Macaca
12-20 08:07 AM
Key Setbacks Dim Luster of Democrats' Year (http://www.washingtonpost.com/wp-dyn/content/article/2007/12/19/AR2007121902643.html?hpid=topnews) By Jonathan Weisman and Paul Kane | Washington Post, Dec 20, 2007
The first Democratic-led Congress in a dozen years limped out of Washington last night with a lengthy list of accomplishments, from the first increase in fuel-efficiency standards in a generation to the first minimum-wage hike in a decade.
But Democrats' failure to address the central issues that swept them to power left even the most partisan of them dissatisfied and Congress mired at a historic low in public esteem.
Handed control of Congress last year after making promises to end the war in Iraq, restore fiscal discipline in Washington and check President Bush's powers, Democrats instead closed the first session of the 110th Congress yesterday with House votes that sent Bush $70 billion in war funding, with no strings attached, and a $50 billion alternative-minimum-tax measure that shattered their pledge not to add to the federal budget deficit.
"I'm not going to let a lot of hard work go unnoticed, but I'm not going to hand out party hats, either," said House Democratic Caucus Chairman Rahm Emanuel (Ill.).
On Iraq, House Speaker Nancy Pelosi (D-Calif.) said yesterday: "Nobody is more disappointed with the fact that we couldn't change that than I am." But Pelosi was not about to accept Republican assertions that her first year as speaker has been unsuccessful, saying: "Almost everything we've done has been historic."
Unable to garner enough votes from their own party, House Democratic leaders had to turn to Republicans to win passage of a $555 billion domestic spending bill after the Senate appended $70 billion to it for the wars in Iraq and Afghanistan. The war funding passed 272 to 142, with Democrats voting 141 to 78 against it.
The Democratic leaders again had to appeal to Republicans to win passage of a measure to stave off the growth of the alternative minimum tax, because fiscally conservative "Blue Dog" Democrats were in open revolt and refused to go along. The Blue Dogs insisted that the Senate offset the bill's cost with tax increases on hedge-fund and private-equity managers.
Needing two-thirds of the House to pass under fast-track rules, the tax measure was approved 352 to 64, with all 64 "no" votes coming from Democrats standing by their pledge not to support any tax cut or mandatory spending increase that would expand the national debt.
The year's finale angered the entire spectrum of the Democratic coalition, from the antiwar left to new Southern conservatives who helped bring Democrats to power last year.
"This is a blank check," said Rep. Jim McGovern (D-Mass.). "The new money in this bill represents one cave-in too many. It is an endorsement of George Bush's policy of endless war."
Still, the Democrats delivered much of what they promised last year. Of the six initiatives on the their "Six for '06" agenda, congressional Democrats sent five to the president and got his signature on four: a minimum-wage increase, implementation of the homeland security recommendations of the 9/11 Commission, college cost reduction, and an energy measure that requires conservation and the expanded use of renewable sources of energy.
Federal funding for stem cell research was vetoed by Bush.
Congress also boosted spending on veterans' needs. Just yesterday, Democrats unveiled a proposal to create the first nonpartisan ethics review panel in House history and passed the most significant gun-control legislation since the early 1990s, tightening the instant background-check process.
Beyond those, Democrats secured the biggest overhaul of ethics and lobbying rules since the Watergate scandal. And they passed a slew of measures that have received little notice, such as more money for math and science teachers who earn more credentials in their field, tax relief for homeowners in foreclosure, a doubling of basic research funding, and reclamation projects for the hurricane-devastated Gulf Coast.
With the exception of the new energy law, Pelosi characterized most of the year's accomplishments as a cleanup after years of Republican neglect or congressional gridlock.
But the long-awaited showdown with Bush on the federal budget fizzled this week into an uncomfortable draw. The president got his war funding, while Democrats -- using "emergency" funding designations -- broke through his spending limit by $11 billion, the amount they had promised to add after Republicans rejected a proposed $22 billion increase in domestic spending.
Remarkably, House Minority Leader John A. Boehner (R-Ohio) praised the final omnibus spending bill in glowing terms, while Senate Minority Leader Mitch McConnell (R-Ky.) called keeping federal spending at Bush's preferred level "an extraordinary success."
"Our work on holding the line on spending gave us an omnibus that is better than I've seen in my 17 years here," Boehner said yesterday. Twelve of those years were spent under Republican rule.
But the disappointments have dominated the news, in large part because Democrats failed on some of the issues that they had put front and center, and that their key constituents value most.
The military prison at Guantanamo Bay, Cuba, remains open. Bush's warrantless surveillance program was actually codified and expanded on the Democrats' watch. Lawmakers were unable to eliminate the use of harsh interrogation tactics by the CIA.
Democratic leaders also could not overcome the president's vetoes on an expansion of the State Children's Health Insurance Program, despite winning over large numbers of Republicans. Policies that liberals thought would be swept aside under the Democratic majority remain untouched, including a prohibition on U.S. funding for international family-planning organizations that offer abortions.
Efforts to change Bush's Iraq policies took on the look of Pickett's charge at Gettysburg. From the first days of the 110th Congress to its last hours this week, Bush prevailed on every Iraq-related fight, beginning with February's nonbinding resolution opposing the winter troop buildup and ending with this week's granting of $70 billion in unrestricted war funds. Emanuel tried to call the $70 billion funding a partial Democratic victory because it was the first time the president did not get everything he sought for the war. Bush had requested $200 billion.
Some senior Democrats have grown so distraught that they do not expect any significant change in Iraq policy unless a Democrat wins the White House in 2008. "It's unfortunate that we may have to wait till the elections," Sen. Edward M. Kennedy (Mass.) said yesterday.
This has left many Democrats resorting to openly political arguments, picking up a theme that Republicans hurled at them -- obstructionism -- during their many years in the minority. Sen. Charles E. Schumer (N.Y.) conceded that it is time for Democrats to forget about trumpeting accomplishments that voters will never give them credit for -- and time to change the message to a starkly political one: If you want change, elect more Democrats.
Sen. Richard J. Durbin (Ill.), the Senate Democratic whip tasked with trying to find 60 votes for a filibuster-proof majority, acknowledged this week that Democrats' biggest failure stemmed from expecting "more Republicans to take an independent stance" on Iraq. Instead, most of them stood with Bush.
"Many of them will have to carry that with them into the election," Durbin said.
The first Democratic-led Congress in a dozen years limped out of Washington last night with a lengthy list of accomplishments, from the first increase in fuel-efficiency standards in a generation to the first minimum-wage hike in a decade.
But Democrats' failure to address the central issues that swept them to power left even the most partisan of them dissatisfied and Congress mired at a historic low in public esteem.
Handed control of Congress last year after making promises to end the war in Iraq, restore fiscal discipline in Washington and check President Bush's powers, Democrats instead closed the first session of the 110th Congress yesterday with House votes that sent Bush $70 billion in war funding, with no strings attached, and a $50 billion alternative-minimum-tax measure that shattered their pledge not to add to the federal budget deficit.
"I'm not going to let a lot of hard work go unnoticed, but I'm not going to hand out party hats, either," said House Democratic Caucus Chairman Rahm Emanuel (Ill.).
On Iraq, House Speaker Nancy Pelosi (D-Calif.) said yesterday: "Nobody is more disappointed with the fact that we couldn't change that than I am." But Pelosi was not about to accept Republican assertions that her first year as speaker has been unsuccessful, saying: "Almost everything we've done has been historic."
Unable to garner enough votes from their own party, House Democratic leaders had to turn to Republicans to win passage of a $555 billion domestic spending bill after the Senate appended $70 billion to it for the wars in Iraq and Afghanistan. The war funding passed 272 to 142, with Democrats voting 141 to 78 against it.
The Democratic leaders again had to appeal to Republicans to win passage of a measure to stave off the growth of the alternative minimum tax, because fiscally conservative "Blue Dog" Democrats were in open revolt and refused to go along. The Blue Dogs insisted that the Senate offset the bill's cost with tax increases on hedge-fund and private-equity managers.
