however, as emerging economies boom, wages there are rising. Pay for factory workers in China, for example, soared by 69% between 2005 and 2010. So the gains from labour arbitrage are starting to shrink, in some cases to the point of irrelevance, according to a new study by BCG.

    �Sometime around 2015, manufacturers will be indifferent between locating in America or China for production for consumption in America,� says Mr Sirkin. That calculation assumes that wage growth will continue at around 17% a year in China but remain relatively slow in America, and that productivity growth will continue on current trends in both countries. It also assumes a modest appreciation of the yuan against the dollar.

    The year 2015 is not far off. Factories take time to build, and can carry on cranking out widgets for years. So firms planning today for production tomorrow are increasingly looking close to home. BCG lists several examples of companies that have already brought plants and jobs back to America. Caterpillar, a maker of vehicles that dig, pull or plough, is shifting some of its excavator production from abroad to Texas. Sauder, an American furniture-maker, is moving production back home from low-wage countries. NCR has returned production of cash machines to Georgia (the American state, not the country that is occasionally invaded by Russia). Wham-O last year restored half of its Frisbee and Hula Hoop production to America from China and Mexico.

    BCG predicts a �manufacturing renaissance� in America. There are reasons to be sceptical. The surge of manufacturing output in the past year or so has largely been about recovering ground lost during the downturn. Moreover, some of the new factories in America have been wooed by subsidies that may soon dry up. But still, the new economics of labour arbitrage will make a difference.

    Rather than a stampede of plants coming home, �higher wages in China may cause some firms that were going to scale back in the US to keep their options open by continuing to operate a plant in America,� says Gary Pisano of Harvard Business School. The announcement on May 10th by General Motors (GM) that it will invest $2 billion to add up to 4,000 jobs at 17 American plants supports Mr Pisano�s point. GM is probably not creating many new jobs but keeping in America jobs that it might otherwise have exported.

    Even if wages in China explode, some multinationals will find it hard to bring many jobs back to America, argues Mr Pisano. In some areas, such as consumer electronics, America no longer has the necessary supplier base or infrastructure. Firms did not realise when they shifted operations to low-wage countries that some moves �would be almost irreversible�, says Mr Pisano.

    Many multinationals will continue to build most of their new factories in emerging markets, not to export stuff back home but because that is where demand is growing fastest. And companies from other rich countries will probably continue to enjoy the opportunity for labour arbitrage for longer than American ones, says Mr Sirkin. Their labour costs are higher than America�s and will remain so unless the euro falls sharply against the yuan.

    There�s no place like home

    The opportunity for labour arbitrage is disappearing fastest in basic manufacturing and in China. Other sectors and countries are less affected. As Pankaj Ghemawat, the author of �World 3.0�, points out, despite rapidly rising wages in India, its software and back-office offshoring industry is likely to retain its cost advantage for the foreseeable future, not least because of its rapid productivity growth.

    Nonetheless, a growing number of multinationals, especially from rich countries, are starting to see the benefits of keeping more of their operations close to home. For many products, labour is a small and diminishing fraction of total costs. And long, complex supply chains turn out to be riskier than many firms realised. When oil prices soar, transport grows dearer. When an epidemic such as SARS hits Asia or when an earthquake hits Japan, supply chains are disrupted. �There has been a definite shortening of supply chains, especially of those that had 30 or 40 processing steps,� says Mr Ghemawat.

    Firms are also trying to reduce their inventory costs. Importing from China to the United States may require a company to hold 100 days of inventory. That burden can be handily reduced if the goods are made nearer home (though that could be in Mexico rather than in America).

    Companies are thinking in more sophisticated ways about their supply chains. Bosses no longer assume that they should always make things in the country with the lowest wages. Increasingly, it makes sense to make things in a variety of places, including America.