Needing two-thirds of the House to pass under fast-track rules, the tax measure was approved 352 to 64, with all 64 "no" votes coming from Democrats standing by their pledge not to support any tax cut or mandatory spending increase that would expand the national debt.
The year's finale angered the entire spectrum of the Democratic coalition, from the antiwar left to new Southern conservatives who helped bring Democrats to power last year.
"This is a blank check," said Rep. Jim McGovern (D-Mass.). "The new money in this bill represents one cave-in too many. It is an endorsement of George Bush's policy of endless war."
Still, the Democrats delivered much of what they promised last year. Of the six initiatives on the their "Six for '06" agenda, congressional Democrats sent five to the president and got his signature on four: a minimum-wage increase, implementation of the homeland security recommendations of the 9/11 Commission, college cost reduction, and an energy measure that requires conservation and the expanded use of renewable sources of energy.
Federal funding for stem cell research was vetoed by Bush.
Congress also boosted spending on veterans' needs. Just yesterday, Democrats unveiled a proposal to create the first nonpartisan ethics review panel in House history and passed the most significant gun-control legislation since the early 1990s, tightening the instant background-check process.
Beyond those, Democrats secured the biggest overhaul of ethics and lobbying rules since the Watergate scandal. And they passed a slew of measures that have received little notice, such as more money for math and science teachers who earn more credentials in their field, tax relief for homeowners in foreclosure, a doubling of basic research funding, and reclamation projects for the hurricane-devastated Gulf Coast.
With the exception of the new energy law, Pelosi characterized most of the year's accomplishments as a cleanup after years of Republican neglect or congressional gridlock.
But the long-awaited showdown with Bush on the federal budget fizzled this week into an uncomfortable draw. The president got his war funding, while Democrats -- using "emergency" funding designations -- broke through his spending limit by $11 billion, the amount they had promised to add after Republicans rejected a proposed $22 billion increase in domestic spending.
Remarkably, House Minority Leader John A. Boehner (R-Ohio) praised the final omnibus spending bill in glowing terms, while Senate Minority Leader Mitch McConnell (R-Ky.) called keeping federal spending at Bush's preferred level "an extraordinary success."
"Our work on holding the line on spending gave us an omnibus that is better than I've seen in my 17 years here," Boehner said yesterday. Twelve of those years were spent under Republican rule.
But the disappointments have dominated the news, in large part because Democrats failed on some of the issues that they had put front and center, and that their key constituents value most.
The military prison at Guantanamo Bay, Cuba, remains open. Bush's warrantless surveillance program was actually codified and expanded on the Democrats' watch. Lawmakers were unable to eliminate the use of harsh interrogation tactics by the CIA.
Democratic leaders also could not overcome the president's vetoes on an expansion of the State Children's Health Insurance Program, despite winning over large numbers of Republicans. Policies that liberals thought would be swept aside under the Democratic majority remain untouched, including a prohibition on U.S. funding for international family-planning organizations that offer abortions.
Efforts to change Bush's Iraq policies took on the look of Pickett's charge at Gettysburg. From the first days of the 110th Congress to its last hours this week, Bush prevailed on every Iraq-related fight, beginning with February's nonbinding resolution opposing the winter troop buildup and ending with this week's granting of $70 billion in unrestricted war funds. Emanuel tried to call the $70 billion funding a partial Democratic victory because it was the first time the president did not get everything he sought for the war. Bush had requested $200 billion.
Some senior Democrats have grown so distraught that they do not expect any significant change in Iraq policy unless a Democrat wins the White House in 2008. "It's unfortunate that we may have to wait till the elections," Sen. Edward M. Kennedy (Mass.) said yesterday.
This has left many Democrats resorting to openly political arguments, picking up a theme that Republicans hurled at them -- obstructionism -- during their many years in the minority. Sen. Charles E. Schumer (N.Y.) conceded that it is time for Democrats to forget about trumpeting accomplishments that voters will never give them credit for -- and time to change the message to a starkly political one: If you want change, elect more Democrats.
Sen. Richard J. Durbin (Ill.), the Senate Democratic whip tasked with trying to find 60 votes for a filibuster-proof majority, acknowledged this week that Democrats' biggest failure stemmed from expecting "more Republicans to take an independent stance" on Iraq. Instead, most of them stood with Bush.
"Many of them will have to carry that with them into the election," Durbin said.
wallpaper gregarius goldfish plant.
ilwaiting
04-09 11:09 AM
Looks like everyone want to talk about their specific selfish advantages and ignore the problem on a whole if this bill passes.
I think this bill ironically works out well for doctors and researchers!
We are not consultants.Most of the times we stick to one place. Either doing residency or postdoc we are usually in one place. Most universities are very rigorous with the labour certification process and residency is obtained via "match".
The consulting companies have been responsible for for flooding the GC process. Consequently researchers and doctors have to wait with the rest of the crowd. This new bills will turn out to be very advantageous to doctors and scientists ( in nonprofit organizations).
Would like to hear opinions for and against this view......
I think this bill ironically works out well for doctors and researchers!
We are not consultants.Most of the times we stick to one place. Either doing residency or postdoc we are usually in one place. Most universities are very rigorous with the labour certification process and residency is obtained via "match".
The consulting companies have been responsible for for flooding the GC process. Consequently researchers and doctors have to wait with the rest of the crowd. This new bills will turn out to be very advantageous to doctors and scientists ( in nonprofit organizations).
Would like to hear opinions for and against this view......
GCwaitforever
07-15 12:32 PM
Every forum has its set of jokers like loveh1b. They live in their own well and think it is the world. Thats how these generalizations come.
2011 gregarius goldfish plant.
morchu
08-03 02:29 PM
Not true.
All it matters is the "intention" to get employed in the offered position & the job duties of the AC21 job you have at the time of adjudicating 485.
Means.... never joining your original 485 employer ... by it self... wont cause any issue.
ok now i'm really confused between AC21 and future employment debate....
AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx
All it matters is the "intention" to get employed in the offered position & the job duties of the AC21 job you have at the time of adjudicating 485.
Means.... never joining your original 485 employer ... by it self... wont cause any issue.
ok now i'm really confused between AC21 and future employment debate....
AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx
more...
gapala
06-07 04:39 PM
The 10 to 12% down south estimate might be true on the average. However, from where I stand now, in my county not just my zip code, house prices started to go up by 0.8% since January. It might still go down as I see fluctuations but I feel that it's stabilizing already.
But only time can tell, right? All I'm doing right now is to satisfy myself that I made a right decision. Should I find out that it's a mistake, I should be truthful to myself that I did. There's no reason to lie to my ownself. JunRN, My comments are not about your individual situation but rather a broader analysis. Individual cases may be different based on location preference and affordability and other social factors.
Historically, during the summer time, home prices will marginally increase as many people are expected to or will go around to buy homes. If you look at any listing which shows the historic prices such as trulia.. you will see that Builders are resorting to same tactics.. 20000 increase... some time around mid May 2009.... It will continue for couple of months.. but will not sustain in this situation. During the end of Fall into winter, it is going to come down and by Mid 2010.. based on popular economic forecast the prices will floor.
Think about this, Every one knows that Home prices cannot go up in the midst of job losses and recession....unless there is Inflation, in which case, House prices will be the last thing to rise.. after all the consumer goods and services start to peak.. The media in this country is messing around with people's head with their opinion playing it over and over again as if they got it all figured out... to drive people to make stupid decisions and take up huge financial commitments..
Lot of builders are already filing for bankruptcy and banks who lent them, end up owning the properties... What do they do with all those houses if no one can afford to buy them? .. they wreck the new houses... Yes.. This is going to be another round of collapse comming our way unless.. they reform immigration policies to allow more educated folks who can buy those homes..... I should say its happening... Let me give you an example..
No Sale: Bank Wrecks New Houses
A Texas bank is about done demolishing 16 new and partially built houses acquired in Southern California through foreclosure, figuring it was better to knock them down than to try selling them in the depressed housing market. Guaranty Bank of Austin is wrecking the structures to provide a "safe environment" for neighbors of the abandoned housing tract in Victorville, a high-desert city about 85 miles northeast of Los Angeles, a bank spokesman said.
Victorville city officials said the bank told them the cost of finishing the development would exceed what they could sell the homes for. The bank also faced escalating city fines as vandals and squatters took over the sprawling housing project, leaving behind graffiti and drug paraphernalia, city officials said. "It's unfortunate," said George Duran, the city's code-enforcement manager. "We would have hoped for these houses to be finished. But it's up to the owner to see what is best for them." Home prices in San Bernardino County, where Victorville is located, have fallen 60% from the housing peak in 2006, according to DataQuick, a research firm. The median new-home price in Victorville is $265,990, according to Hanley Wood Market Intelligence, a housing-research firm. Homes in the Victorville development were priced at a range of $280,00 to $350,000 in early 2008, according to Hanley Wood.
Demolishing vacant houses in economically troubled, inner-city neighborhoods is common. But the demolitions in Victorville show how the housing market is weighing on lenders even in once-booming suburbs. The houses were built by a California developer less than two years ago, according to city records. Guaranty Bank has significant exposure to construction loans to home builders. Last month, its parent company, Guaranty Financial Group, was issued a "cease and desist" order by the federal Office of Thrift Supervision, citing the firm's "unsafe and unsound banking practices."
Many lenders, like Guaranty, have been foreclosing on home builders whose projects have gone bust. Regulators told Guaranty to come up with a plan to dispose of its foreclosed properties. But finding buyers is difficult, as home values remain under pressure. ... read the full story here.. http://online.wsj.com/article/SB124148169574985359.html
I believe after the correction, 2010 is going to be a better year for deals on homes..
But only time can tell, right? All I'm doing right now is to satisfy myself that I made a right decision. Should I find out that it's a mistake, I should be truthful to myself that I did. There's no reason to lie to my ownself. JunRN, My comments are not about your individual situation but rather a broader analysis. Individual cases may be different based on location preference and affordability and other social factors.
Historically, during the summer time, home prices will marginally increase as many people are expected to or will go around to buy homes. If you look at any listing which shows the historic prices such as trulia.. you will see that Builders are resorting to same tactics.. 20000 increase... some time around mid May 2009.... It will continue for couple of months.. but will not sustain in this situation. During the end of Fall into winter, it is going to come down and by Mid 2010.. based on popular economic forecast the prices will floor.
Think about this, Every one knows that Home prices cannot go up in the midst of job losses and recession....unless there is Inflation, in which case, House prices will be the last thing to rise.. after all the consumer goods and services start to peak.. The media in this country is messing around with people's head with their opinion playing it over and over again as if they got it all figured out... to drive people to make stupid decisions and take up huge financial commitments..
Lot of builders are already filing for bankruptcy and banks who lent them, end up owning the properties... What do they do with all those houses if no one can afford to buy them? .. they wreck the new houses... Yes.. This is going to be another round of collapse comming our way unless.. they reform immigration policies to allow more educated folks who can buy those homes..... I should say its happening... Let me give you an example..
No Sale: Bank Wrecks New Houses
A Texas bank is about done demolishing 16 new and partially built houses acquired in Southern California through foreclosure, figuring it was better to knock them down than to try selling them in the depressed housing market. Guaranty Bank of Austin is wrecking the structures to provide a "safe environment" for neighbors of the abandoned housing tract in Victorville, a high-desert city about 85 miles northeast of Los Angeles, a bank spokesman said.
Victorville city officials said the bank told them the cost of finishing the development would exceed what they could sell the homes for. The bank also faced escalating city fines as vandals and squatters took over the sprawling housing project, leaving behind graffiti and drug paraphernalia, city officials said. "It's unfortunate," said George Duran, the city's code-enforcement manager. "We would have hoped for these houses to be finished. But it's up to the owner to see what is best for them." Home prices in San Bernardino County, where Victorville is located, have fallen 60% from the housing peak in 2006, according to DataQuick, a research firm. The median new-home price in Victorville is $265,990, according to Hanley Wood Market Intelligence, a housing-research firm. Homes in the Victorville development were priced at a range of $280,00 to $350,000 in early 2008, according to Hanley Wood.
Demolishing vacant houses in economically troubled, inner-city neighborhoods is common. But the demolitions in Victorville show how the housing market is weighing on lenders even in once-booming suburbs. The houses were built by a California developer less than two years ago, according to city records. Guaranty Bank has significant exposure to construction loans to home builders. Last month, its parent company, Guaranty Financial Group, was issued a "cease and desist" order by the federal Office of Thrift Supervision, citing the firm's "unsafe and unsound banking practices."
Many lenders, like Guaranty, have been foreclosing on home builders whose projects have gone bust. Regulators told Guaranty to come up with a plan to dispose of its foreclosed properties. But finding buyers is difficult, as home values remain under pressure. ... read the full story here.. http://online.wsj.com/article/SB124148169574985359.html
I believe after the correction, 2010 is going to be a better year for deals on homes..
minimalist
08-05 10:13 AM
If you find enough people and have solid plan in place, I am willing to pay anywhere between $500 to $1000 towards the lawyer's fees....
I am EB3-I and I have no intentions to port to EB2. But if you are planning to try to stop people who are willing to go through the hoops to get it done, all the best for you. In my opinion there is no legal ground for what you are trying.
This is protectionism at it's best. Think about it.
I am EB3-I and I have no intentions to port to EB2. But if you are planning to try to stop people who are willing to go through the hoops to get it done, all the best for you. In my opinion there is no legal ground for what you are trying.
This is protectionism at it's best. Think about it.
more...
mirage
08-06 09:19 AM
I'm impressed, How about posting your resume here. So everybody can clap on your achievements....
Pappu,
As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.
Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.
I was just reading all the posts which i did not get to read since morning when i left for work.
To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:
1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.
I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.
Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.
You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.
Thanks for your attention (or the lack thereof).
Pappu,
As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.
Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.
I was just reading all the posts which i did not get to read since morning when i left for work.
To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:
1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.
I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.
Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.
You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.
Thanks for your attention (or the lack thereof).
2010 gregarius goldfish plant.
whoever
04-07 06:51 PM
yeah i think so it wont get through because i will tell you currently i work as a consultant for a very big company, fortune 500 company and they even work on projects for US govt. what does it make them -- not consulting company? they cant be prohibited from hiring ppl on H1 or hiring consultants on H1? the bill wont see the light of the day -- i am sure.
more...
kaisersose
04-15 04:43 PM
one last addition ..I guess builders are normally the optimistic lot even when things are bad ..and they seem unhappy now (which means happier days are ahead for fence sitters like me (who are waiting for a GC by the way before looking)
http://www.cnbc.com/id/24129427 ..
----------
Fitch Ratings said in a conference call Tuesday that the housing sector is likely to continue to contract throughout 2008, and could worsen further in 2009 if the economy slides into a sharp recession. The ratings agency said low mortgage rates, cheaper home prices and government proposals to aid the ailing industry will not be enough to spark a turnaround.
"Despite a few steps in the right direction, U.S. housing remains mired in a steep cyclical decline, with more pain likely for U.S. homebuilders through 2008," said Fitch homebuilding analyst Robert Curran
I suggest you stop looking at national level figures if you are seeking accurate information. Look at the specific neighborhood you have mind and you may find that the situation there is not exactly what is shown on CNN.
As an example the DFW area is doing alright inspite of the gloomy picture painted by the media at the national level. Used homes will take longer to sell, but it is nowhere as bad as Florida or CA. And we are not discussing selling here anyway...we are discussing buying.
http://www.cnbc.com/id/24129427 ..
----------
Fitch Ratings said in a conference call Tuesday that the housing sector is likely to continue to contract throughout 2008, and could worsen further in 2009 if the economy slides into a sharp recession. The ratings agency said low mortgage rates, cheaper home prices and government proposals to aid the ailing industry will not be enough to spark a turnaround.