    Fair Trade Revealed As Feel-Good Hoax (http://mungowitzend.blogspot.com/2011/05/fair-trade-revealed-as-feel-good-hoax.html) By Mungowitz | Kids Prefer Cheese
    Digging Deeper Into What Caused Job Losses (http://economix.blogs.nytimes.com/2011/05/18/digging-deeper-into-what-caused-job-losses/) By CASEY B. MULLIGAN | Economix
    What's Wrong With Tech CEOs? (http://online.wsj.com/article/SB10001424052748703509104576329112614004894.html) By HOLMAN W. JENKINS, JR. | Wall Street Journal
    In Hiring, Firms Shine Images (http://online.wsj.com/article/SB10001424052748704810504576307210092435484.html) By JOE LIGHT | Wall Street Journal
    The Great Recession's lost generation (http://money.cnn.com/2011/05/17/news/economy/recession_lost_generation/index.htm) By Chris Isidore | CNNMoney
    Top 10 Thriving Industries (http://blogs.wsj.com/economics/2011/05/16/top-10-thriving-industries/) By Phil Izzo | Wall Street Journal





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  • lfwf
    08-05 03:09 PM
    Never said that. That was just a "story" response to a "story" post. The intent of the post is DO NOT TRY TO FRAME THE ISSUE IN ONE STORY. THERE ARE MANY STORIES.

    True.

    However you offered no answer to the original question raised by the "story". If you spend years doing an advanced degree instead of working with a bachelors, should you be penalized for all those years? many of us are being penalized. We get PDs when we finally start working. And folks who port based on experience working during that time then jump ahead of us in EB2.
    You will have to explain how this is fair.

    Instead of addressing the issue you threw in the red herring about rich kids. That was uncalled for in this debate. How do we know the EB3 bachelors was not paid for by rich parents? And are we now to penalize those with rich parents?

    I worked through many years and educated myself highly. Now I am to be told that anyone who came to the US with me OR after me and managed to get a job early on and a PD, has to be ahead of me because they were "waiting"? So I was not waiting just because I got advanced degrees and had to wait for my PD? Why do you think preference categories were created at all? Why not just one big pool?



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  • willwin
    07-13 04:46 PM
    My intent is to get someone to write a good letter that makes a compelling case for EB3 reform. No ranting, whining, pleading, no envy ......... just an eager, passionate appeal for broad reform.

    We are in an English Speaking nation - to succeed we must write and speak well in English - No EXCUSES. Good writing is an acquired skill.

    The letter will not be very effective it is misdirected - write to congress not DOS/DOL/DHS.

    EB3 members - please draft a passionate letter(s) express the pain (not frustration)....

    I agree! Guys, can some one who is good in drafting letter like this one come forward and volunteer?

    The person, can either take inputs and then draft a letter or come up his/her own and then look for suggestions.


    Thoughts?





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  • Macaca
    12-21 10:53 AM
    Bush boxed in his congressional foes (http://www.latimes.com/news/printedition/front/la-na-congress21dec21,1,2311328.story) Democrats took the Hill but were stymied by a steadfast president By Janet Hook | LA Times, Dec 21, 2007

    WASHINGTON � Just over a year ago, a chastened President Bush acknowledged that his party had taken a "thumping" in the congressional elections, and he greeted the new Democratic majority at the weakest point of his presidency.

    But since then, Democrats in Congress have taken a thumping of their own as Bush has curbed their budget demands, blocked a cherished children's health initiative, stalled the drive to withdraw troops from Iraq and stymied all efforts to raise taxes.

    Rather than turn tail for his last two years in the White House, Bush has used every remaining weapon in his depleted arsenal -- the veto, executive orders, the loyalty of Republicans in Congress -- to keep Democrats from getting their way.He has struck a combative pose, dashing hopes that he would be more accommodating in the wake of his party's drubbing in the 2006 midterm voting.

    Bush's own second-term domestic agenda is a shambles: His ambitions to overhaul Social Security and immigration law are dead; plans to update his signature education program have foundered; few other initiatives are waiting in the wings.

    But on a host of foreign and domestic policy issues, backed by a remarkably disciplined Republican Party in the House and Senate, Bush has been able to confound Democrats. It has been a source of great frustration to the party that came to power with sky-high expectations and the belief it had a mandate for change. And it is a vivid reminder of how much clout even a weakened president can have -- especially one as single-minded as Bush.

    "We have custody of Congress, but we don't have control," said Rep. Howard L. Berman (D-Valley Village). "Bush has shown, time and again, that he's a very stubborn guy. November 2006 didn't change that."

    Many Republicans have been surprised and impressed with Bush's continuing power -- even when he has used it to ends they disagreed with.

    "At the beginning of the year, most of us viewed the president as having less control over the process than ever," said Rep. Michael N. Castle (R-Del.), a moderate who voted against Bush on healthcare, the budget and other issues. "But this year, he realized more goals than in a lot of the years when he had Republicans controlling Congress."