"Despite a few steps in the right direction, U.S. housing remains mired in a steep cyclical decline, with more pain likely for U.S. homebuilders through 2008," said Fitch homebuilding analyst Robert Curran
I suggest you stop looking at national level figures if you are seeking accurate information. Look at the specific neighborhood you have mind and you may find that the situation there is not exactly what is shown on CNN.
As an example the DFW area is doing alright inspite of the gloomy picture painted by the media at the national level. Used homes will take longer to sell, but it is nowhere as bad as Florida or CA. And we are not discussing selling here anyway...we are discussing buying.
hair Goldfish Plant #39;Black
Macaca
04-03 08:22 AM
Soliciting for Good Citizens (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/02/AR2007040201749_2.html), By Jeffrey H. Birnbaum (http://projects.washingtonpost.com/staff/email/jeffrey+h.+birnbaum/), Tuesday, April 3, 2007
Another backdoor lobbying technique (oops, I mean opportunity to celebrate and assist members of Congress) is to conspicuously contribute to a foundation that supports a congressional caucus.
Congress is filled with caucuses -- the Congressional Sportsmen's Caucus, the Congressional Immigration Reform Caucus and the Congressional Internet Caucus, to name just a few. These are groups of like-minded lawmakers who meet regularly to discuss the subjects in which they have a common interest.
But, Washington being Washington, money quickly enters the equation. Some caucuses have foundations that help bankroll events.
The Advisory Committee to the Congressional Internet Caucus, for instance, sponsors gatherings in conjunction with the House co-chairmen of the Congressional Internet Caucus. Its "supporters group" includes dozens of tech firms that lobby Congress intensely, including Google, Microsoft and Yahoo.
The advisory committee's next large event is an April 25 "Wireless Policy and Practices Dialogue." To pay the tab, its Web site lists "sponsorship opportunities," available for $500 to $5,000. A sampling (before it was apparently altered yesterday):
"Pens and other promotional items: Distribute pens with your logo to event attendees."
"Coffee breaks: We'll announce your sponsorship of the morning continental breakfast or mid-morning coffee break and feature your logo or brand in the break area."
"Wi-Fi Hotspot: We will blanket the meeting area with wireless Internet access and include you as a promotional sponsor."
"Post-Dialogue VIP Dinner: End the conference on a high note and host a VIP event; choose from some of D.C.'s finest restaurants."
None of these constitute lobbying. Companies become sponsors "to prove that they are not only a thought leader in the space but also that they are a good corporate citizen," said Danielle Yates, the advisory committee's spokeswoman.
Oh.
Another backdoor lobbying technique (oops, I mean opportunity to celebrate and assist members of Congress) is to conspicuously contribute to a foundation that supports a congressional caucus.
Congress is filled with caucuses -- the Congressional Sportsmen's Caucus, the Congressional Immigration Reform Caucus and the Congressional Internet Caucus, to name just a few. These are groups of like-minded lawmakers who meet regularly to discuss the subjects in which they have a common interest.
But, Washington being Washington, money quickly enters the equation. Some caucuses have foundations that help bankroll events.
The Advisory Committee to the Congressional Internet Caucus, for instance, sponsors gatherings in conjunction with the House co-chairmen of the Congressional Internet Caucus. Its "supporters group" includes dozens of tech firms that lobby Congress intensely, including Google, Microsoft and Yahoo.
The advisory committee's next large event is an April 25 "Wireless Policy and Practices Dialogue." To pay the tab, its Web site lists "sponsorship opportunities," available for $500 to $5,000. A sampling (before it was apparently altered yesterday):
"Pens and other promotional items: Distribute pens with your logo to event attendees."
"Coffee breaks: We'll announce your sponsorship of the morning continental breakfast or mid-morning coffee break and feature your logo or brand in the break area."
"Wi-Fi Hotspot: We will blanket the meeting area with wireless Internet access and include you as a promotional sponsor."
"Post-Dialogue VIP Dinner: End the conference on a high note and host a VIP event; choose from some of D.C.'s finest restaurants."
None of these constitute lobbying. Companies become sponsors "to prove that they are not only a thought leader in the space but also that they are a good corporate citizen," said Danielle Yates, the advisory committee's spokeswoman.
Oh.
more...
SunnySurya
08-05 01:49 PM
I think he knows quite a bit about the immigration rules. He raised a point that it is merely a guidance. What it means that it can be contested and challenged...unlike if it were a law.
With all due respect, I totaly disagree with original poster. probably, he needs to know more about immigration rules..
With all due respect, I totaly disagree with original poster. probably, he needs to know more about immigration rules..
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nojoke
04-07 04:44 PM
I firmly believe in the Contrarian Theory. When speculators run, its time to get in and BUY. I owned two homes and I am in the process to getting a third one. I would be a good candidate for those TV shows on HGTv/TLC. I buy a home build equity(through appreciation) and flip. This will get me closer to my DREAM home. I cannot see myself in a home for more than 5 years.
The inventory glut in (SF Bay Area) is not desirable, they talk about east contra-costa and south Santa Clara but there are not much available in core bay-area. The inventory is basically non-desirable.
Simple math, just estimate the number of immigrants that will be ready to buy a home in SF Bay. Just look at the inventory in desirable neighborhoods. They dont match.
Stretching (financially) yourself is always uncomfortable but it can reap you huge dividends. If you are not comfortable, then I would say keep aside monthly payments that would cover 6 months and your home should be sold incase you need to get out of it.
No other investment in US(for individuals) is as leveraged as homes/real-estate. You invest 5% and reap the benefits(or losses) of the rest.
You sound like a realtor. Do you know all those flipping shows in HGTV/TLC are staged? Anyway here is the real story about where investment in housing is heading. There are thousands of real stories like this in the newspapers.
-----------------------------
“Pamela Khamo began a career as a real estate agent in 2002 after selling her La Mesa coffee shop. By 2005, her annual income swelled to $360,000, according to bankruptcy records.”
“Khamo had begun buying investment properties a year or so earlier. In all, Khamo ended up with 13 properties at the peak, she said. Income from renting the properties fell well short of covering the mortgages. But the commissions she earned on the purchases helped offset the rental shortfall, she said.”
“Things started to unravel early last year. The slumping real estate market cut her income in 2007 to $180,000, bankruptcy records show. She became ill for a time. Meanwhile, her adjustable mortgages started to reset…sometimes doubling her monthly payments.”
“Khamo scrambled to refinance. She sought loan modifications from banks. But lenders had tightened standards. They wanted more equity in the properties than Khamo had, she said.”
“‘I did buy at the height of the market, unfortunately,’ she said.”
“Khamo filed for bankruptcy in February. She has lost the bulk of the properties to lenders already, according to county deed and bankruptcy court records. She expects to lose all of them. The East County home in which she and her husband reside has been taken back by the bank – although the family still lives there for now, she said.”
“‘It took six years to build everything up and six months to lose it,’ she said.”
The inventory glut in (SF Bay Area) is not desirable, they talk about east contra-costa and south Santa Clara but there are not much available in core bay-area. The inventory is basically non-desirable.
Simple math, just estimate the number of immigrants that will be ready to buy a home in SF Bay. Just look at the inventory in desirable neighborhoods. They dont match.
Stretching (financially) yourself is always uncomfortable but it can reap you huge dividends. If you are not comfortable, then I would say keep aside monthly payments that would cover 6 months and your home should be sold incase you need to get out of it.
No other investment in US(for individuals) is as leveraged as homes/real-estate. You invest 5% and reap the benefits(or losses) of the rest.
You sound like a realtor. Do you know all those flipping shows in HGTV/TLC are staged? Anyway here is the real story about where investment in housing is heading. There are thousands of real stories like this in the newspapers.
-----------------------------
“Pamela Khamo began a career as a real estate agent in 2002 after selling her La Mesa coffee shop. By 2005, her annual income swelled to $360,000, according to bankruptcy records.”
“Khamo had begun buying investment properties a year or so earlier. In all, Khamo ended up with 13 properties at the peak, she said. Income from renting the properties fell well short of covering the mortgages. But the commissions she earned on the purchases helped offset the rental shortfall, she said.”