    At a news conference Thursday after Congress adjourned for the year, Bush had kind words for much of Congress' work and did not gloat over his success in keeping Democrats' ambitions in check.

    "What ended up happening was good for the country," he said.

    Democrats blamed this year's congressional gridlock on Bush, but his inflexibility on key issues was just one factor.

    Republican lawmakers showed scant interest in compromise. Democrats were riven by internal divisions. And Bush did little to unite rather than divide the factions on Capitol Hill. He did not much resemble the kind of politician he was as governor of Texas, when he forged a strong relationship with the Democratic lieutenant governor.

    Immediately after the 2006 election, it looked as if Bush might offer Democrats an olive branch and set a more bipartisan tone. He let go controversial Defense Secretary Donald H. Rumsfeld. He called incoming House Speaker Nancy Pelosi (D-San Francisco) at home on Christmas. After years of ignoring congressional Democrats, he began inviting them by the dozen to the White House to hear them out.

    But the honeymoon did not last long. Democrats were furious when, after an election they believed was a mandate to withdraw U.S. troops from Iraq, Bush in January announced a buildup. A few weeks later, he went around Congress and issued an executive order giving the White House greater control over the rules and policies issued by regulatory agencies. White House meetings with Democrats turned partisan -- and then petered out. Bush repeatedly reached for the bluntest of presidential tools -- the veto.

    His first veto this year nixed a war spending bill that included a timetable for withdrawing from Iraq. Democrats' promise to press the issue all year lost steam after testimony in September from the top commander in Iraq, Army Gen. David H. Petraeus, instilled confidence in Republicans whose commitment to the war had grown shaky. Without more GOP defections, Democrats in the Senate were powerless to undercut Bush's war policy.

    Bush also wielded his veto power to great effect on domestic issues.

    He blocked Democratic efforts to expand stem cell research, a popular bill that had broad bipartisan support. The failed effort to override that veto provided a window onto a dynamic that was key to Bush's source of strength throughout the year: Many moderate Republicans parted ways with the president on the stem cell override vote -- as they later did on his veto of the children's health bill -- but there were enough conservatives who agreed with him to sustain his vetoes.

    Bush issued a barrage of veto threats to curb Democrats' domestic spending plans -- an effort that helped him regain some favor among fiscal conservatives who had lambasted him for allowing the Republican-controlled Congress to jack up spending to record levels.

    "Fiscal conservatives can see the president getting stronger on spending this year than in the previous six years," said Brian Riedl, a budget expert at the Heritage Foundation.

    Democrats had wanted to add $22 billion to Bush's funding request. But he drew a line in the sand and guarded it for months. He vetoed a bill packed with spending for education, health and other popular programs. The final budget approved this week adhered to his overall spending limit -- and dropped riders on abortion and other issues he objected to. And it included the money for the Iraq war with no strings attached.

    Bush also held the line against Democrats' efforts to raise taxes, which they proposed to offset the costs of new health spending, energy programs and a middle-class tax break. Faced with Bush's veto, Democrats could not enact taxes on such inviting targets as cigarettes, wealthy hedge-fund managers and big oil companies.

    Bush's Republican allies were almost giddy with their unexpected success.

    "Who would have thought a year ago that Democrats would have come down to the president's budget number, that we would be ending the year by funding the troops in Iraq and Afghanistan, and that we could complete the year without raising taxes on the American people?" said Senate Minority Leader Mitch McConnell (R-Ky.). "And all despite having a Democrat majority in Congress."

    Heading into the 2008 elections, Democrats will have to keep their supporters from becoming demoralized over not being able to deliver more with their majority.

    "It's hard for them to understand, and it's even harder for us to live with," said Senate Majority Whip Richard J. Durbin (D-Ill.).

    But Democrats are trying to turn their tribulations into a campaign issue by telling voters that the party will not really have a working majority until they expand their Senate caucus from the current 51 to 60 -- the number they need to block GOP filibusters and other stalling tactics.

    The tag line on a fundraising pitch by the Democratic Senatorial Campaign Committee: "51 seats is not enough. Help us turn our country around."

    Acknowledging that GOP victories this year consisted simply of blocking Democrats, some Republicans say they will have to develop a more positive agenda to build a successful political brand. Said Rep. Fred Upton (R-Mich.), "The product we're selling is negative."



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  • GCwaitforever
    07-17 06:22 AM
    This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.

    My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.

    My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.

    Please correct if I'm wrong. I really would like to get this right.

    Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.

    Members of Immigration voice are already on H-1B and would like to become permanent residents. Family members come on a dependent visa H4. H4 numbers are not counted in the overall H-1B numbers as H4 dependents can not work. H-1B numbers do not have any country specific quotas and already exclude spouses and dependent children.

    Increase/decrease in H-1B numbers should be market-driven. This is my personal opinion.

    The bigger concern is becoming a permanent resident. Green card numbers are limited. There are country specific quotas. Spouses and children are counted in the total numbers. Because there are more H-1B people from India and China (mostly graduates of US universities or come on H-1B directly), the queue is longer for these people and it takes even longer to get a VISA number for these folks.

    Instant Green card is the Utopia. There are other practical solutions for this problem. I listed them in sequence of my personal preference. Others may choose differently.

    1. USCIS processing efficiency: Many of the delays are due to USCIS and related agency processing capability. If we speed up this and increase effiiciencies, the wait would be lesser.

    2. Allowing to file for Adjustment of status (I-485) without current priority date: This gives the employees a work permit and makes it easier for their spouses to pursue their own ambitions. After six months of filing for I-485, the employee is a free bird to choose different employer, for a similar job position.

    3. Pre-adjudication of Greencards: This completes the ordeal of USCIS paper maze even when VISA numbers are not available. Applicants will get Green card when the VISA number is available and in the interim they will get the work permit.

    4. Recapture unused VISA numbers: For the past ten years, USCIS never used up VISA numbers allocated per year because of processing inefficiencies. They should be recaptured and applied to the people waiting in queues longer.

    5. Not counting spouses and dependents: When they come into this country, spouses and children are not counted in H-1B numbers. It does not seem logical to count them against VISA numbers while giving permanent residency. Spouses and children should be skipped from this count.

    6. No country based quotas: Again the same argument. When H-1B holders come into this country, they are not discriminated by country of origin. While applying for permanent residency, they are in strict quotas. Why put this restriction for Employment-based immigration? It is not logical and there should not be any country specific quotas.

    7. Exempting STEM: This is in the SKIL bill under consideration. Those with Ph. D, and Masters in Science/Technology/Engineering/Mathematics are allowed to adjust their status without waiting for VISA numbers.

    8. Increasing VISA numbers: This is a quick fix solution. What guarantee does it give that we do not find ourselves in this immigration mess again after five/ten years?

    If AFL-CIO supports these initiatives, it would be great for the cause of Immigration voice.:)





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  • hopefulgc
    08-11 04:32 PM
    get outta town.. that hilarious:D

    hey, this happened right in front of eyes!! I can NEVER EVER forget it!!

    My colleague was getting laid off in a month, so she was trying to find a project elsewhere. She was sitting a few yards away from me when she got a call for an interview. And I saw her coming towards me with a total white face (if there is an expression like this).

    I asked her what happened..

    She said "How can they do that?"
    "This is not good."
    "Don't they know how to talk to a woman?"

    I asked "what happened"

    she said, "might be a prank call, but I'll talk to my employer about it."

    Her next sentence had me rolling over the floor for the next hour.

    She said "After asking some technical questions, they wanted to ask some general ones"
    and he asked "why is a manhole round?"

    She LITERALLY had no meaning for manhole (gutter/sewerage can). And you can imagine her embarassement when I told her!



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  • satishku_2000
    05-16 11:28 PM
    The greater danger in life is not that we set our aims too high and fail, but we set them too low and still do � Michelangelo

    Your aim is to not get fired. You want to buy an insurance policy to a secure job as if you are the only one entitled to have a job. This is a lower aim so you are bound to fail i.e. lose your job.

    And how do you define �replacing some American workers�. There is a plant in Yuma, AZ manufacturing aircrafts for Kingfisher airlines in India. Doesn�t this mean that someone in India is being replaced by American worker???? Maybe we should stop all trade and we should have all needs of one country fill within its borders. Maybe we should say � from now on no one is going to do any business, collaboration, partnership and place orders to companies outside of the borders of the country where you live.



    The best argument of restrictionist is either talk about no H-1B or green cards or talk about unlimited H-1Bs and green cards as if the extremes make the only reality in this world. Have you ever seen numbers like 290,000 or maybe 450,000. These are called whole numbers in mathematics and reside somewhere between ZERO and INFINITY/UNLIMITED.