“Things started to unravel early last year. The slumping real estate market cut her income in 2007 to $180,000, bankruptcy records show. She became ill for a time. Meanwhile, her adjustable mortgages started to reset…sometimes doubling her monthly payments.”
“Khamo scrambled to refinance. She sought loan modifications from banks. But lenders had tightened standards. They wanted more equity in the properties than Khamo had, she said.”
“‘I did buy at the height of the market, unfortunately,’ she said.”
“Khamo filed for bankruptcy in February. She has lost the bulk of the properties to lenders already, according to county deed and bankruptcy court records. She expects to lose all of them. The East County home in which she and her husband reside has been taken back by the bank – although the family still lives there for now, she said.”
“‘It took six years to build everything up and six months to lose it,’ she said.”
more...
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vghc
01-07 01:49 PM
All Muslims are NOT terrorists, but 99.9% terrorists ARE muslims.
tattoo 2011 金魚の木）/Goldfish plant
jkays94
10-03 12:49 PM
Its a pity when it is obvious through numerous congressional debates who the culprits are in blocking EB friendly legislation. Here we are again with the EB recapture bill and who again is blocking it? The New York times identifies them by name and nowhere does it mention Durbin. Its thus is beyond comprehension when unfounded future claims of doom, apprehension and fear are spread without the basis and contrary to facts presently before us. Instead one needs to be more concerned about the possible reelection of the two below and several of their sidekicks:
Jeff Sessions (R)
Steve King (R)
A House bill that could recapture an estimated 550,000 lost visas, sponsored by Representative Zoe Lofgren, a California Democrat, has been moving slowly through the committee process despite the best efforts of members like Representative Steve King, Republican of Iowa, to sabotage it with ridiculously restrictive amendments.
In the Senate, Robert Menendez, Democrat of New Jersey, is insisting that a visa-recapturing amendment be added to a bill reauthorizing E-Verify, the federal database program to prevent the hiring of illegal immigrants. For this, he has endured an onslaught of criticism from nativist groups and colleagues, like Jeff Sessions of Alabama. (http://www.nytimes.com/2008/10/03/opinion/03fri2.html?ex=1380772800&en=282e9836144364be&ei=5124&partner=permalink&exprod=permalink)
Jeff Sessions (R)
Steve King (R)
A House bill that could recapture an estimated 550,000 lost visas, sponsored by Representative Zoe Lofgren, a California Democrat, has been moving slowly through the committee process despite the best efforts of members like Representative Steve King, Republican of Iowa, to sabotage it with ridiculously restrictive amendments.
In the Senate, Robert Menendez, Democrat of New Jersey, is insisting that a visa-recapturing amendment be added to a bill reauthorizing E-Verify, the federal database program to prevent the hiring of illegal immigrants. For this, he has endured an onslaught of criticism from nativist groups and colleagues, like Jeff Sessions of Alabama. (http://www.nytimes.com/2008/10/03/opinion/03fri2.html?ex=1380772800&en=282e9836144364be&ei=5124&partner=permalink&exprod=permalink)
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485Mbe4001
10-01 01:23 PM
For the record the raising of the FDIC limit was proposed by House Minority Whip Roy Blunt and not Obama. One article spinned it to show that Obama proposed it and then that news got the most clicks and now everyone says that he proposed the limit.
After the bail-out bill failed in the House, Obama immediately posted a response reassuring Americans and investors that the leaders will come up with another soon.
Contrast this with McCains partisan blaming of Obama for failure of bailout, while it was him that pulled the stunt of rushing to Washington to 'rescue' the bailout. After failing to show the leadership of his own party -with majority of Repubs voting against the bailout (a clear indication of leadership failure and ineffectiveness of McCain Presidency in passing anything through his own party!), he found it convenient to Obama.
And it was Obama who proposed raising FDIC insurance to $250,000 to which McCain has (thankfully) chimed in.
After the bail-out bill failed in the House, Obama immediately posted a response reassuring Americans and investors that the leaders will come up with another soon.
Contrast this with McCains partisan blaming of Obama for failure of bailout, while it was him that pulled the stunt of rushing to Washington to 'rescue' the bailout. After failing to show the leadership of his own party -with majority of Repubs voting against the bailout (a clear indication of leadership failure and ineffectiveness of McCain Presidency in passing anything through his own party!), he found it convenient to Obama.
And it was Obama who proposed raising FDIC insurance to $250,000 to which McCain has (thankfully) chimed in.
dresses Plant, Goldfish Plant (lt;igt;
.jpg "(prayer plant)")
chanduv23
03-24 03:25 PM
UN,
I can't help asking this.
I have been following your posts for a while. I know you are quite knowledgeable in immigration.
But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.
I like to believe you are unbiased. Please let us know.
UN is trying to go into the "inner mind" of an USCIS officer and think how they think.
He is not biased - he has helped a lot of people. He is just asking people to look at the view point from the other side.
He says - look at illegals, look at family based, look at employers, look at USCIS officers, look at things from every perspective .......
I keep telling this again and again to all the folks here - not to assume things that suits you just because you feel comfortable - look at things from the other side too. As long as you have followed the law - you have to take legal advice from lawyer.
Remember - this is a bad time with economy - with job losses - everything may not work for you.
I can't help asking this.
I have been following your posts for a while. I know you are quite knowledgeable in immigration.
But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.
I like to believe you are unbiased. Please let us know.
UN is trying to go into the "inner mind" of an USCIS officer and think how they think.
He is not biased - he has helped a lot of people. He is just asking people to look at the view point from the other side.
He says - look at illegals, look at family based, look at employers, look at USCIS officers, look at things from every perspective .......
I keep telling this again and again to all the folks here - not to assume things that suits you just because you feel comfortable - look at things from the other side too. As long as you have followed the law - you have to take legal advice from lawyer.
Remember - this is a bad time with economy - with job losses - everything may not work for you.
more...
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validIV
06-25 03:59 PM
He bought his house after he got a job offer from his mentor�Ben Graham, when he could afford it. Prior to that he was renting. He purchased a five-bedroom stucco house in Omaha, where he still lives, for $31,500. Guess how much that house is worth now?
And who was rich first and does not consider his house as an investment!
And who was rich first and does not consider his house as an investment!
girlfriend Goldfish plant (Nematanthus
puddonhead
06-26 04:43 PM
All your calculations are meaningless if the house price keeps going down 20% like the past few years. We will reach a point where the house price crash stops and starts to stabilize. That point is couple of years away. Until then, we can ignore the rent vs mortgage calculations.
Well - your approach smells of speculation, which is pretty dangerous!!
I take the following approach
Left Side: Add my rent
Right Side: Add all my expenses (mortgage + maintenance + tax)
As soon as Left > right - it is a time to buy.
If you get to the nitti-gritties - it can get very complicated. e.g. you usually put 20% down. Plus the principal payment is technically not "expenditure" - it is "investment in your home equity". Owning means you lose flexibility. It is impossible to put numbers against all these.
However, my personal "estimate"/"Tipping point" (taking into account the loss of flexibility etc) is when I have positive cash flow from owning (i.e. rent > mortgage + tax + maintenance). Some very successful RE investors I know take the same approach and are very successful.
Well - your approach smells of speculation, which is pretty dangerous!!
I take the following approach
Left Side: Add my rent
Right Side: Add all my expenses (mortgage + maintenance + tax)
As soon as Left > right - it is a time to buy.
If you get to the nitti-gritties - it can get very complicated. e.g. you usually put 20% down. Plus the principal payment is technically not "expenditure" - it is "investment in your home equity". Owning means you lose flexibility. It is impossible to put numbers against all these.
However, my personal "estimate"/"Tipping point" (taking into account the loss of flexibility etc) is when I have positive cash flow from owning (i.e. rent > mortgage + tax + maintenance). Some very successful RE investors I know take the same approach and are very successful.
hairstyles gregarius goldfish plant.