    Stop bickering in the name of American people. More than 99% Americans don�t even know what is H-1B visa or employment based green card. And one more thing, people�s opinion is the most foolish thing to look at when making a decision. Do you remember the % of people in favor of Iraq war in 2002? - More than 70%
    Do you know how many people are in favor of pulling out of Iraq now, putting all the blame on the Administration? � around 70%
    Do you know the % of �American people� saying that they screwed up by supporting the war in 2002? � 0%
    No one would come out to say the nations and millions of people got screwed up due to "MY" twisted ideology in 2002. So let�s keep this argument of �American People� out of this debate.



    In free market and capitalist economy, the measure of productivity doesn�t come from some lawmaker who is out of sink with reality or from the ideology of orgs like IEEE-USA or from posters like you. The measure of productivity comes from the employers and the companies. And if that is how it works best for the economy, society and the nation, then so be it. That is the reason why this society is more advanced. You may be afraid of such a situation but I am not scared of a scenario where someone who can perform a better job, either a citizen or on H-1B, takes my job. But that is ok, your way of thinking is all based on the premises that every one out there is after you and some how you have to eliminate this competition at the soonest.



    You have used the argument of abuse, productivity, economy, outsourcing, country of origin and the color of Dick Morris� underwear - to argue against H-1B and to come extent green card number increase. Time and again I have said that this is not about H-1B. We, the people on this forum, want to discuss about GREEN CARD BACKLOGS. But you want to keep the discussion away from green card backlog and want the discussion be in the arena of H-1B. I must share with you that I have received atleast 7 different private messages telling me to �not waste my time with idiot like yourself�.
    Like you ass, you keep your views and your opinions with yourself. Don�t poke your ass and your views into a place where they don�t belong. And please stop worrying about being displaced by someone else on H-1B. You have not even gotten green card and you have already turned into a restrictionist. Please wait for sometime and there will be enough time and opportunity for you to join the ranks of IEEE-USA. This makes me to think that there are 2 possibilities:
    1.) You have very low self esteem and you think very lowly about yourself. Thus you are scared of the competition
    2.) You are not capable enough or technically sound to compete with other around you. And just like IEEE-USA you are looking for ways to eliminate your future probable competition using words/phrases like �displacement of US workers�.



    I tried to explain this guy Senthil that I already proved in form of permanent labor certificate and I 140 petition that I am not displacing any american worker and why I have to prove the same fact for every renewal and he comes with a logic that GC is for future job and H1b is for current job. But you know what my GC application was filed very well in the past ...:) , I mean more than 3 years ago ...

    Somehow some people think they are better than every one else in the crowd and things dont go wrong for them because they have either a particular degree or work in a so called permanent Job .

    These guys are in more alignment with view of ALIPAC and Numbers USA where people think some elses loss is my gain. Having said that reasonable people disagree these guys are totally unreasonable or they are totally out of touch with reality .

    These guys love Mr Durbin so much who dont see any problem with illegal immigration at all ....I would call this height of hypocrosy.





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  • Macaca
    12-23 09:42 PM
    Congress Cool on Tech Issues in 2007 (http://www.washingtonpost.com/wp-dyn/content/article/2007/12/23/AR2007122301761.html) Patent reform, security, Internet access and other topics are expected to gain a higher profile next session PC World, Dec 23, 2007

    No one is calling 2007 a banner year for the technology industry in the U.S. Congress.

    Congress passed a handful of bills on many tech vendor and trade group wish lists, but in several cases, they represented partial victories.

    "This Congress so far has a record of neglect on technology issues," said Representative Bob Goodlatte, a Virginia Republican, whose party lost the majority in Congress in the November 2006 elections.

    Goodlatte isn't an impartial observer, but members of the tech community also acknowledge that Congress has been slow to act on tech issues this year. Still, not everyone was expecting great things from a Congress that had to reorganize after the change in party control.

    It's too early to judge this session of Congress, which continues through 2008, said Kevin Richards, federal government relations manager at cybersecurity vendor Symantec. "I think we have a lot of interest [from lawmakers], and this has the potential to be a tech-friendly Congress," Richards said.

    Members of the tech community point to some success in Congress this year:

    Congress passed the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act, which became law in August. TheAmerica Competes Actallocated US$43.3 billion for research and math- and science-education programs.

    Congress approved a free-trade agreement with Peru in December, the only such agreement approved this year. Some labor and environmental groups opposed some free-trade agreements, but the pacts are "imperative" for tech vendors, said Sage Chandler, senior director of international trade for the Consumer Electronics Association.

    The CEA, which launched a campaign against "protectionism" in October, said every trade agreement is important to its members. Upcoming free-trade agreements coming before Congress include Columbia, Panama and South Korea. A handful of CEA members are already doing business in Peru or would like to and between 2000 and 2006 U.S. consumer-electronics exports to Peru increased by 12 percent, Chandler said.

    "Without the ability to sell into foreign markets and get components from foreign markets, our companies aren't going to be able to employ Americans," she said.

    Some successes the tech community can point to, however, were partial victories:

    Congress, in late October, passed a seven-year extension to a moratorium on access taxes and other taxes unique to the Internet. But many tech groups and lawmakers had pushed for a permanent tax ban, arguing that it was needed to foster Internet and broadband growth.

    Opponents of a permanent ban successfully argued that it would remove a check on Internet service providers attempting to include other services, such as VoIP (voice over Internet Protocol), in the tax ban. In addition, some lawmakers argued that a permanent ban could cripple the ability to pay for services.

    But some lawmakers argued Congress should've gone farther. The House of Representatives, which in the past has approved permanent extensions, this year passed a four-year extension and "had to have the Senate show them the way to a better seven-year extension," Goodlatte said. The "ultimate goal" should be a permanent tax moratorium, he said.

    The Senate in December passed a one-year extension to a research and development tax credit for U.S. companies. TheTemporary Tax Relief Act, which the House approved Nov. 9, extends the tax credit, which covers 20 percent of qualified R&D spending. But many tech groups have called on Congress to permanently extend the R&D tax credit, which has been extended a dozen times since 1981.

    Supporters of an expanded tax credit argue that the U.S. has fallen behind other nations in its R&D support. Once the most generous with R&D tax breaks, the U.S. by 2004 fell to 17th out of the 30 nations of the Organisation for Economic Co-operation and Development.

    But the tax break comes with a price tag of about $7 billion a year, and Congress has been reluctant to extend the program long term. Some government watchdog groups have called the R&D tax credit corporate welfare.

    Some tech groups have said the R&D tax credit helps keep high-paying tech jobs in the U.S. And companies have a hard time mapping out their R&D when the credit keeps expiring, said Symantec's Richards. "The on-again, off-again nature of the credit makes it impossible for companies to do the long-term planning that's needed," he said.

    In many other areas, Congress failed to act on legislation many tech groups called for:

    Patent reform: Many large tech companies said their top priority was for Congress to pass a wide-ranging patent reform bill that would make it more difficult for patent holders to sue and collect massive infringement awards. The House of Representatives in September passed thePatent Reform Act, which would allow courts to limit patent damage awards if a patented invention is a small piece of a larger product. Among other things, the bill would also allow a new way to challenge patents within one year after they've been granted.

    Supporters of the bill, including Microsoft and IBM, argued that it's too easy for patent holders who have no intent of marketing an invention to sue large companies and collect multimillion-dollar damages when a small piece of a technology product is found to infringe. "There are people who now just hold patents to sue and not to innovate," said Symatec's Richards.

    Another important piece of the bill would limit where patent holders could file lawsuits, Richards said. Many patent holders file lawsuits in the patent-friendly U.S. District Court for the Eastern District of Texas, even though neither the patent holder or the accused infringer is located there.

    Opponents, including pharmaceutical companies, some small technology vendors and inventors, have successfully stalled the bill in the Senate. They say the bill severely weakens the power of patents.

    Senate leaders say they will tackle the bill again in January. Opponents will continue to pressure lawmakers, said Ronald Riley, president of the Professional Inventors Alliance, which has enlisted the support of some labor unions.

    Opponents have talked about finding candidates to run against lawmakers who support the bill, Riley said. "We will have an all-out onslaught on the legislation," Riley said. "We think we will have to make an example of some legislators."

    H-1B visas: Another top priority of many tech vendors has been an expansion of the H-1B visa program for skilled foreign workers. The current yearly cap is 65,000 visas, with exceptions for an additional 20,000 graduate students, but in recent years, the cap has been filled before the year begins.