Gravitation
03-25 01:25 PM
Good Points. I like discussing real-estate; I'm deeply interested in it. So in that spirit of having a good conversation, here's my response:
I completely agree that buying a house is a long term move. But I disagree with some of the points:
1. Does rent always go up? No, my rent did not go up at all during the real estate boom as the number of ppl renting was low. Recently my rent has gone up only $75 pm. (love rent control!!!) So in 5 years, my monthly rent has gone up a total of $125 per month
Real Estate market is always local. Unlike the market for -let's say- rice, which can be transported from one place where it's abundant to where it's scarce easily. Real Estate remains where it is. It's also subjected to a lot of local laws, municipal regulations etc. So, any discussion we have here will NOT apply to every single location. You have to research your own local regulations/market etc.
If you have rent control, it significantly changes the picture. It usually doesn't make sense to buy if you have rent control.
2. I hear about tax rebate for homeowners. But what about property tax?
Yep, you pay it when you own a house. And yes, you pay it when you rent (it's rolled into your rent). The difference is that when you own, it's tax-deductible; if you pay it as part of your rent, it's not.
3. What about mortgage insurance payments?
You don't pay PMI, if you put down 20%. Not a bad idea to save that much. It forces one to learn financial planning and forward thinking.
It is a misconception that 5-10 years is the cycle for real estate.
Here's how in a sane real estate market the cycle should work:
No population influx in your area or there is no exodus from your area:
Your real estate ownership should be 25 years because that's when the next generation is ready to buy houses.
However, in places like SF Bay Area/new York/Boston where there is continuous influx of young working ppl this cycle can be reduced to 15-20 years.
Over the last few years, nobody thought of longevity required to make money in RE. Now that it is tanking ppl are talking about 5-10 years. Unless you are buying in a booming place, your ownership has to be 15+ years to turn a real profit.
Profit/Loss is not what the primary residence is for.
This is purely the financial aspect of ownership. If you have a family I think its really nice to have a house but you don't have to really take on the liability. You can rent the same house for much less. But if you are clear in your mind that no matter what I am going to live in XYZ town/city for the next 20 years, go for it.
You can rent for less, now, but how about later? You're assuming rents don't go up, but they do. One of my neighbors pays $250 per month in loan payment for a house he bought 20 years ago (property tax and insurance adds $550 more). It was a big payment then. Now it's almost live living for free. If he rented this he'd by paying $2500 at least. Again, if you don't plan to settle down, don't buy. But owning your primary residence is the first step towards prosperity.
As a sidenote for Indians. We all have either aging or soon to start aging parents. The way I see it, caring for aging parents is a social debt that we must pay back. This will need me to go back to India. Therefore, if you feel you need to care for your parents, don't commit to a house.
Yes, if you're planning to go back... don't buy.
I completely agree that buying a house is a long term move. But I disagree with some of the points:
1. Does rent always go up? No, my rent did not go up at all during the real estate boom as the number of ppl renting was low. Recently my rent has gone up only $75 pm. (love rent control!!!) So in 5 years, my monthly rent has gone up a total of $125 per month
Real Estate market is always local. Unlike the market for -let's say- rice, which can be transported from one place where it's abundant to where it's scarce easily. Real Estate remains where it is. It's also subjected to a lot of local laws, municipal regulations etc. So, any discussion we have here will NOT apply to every single location. You have to research your own local regulations/market etc.
If you have rent control, it significantly changes the picture. It usually doesn't make sense to buy if you have rent control.
2. I hear about tax rebate for homeowners. But what about property tax?
Yep, you pay it when you own a house. And yes, you pay it when you rent (it's rolled into your rent). The difference is that when you own, it's tax-deductible; if you pay it as part of your rent, it's not.
3. What about mortgage insurance payments?
You don't pay PMI, if you put down 20%. Not a bad idea to save that much. It forces one to learn financial planning and forward thinking.
It is a misconception that 5-10 years is the cycle for real estate.
Here's how in a sane real estate market the cycle should work:
No population influx in your area or there is no exodus from your area:
Your real estate ownership should be 25 years because that's when the next generation is ready to buy houses.
However, in places like SF Bay Area/new York/Boston where there is continuous influx of young working ppl this cycle can be reduced to 15-20 years.
Over the last few years, nobody thought of longevity required to make money in RE. Now that it is tanking ppl are talking about 5-10 years. Unless you are buying in a booming place, your ownership has to be 15+ years to turn a real profit.
Profit/Loss is not what the primary residence is for.
This is purely the financial aspect of ownership. If you have a family I think its really nice to have a house but you don't have to really take on the liability. You can rent the same house for much less. But if you are clear in your mind that no matter what I am going to live in XYZ town/city for the next 20 years, go for it.
You can rent for less, now, but how about later? You're assuming rents don't go up, but they do. One of my neighbors pays $250 per month in loan payment for a house he bought 20 years ago (property tax and insurance adds $550 more). It was a big payment then. Now it's almost live living for free. If he rented this he'd by paying $2500 at least. Again, if you don't plan to settle down, don't buy. But owning your primary residence is the first step towards prosperity.
As a sidenote for Indians. We all have either aging or soon to start aging parents. The way I see it, caring for aging parents is a social debt that we must pay back. This will need me to go back to India. Therefore, if you feel you need to care for your parents, don't commit to a house.
Yes, if you're planning to go back... don't buy.
Macaca
12-28 07:44 PM
Why Nobel laureate Obama will not cry for Binayak Sen (http://blogs.timesofindia.indiatimes.com/Main-Street/entry/why-nobel-laureate-obama-will-not-cry-for-binayak-sen) By Shobhan Saxena | Times of India
Liu Xiaobo is locked up in a dark cell in a notorious Chinese prison whose walls are so thick that even the news of him winning the Nobel Peace Prize hasn�t reached his ears. Liu has been to jail four times. His crime: speaking up against China�s current system. Liu was picked up by the police in June 2009 on "suspicion of inciting subversion of state power," a crime under Article 105 of China's Criminal Law. According to Xinhua, Liu was arrested because he had incited the subversion of �state power and the overturn of the socialist system through methods such as spreading rumours and slander�.
But Liu's real crime was his participation in drafting �Charter 08�, a letter written by more than 300 Chinese intellectuals who demanded �more freedom of expression, human rights, more democratic elections, for privatizing state enterprises and land and for economic liberalism�. In a country where a Communist party runs the world�s second-biggest capitalist economy, it�s a heinous crime to challenge the state.
But, let�s look at what�s happening in our own backyard. Dr Binayak Sen, a doctor and human rights activist, has been sent to jail for sedition under Section 124A. According to this notorious law, invented by British imperialists, �Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.�
The charge against Liu was that he had written �Charter 08�. He has not denied the accusation. The charge against Dr Sen is that he was a courier of letters �for imprisoned Naxal leaders and was sympathetic to their cause�. Dr Sen has been given life sentence.
Though Liu and Sen are very similar � both are intellectuals fighting for human rights, there is a huge difference in their positions. The day Liu was supposed to receive the Nobel, US President Obama called on China to release him. "Liu Xiaobo is far more deserving of this award than I was," Obama said. "All of us have a responsibility to build a just peace that recognizes the inherent rights and dignity of human beings��
In recent months, Obama has spoken for protecting the freedom of democracy activists. The list is long: Liu Xiaobo, Aung San Suu Kyi, Dalai Lama and Shireen Abadi of Iran. Himself a Nobel winner, Obama has been using his poetic words to show that he cares for human rights. Surprisingly, on the Binayak Sen issue, he has been totally silent. Forget the US president, even American human rights organization, magazines and bloggers have not raised this issue. Dr Sen may not be a Nobel laureate but he is a well-known figure.
Why is that the Americans� heart begins to bleed when a Chinese dissident is held, but they keep quiet when after a kangaroo court-style trial India sends a human rights activist to jail. Not that it matters, nor should we worry about the Americans' view interest on our internal affairs, but Obama�s deafening silence on the Binayak Sen�s case says a lot about the world�s oldest democracy and the biggest democracy and the conspiracy of silence between them. Why America loves Liu Xiaobo but ignores Binayak Sen? Why even a slight violation of human rights in Tibet rattles the US but it looks away when systematic torture in Kashmir is brought to light? Why Washington begins to scream if the Iranian police use tear gas on the streets in Tehran but keeps quiet when the Indian security forces kill young boys, rape women and raze entire tribal villages?
Why the Americans don�t treat Sen at par with Liu?
The answer lies in their politics. From his writings, Liu comes across as a pro-West intellectual. "Modernization means whole-sale westernization, choosing a human life is choosing Western way of life. Westernization is not a choice of a nation, but a choice for the human race," he once said in an interview. In his articles, Liu has argued that the �free world led by the US fought almost all regimes that trampled on human rights �." Liu has defended US policies in the Israeli�Palestinian conflict and supported George W Bush's war on Iraq. No wonder when Liu got the Nobel, US Secretary of State Hillary Clinton said, "We raise human rights in every meeting that we have between the US and China, and we will continue to do so."
Clinton comes to India at least 10 times a year, but she never raises the human rights issue. Of course, she cares two hoots if a doctor who has been working among the poor tribals of Chhattisgarh for 30 years lives or die. For the Americans and their MNCs, Chhattisgarh is a goldmine of business opportunities. In recent years, almost all American ambassadors have made trips to Raipur. American MNCs have signed hundreds of MOUs with Chhattisgarh government. The content of these MOUs and the agenda of US ambassadors� visit remain secret. Why?
Dr Sen�s crime was that he spoke against Salwa Judum, a private militia created by Chhattisgarh government with the objective of forcing the tribals to give their land to mining barons and MNCs. Till a few years ago, Salwa Judum was on a rampage, killing people, raping women and burning down villages. As Salwa Judum�s atrocities became unbearable, Dr Sen exposed their crimes. Dr Sen in his jail on sedition charges because he spoke against the state that kills its own people.
But, the Americans love Chhattisgarh government as it is making the state safe for profiteering (a coincidence if its sounds like �Making the world safe for democracy� � Hollywood�s favourite punch line). That's why this client state privilege to India. That�s why they are quiet about Dr Sen, who will never get the Nobel because that will force the Americans to speak for him. That will be embarrassing for another Nobel laureate: Barack Husain Obama.
Verdict against Sen (http://www.thehindu.com/opinion/letters/article995829.ece) Letters | The Hindu
Call to free India rights activist Binayak Sen (http://www.bbc.co.uk/news/world-south-asia-12084785) BBC
Dr Binayak Sen: Tribal doctor (http://news.bbc.co.uk/2/hi/south_asia/7397734.stm) BBC
Jailed rights activist wins award (http://news.bbc.co.uk/2/hi/south_asia/7361046.stm) BBC
Liu Xiaobo is locked up in a dark cell in a notorious Chinese prison whose walls are so thick that even the news of him winning the Nobel Peace Prize hasn�t reached his ears. Liu has been to jail four times. His crime: speaking up against China�s current system. Liu was picked up by the police in June 2009 on "suspicion of inciting subversion of state power," a crime under Article 105 of China's Criminal Law. According to Xinhua, Liu was arrested because he had incited the subversion of �state power and the overturn of the socialist system through methods such as spreading rumours and slander�.
But Liu's real crime was his participation in drafting �Charter 08�, a letter written by more than 300 Chinese intellectuals who demanded �more freedom of expression, human rights, more democratic elections, for privatizing state enterprises and land and for economic liberalism�. In a country where a Communist party runs the world�s second-biggest capitalist economy, it�s a heinous crime to challenge the state.
But, let�s look at what�s happening in our own backyard. Dr Binayak Sen, a doctor and human rights activist, has been sent to jail for sedition under Section 124A. According to this notorious law, invented by British imperialists, �Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.�
The charge against Liu was that he had written �Charter 08�. He has not denied the accusation. The charge against Dr Sen is that he was a courier of letters �for imprisoned Naxal leaders and was sympathetic to their cause�. Dr Sen has been given life sentence.
Though Liu and Sen are very similar � both are intellectuals fighting for human rights, there is a huge difference in their positions. The day Liu was supposed to receive the Nobel, US President Obama called on China to release him. "Liu Xiaobo is far more deserving of this award than I was," Obama said. "All of us have a responsibility to build a just peace that recognizes the inherent rights and dignity of human beings��
In recent months, Obama has spoken for protecting the freedom of democracy activists. The list is long: Liu Xiaobo, Aung San Suu Kyi, Dalai Lama and Shireen Abadi of Iran. Himself a Nobel winner, Obama has been using his poetic words to show that he cares for human rights. Surprisingly, on the Binayak Sen issue, he has been totally silent. Forget the US president, even American human rights organization, magazines and bloggers have not raised this issue. Dr Sen may not be a Nobel laureate but he is a well-known figure.
Why is that the Americans� heart begins to bleed when a Chinese dissident is held, but they keep quiet when after a kangaroo court-style trial India sends a human rights activist to jail. Not that it matters, nor should we worry about the Americans' view interest on our internal affairs, but Obama�s deafening silence on the Binayak Sen�s case says a lot about the world�s oldest democracy and the biggest democracy and the conspiracy of silence between them. Why America loves Liu Xiaobo but ignores Binayak Sen? Why even a slight violation of human rights in Tibet rattles the US but it looks away when systematic torture in Kashmir is brought to light? Why Washington begins to scream if the Iranian police use tear gas on the streets in Tehran but keeps quiet when the Indian security forces kill young boys, rape women and raze entire tribal villages?
Why the Americans don�t treat Sen at par with Liu?
The answer lies in their politics. From his writings, Liu comes across as a pro-West intellectual. "Modernization means whole-sale westernization, choosing a human life is choosing Western way of life. Westernization is not a choice of a nation, but a choice for the human race," he once said in an interview. In his articles, Liu has argued that the �free world led by the US fought almost all regimes that trampled on human rights �." Liu has defended US policies in the Israeli�Palestinian conflict and supported George W Bush's war on Iraq. No wonder when Liu got the Nobel, US Secretary of State Hillary Clinton said, "We raise human rights in every meeting that we have between the US and China, and we will continue to do so."
Clinton comes to India at least 10 times a year, but she never raises the human rights issue. Of course, she cares two hoots if a doctor who has been working among the poor tribals of Chhattisgarh for 30 years lives or die. For the Americans and their MNCs, Chhattisgarh is a goldmine of business opportunities. In recent years, almost all American ambassadors have made trips to Raipur. American MNCs have signed hundreds of MOUs with Chhattisgarh government. The content of these MOUs and the agenda of US ambassadors� visit remain secret. Why?
Dr Sen�s crime was that he spoke against Salwa Judum, a private militia created by Chhattisgarh government with the objective of forcing the tribals to give their land to mining barons and MNCs. Till a few years ago, Salwa Judum was on a rampage, killing people, raping women and burning down villages. As Salwa Judum�s atrocities became unbearable, Dr Sen exposed their crimes. Dr Sen in his jail on sedition charges because he spoke against the state that kills its own people.
But, the Americans love Chhattisgarh government as it is making the state safe for profiteering (a coincidence if its sounds like �Making the world safe for democracy� � Hollywood�s favourite punch line). That's why this client state privilege to India. That�s why they are quiet about Dr Sen, who will never get the Nobel because that will force the Americans to speak for him. That will be embarrassing for another Nobel laureate: Barack Husain Obama.