    Microsoft Chairman Bill Gates testified before a Senate committee in March, saying the U.S. should not shut out talented workers. "We have to welcome the great minds of this world, not drive them out of this country," Gates said. "These employees are vital to American competitiveness."

    But U.S. tech worker groups such as the Institute of Electrical and Electronics Engineers-USA (IEEE-USA) have opposed a higher H-1B cap, arguing that companies use the program to hire foreign workers for less money than unemployed U.S. workers would receive. An H-1B increase to 115,000 was part of a comprehensive immigration bill in the Senate, but that bill stalled over a contentious debate about illegal immigration.

    Data breaches: A handful of data breach notification and cybercrime bills stalled as Congress focused on other issues. The House approved two antispyware bills, one that created penalties of up to five years in prison for some spyware-like behavior. But the Senate didn't act on the bills, in part because there are concerns that the second spyware bill would preempt tougher state laws.

    Net neutrality: Many consumer groups and Internet-based companies continued to call on Congress to pass a net neutrality law, which would prohibit broadband providers from blocking or slowing competitors' Web content. However, the U.S. Federal Communications Commission has included some net neutrality rules in an upcoming spectrum auction, and both Verizon Wireless and AT&T have recently pledged to allow outside content and devices on their mobile-phone networks.

    Congress has also examined tougher penalties for copyright infringement, but hasn't moved legislation forward. With the change in party control, some things have been delayed, and "that was fine with us," said Art Brodsky, spokesman for Public Knowledge, a consumer-rights group that has opposed tougher copyright penalties.

    Some observers expect Congress to be more active on tech issues in 2008. It will be an election year, and it will be hard for controversial legislation to move forward, but many tech issues aren't partisan, Goodlatte said.

    Passing some tech-related legislation would show some progress, he said. "I would think that the Democratic leadership, in the miserable lack of success they've had in passing legislation this year, would be looking for a new approach in the new year," he said.



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  • hpandey
    06-26 02:47 PM
    If you buy - and take a mortgate - you end up losing (the same way you "lose" your rent)
    1. Interest you pay
    2. Property taxes you will pay forever.
    3. Maintenance you will pay forever.

    On the other hand - if you rent and,
    A. IF you pay less in rent than #1 + #2 + #3,
    B. IF you invest the remainder plus your mortgage principal amount in some other investment vehicle with superior investment returns than real estate.
    .... Then you will come out ahead renting.

    The tipping point is whether your rent equals interest + property taxes + maintenance. Based on which side is higher - either renting or buying could be good for you. I don't think there is a clear cut answer. This does not take into account the flexibility associated with renting - which is important for non-GC holders. If you assign a non-zero dollar value of $X with that flexibility, then your rent needs to be interest + tax + maintanance + $X to get to the tipping point. On the other hand, if you are not forced to save (in the form of mortgage principal payment every month) - you may just spend that money instead of investing that. If you assign a dollar value of $Y with that (probability multiplied by actual dollar value) - then the tipping point is at
    $rent = $interest + $tax + $maintenance + $X(dollar value for flexibility) - $Y(dollar value for probability of spending money instead of saving).

    Now as soon as you plug in the numbers in this equation - it will give you your tipping point and will tell you whether it is right for you to rent or to buy.

    Think about it. It is not as clear cut as you think it is. :-) Based on your earlier posts - you got an absolutely faboulous deal on your house (maybe because of your timing) and the tipping point equation would probably highly favor buying in your case. For many other (specially for those without a GC) - it may not be so clear cut.

    Yes its not clear cut but lets replace your X, Y and others with numbers

    Suppose your rent is 1500$ a month

    You pay 540,000 $ in 30 years

    so your point 1 - the interest payment is always going to be less than rent if you look over the 30 year term of mortgage since there is no way to pay 540,000 dollars in interest in 30 years looking at the amortization table unless you are buying a million dollar plus house. ( I assumed 5 % rate of interest )

    2. Property taxes - these we write off from our income which again becomes pointless more or less

    3. Maintainence - Now that is a personal thing - I lived in rented apartments for many years until last year end - The property admins don't replace things on demand - so you have to live with the same old appliances , carpets etc etc until they really die off since no one is going to replace them on demand . Things break so many times as they reach the end of their life and you call the property office each time and so on.

    I would rather that I maintain my own things and have best of the market stuff rather than not.

    Some people might say there are rented places where they have top of the line stuff but remember that the rent goes higher too. So that negates that point.

    And coming to what you say in the end - my mortgage is the same as I paid for rent so renting doesn't make any sense to me. The only thing is that if I have to move back to India I will have to sell the house which I am not worried about since I live in a very good area and two houses in my lane got sold within a month last month at more than the price which I paid for my house.

    As someone said real estate is highly local. Not all places in US are losing values . There are a lot of good areas which have reached bottom. The house I bought was 20% off from the price the person whom I bought it from paid in 2005. So that is already priced in.





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  • sc3
    07-14 05:04 PM
    but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.

    The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
    Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
    There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
    Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
    The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.

    Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.


    Paskal thanks for your post. You have given some points to mull over. However, I dont get some things, if EB3-I were on the lowest totem-pole, how can we explain the data from previous years where EB3-I got a lot more visas -- even though EB3-ROW was not current.

    Second. Which point in the AC21 says Eb2 gets preference over Eb3? There is nothing in sec 104 which points towards the preference for EB2? I have read and re-read the section multiple times, but I dont see anything which says that there is a preference towards EB2.





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  • unitednations
    03-24 11:55 AM
    Can you please elaborate?

    I may be understanding this incorrectly, but are they denying our right to be represented by a lawyer?

    No; I am saying I am suspicious of original poster because when in local USCIS offices they swear you in that you are going to tell the truth and if you don't have a lawyer with you then they make you sign a statement that you are self representing yourself at the itnerview.

    Because of these formalities; I have my doubts with a Phone call received from the local office and asking for documnets, questions on some very substantive matters without going through the formalities that local uscis office is supposed to do.

    - I went to two local uscis office interviews; so I am pretty versed in their procedure.





    senthil1
    04-06 11:24 PM
    Basically the H1b Cap issue should be resolved. Either unlimited H1b or restriction in bodyshopping is needed to resolve the problem to keep H1b system working. Or current broken system will continue. Also gc is completed related to H1b you can take think what will be the impact. Situation is not good for GC seekers. If they increase h1b retrogession will increase. If they restrict H1b same gc seekers will be impacted. Basically this forum members have to ask unlimited H1b and unlimited GC to satisfy everyone. Is that achivable?

    what are you saying? The above post is totally incoherent





    xyzgc
    12-20 03:32 PM
    It is possible that India may be loser for some extent in short time. But in case of war India will come out winner if India can win decesively similar to Bangladesh war. The parliment attack or Mumbai attack deserves some military action if India is able to destroy some of Terrorist camps. But by the time India preparing for attack the terrorists will move away from their camps and success rate depends on accuracy of timing and intelligence.

    Actually for the past 20 years Terrorists(and Pakistan) lost battle as they acheived nothing by killing innocents. India became superior and biggest development in last 100 years.That is the main reason for changing tactis. Terrorists supported indirectly by Pak ISI or army tried commando attack. But still Terrorists lost battle as India somehow got some sympathy from USA and other Western Countries. I would tell Pak got frustrated as Terrorists got tired. That is the reason Pak army became reckless and indulging in Mumbai Like attacks. Everything including Kargil Pak got failure. As usual Pakistan media is patriotic to their country and they wrote one side analysis. But their media well aware that Geography of India will be huge advantage to India

    Eventually India has to try to attack Pak with international force(Similar to 9/11) if there will be another major Terrorist attack. I sincerely hope and pray God no such attacks will happen in future.

    My feelings are the same. Terrorism is leading Pakistan to destruction and Zardari knows its not working.
    Initially, Paki funded the proxy wars and now the beasts are out of control.

    India is one smug, complacent giant -terorism is not going to make a dent.
    Most of the indians are indifferent and not afraid of going about their lives.
    In Mumbai, the need for survival is intense, you can't stop people from living their daily lives.

    This whole affair has gotten so much international publicity, its blown up in the face of these Pakis.
    Muslims everywhere are under a lens eye - airports, buses, trains, any public transportation people are immediately suspicious. Its creating an embarassing situation for good muslims all over the world.

    Unfortunately, these good muslims are handful, if you look at Pakistani newspapers some of their intellectual journalists sincerely condemn all of this but the readers hold a diametrically opposite view!
    Fortunately, this will educate the readers, slowly but surely. At least it will make them introspect and retrospect.

    The Bombay mullahs refused to bury the terrorists - they don't want a round of riot, they know they will be butchered and nothing good will come out of it.

    Terrorism is not working man!



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