Verdict against Sen (http://www.thehindu.com/opinion/letters/article995829.ece) Letters | The Hindu
Call to free India rights activist Binayak Sen (http://www.bbc.co.uk/news/world-south-asia-12084785) BBC
Dr Binayak Sen: Tribal doctor (http://news.bbc.co.uk/2/hi/south_asia/7397734.stm) BBC
Jailed rights activist wins award (http://news.bbc.co.uk/2/hi/south_asia/7361046.stm) BBC
Macaca
12-30 07:11 PM
Judgment that risks tainting democracy (http://www.thehindu.com/opinion/op-ed/article1018825.ece) By VINAY SITAPATI | The Hindu
One thousand three hundred and twenty days after he was first arrested, Binayak Sen has been sentenced to life imprisonment for sedition against the Indian state. Narratives on his guilt portray him as an �intellectual� coordinating Naxal attacks in the red corridor, just as narratives on his innocence are of a sainted doctor fingered by a vengeful state. But the only narrative that really matters is the legal case against him, and this in turn hinges on three distinct legal questions: Is the evidence against Dr. Sen enough to convict him? Are the laws applied to him fair? And finally, is the maximalist sentence (life imprisonment) justified?
Around a single event
The evidence against Dr. Sen centres on a single event. He is accused of having met a jailed Naxalite, Narayan Sanyal, 33 times and carried letters from him to a Naxalite, Piyush Guha. But Dr. Sen met Sanyal in Raipur Central Jail with the permission of the Chhattisgarh police; the jail superintendent who supervised the meetings told the Raipur sessions court that no letters were exchanged. At the other end of the �crime�, Piyush Guha did not name him when he appeared before a magistrate. He is alleged to have implicated Dr. Sen while in police custody. But this is legally barred from being weighed as evidence, since all custodial confessions are presumed tainted with torture.
The central allegation against him is therefore tenuous at both ends. Other attempts to link him to Naxalites are individually trivial (or downright dubious, like an unsigned letter from the CPI-Maoists allegedly found in his house, but which is not part of the official seizure memo). But taken together they have managed to convince Justice B.P. Verma of Dr. Sen's role in aiding and abetting Naxal groups.
The second concern is the fairness of the laws used against Dr. Sen. Section 124A of the Indian Penal Code (Sedition) is a colonial-era law that has been previously invoked against Mohandas Karamchand Gandhi. Since it is a serious offence with the possibility of life in jail, in the 1962 case of Kedar Nath Singh v. State of Bihar the Supreme Court limited the definition of sedition to the �tendency to create disorder or disturbance of public peace by resort to violence.� Dr. Sen is convicted for acting as a letter courier between Naxalites; it is questionable if this �act� falls within the definition of sedition.
The other laws that Dr. Sen has been convicted under, the Chhattisgarh Special Public Security Act and the Unlawful Activities (Prevention) Act, make illegal a wide variety of actions that �support� unlawful activities: taking part in meetings or harbouring a Naxalite. These laws have been invoked against grain merchants and cloth traders who unwittingly sold their wares to Naxalites. Taken together, what all these laws do is to broaden the scope of what �guilt by association� means. Perhaps this is understandable in a State where Maoists are present in half of its 18 districts and requires an army of civilian supporters to sustain a war under forested cover. But fashioning a blunt legal tool to go after an elusive enemy enhances the risk of snaring innocents.
The final concern
The Congress party has declined to comment on the judgment, invoking the prerogative of an independent judiciary. It is no one's argument that the decision was politically determined. But political abuse includes the fairness of the laws formulated by the political class for judges to impose. After all, judicial independence must also consider the quality of laws that the Raipur sessions court had to enforce, and those laws define �guilt by association� so broadly that they blur the line between innocent and guilty.
The final concern is that of punishment. Dr. Binayak Sen has been sentenced to life imprisonment for conspiring to commit sedition. Sentencing ranges from three years to life in jail. Justifying the use of the maximalist sentence, Justice Verma's Hindi judgment points to �the way that terrorists and Maoists are killing ... paramilitary forces � and innocent Adivasis.� But surely there is a difference between CPI (Maoist) General Secretary Ganapati, a man with much blood on his hands, and a mere courier of letters between Naxalites? Even if Dr. Sen is guilty as charged, that charge is not of violence � something he has repeatedly spoken out against. To club varying actions together defeats the purpose of flexibility in sentencing, which is after all to permit the judge to recognise degrees of motivations and culpabilities.
The Raipur sessions court verdict is only the quarterfinal. Indian law affords Dr. Sen one automatic right to appeal, and another at the discretion of the Supreme Court. Meanwhile, given the visible disparity between the quality of allegations against him and the repercussions, the judgment is sure to provoke an outcry, if the national and international outrage over his two-year long arrest without bail is any indication (already Amnesty International has criticised the verdict).
The outcry will reverberate beyond one man. In 2009, a non-violent critic of the state was held guilty of sedition and sentenced to a lengthy spell in prison. That man's name is Liu Xiaobo, and the international focus on him dims the mandarin equivalent of India Shining. While the specific �crimes� of the 2010 Nobel Prize winner vary from those of Dr. Binayak Sen, the life imprisonment given to the Chhattisgarh doctor will surely discredit the justifiable struggle against Naxalism much as Mr. Liu's incarceration discounts the distance China has travelled since Tiananmen Square. Apart from the irreparable harm to the life of an individual and his family, the judgment risks tainting Indian democracy itself.
The writer is a doctoral student working on law and politics in India
One thousand three hundred and twenty days after he was first arrested, Binayak Sen has been sentenced to life imprisonment for sedition against the Indian state. Narratives on his guilt portray him as an �intellectual� coordinating Naxal attacks in the red corridor, just as narratives on his innocence are of a sainted doctor fingered by a vengeful state. But the only narrative that really matters is the legal case against him, and this in turn hinges on three distinct legal questions: Is the evidence against Dr. Sen enough to convict him? Are the laws applied to him fair? And finally, is the maximalist sentence (life imprisonment) justified?
Around a single event
The evidence against Dr. Sen centres on a single event. He is accused of having met a jailed Naxalite, Narayan Sanyal, 33 times and carried letters from him to a Naxalite, Piyush Guha. But Dr. Sen met Sanyal in Raipur Central Jail with the permission of the Chhattisgarh police; the jail superintendent who supervised the meetings told the Raipur sessions court that no letters were exchanged. At the other end of the �crime�, Piyush Guha did not name him when he appeared before a magistrate. He is alleged to have implicated Dr. Sen while in police custody. But this is legally barred from being weighed as evidence, since all custodial confessions are presumed tainted with torture.
The central allegation against him is therefore tenuous at both ends. Other attempts to link him to Naxalites are individually trivial (or downright dubious, like an unsigned letter from the CPI-Maoists allegedly found in his house, but which is not part of the official seizure memo). But taken together they have managed to convince Justice B.P. Verma of Dr. Sen's role in aiding and abetting Naxal groups.
The second concern is the fairness of the laws used against Dr. Sen. Section 124A of the Indian Penal Code (Sedition) is a colonial-era law that has been previously invoked against Mohandas Karamchand Gandhi. Since it is a serious offence with the possibility of life in jail, in the 1962 case of Kedar Nath Singh v. State of Bihar the Supreme Court limited the definition of sedition to the �tendency to create disorder or disturbance of public peace by resort to violence.� Dr. Sen is convicted for acting as a letter courier between Naxalites; it is questionable if this �act� falls within the definition of sedition.
The other laws that Dr. Sen has been convicted under, the Chhattisgarh Special Public Security Act and the Unlawful Activities (Prevention) Act, make illegal a wide variety of actions that �support� unlawful activities: taking part in meetings or harbouring a Naxalite. These laws have been invoked against grain merchants and cloth traders who unwittingly sold their wares to Naxalites. Taken together, what all these laws do is to broaden the scope of what �guilt by association� means. Perhaps this is understandable in a State where Maoists are present in half of its 18 districts and requires an army of civilian supporters to sustain a war under forested cover. But fashioning a blunt legal tool to go after an elusive enemy enhances the risk of snaring innocents.
The final concern
The Congress party has declined to comment on the judgment, invoking the prerogative of an independent judiciary. It is no one's argument that the decision was politically determined. But political abuse includes the fairness of the laws formulated by the political class for judges to impose. After all, judicial independence must also consider the quality of laws that the Raipur sessions court had to enforce, and those laws define �guilt by association� so broadly that they blur the line between innocent and guilty.
The final concern is that of punishment. Dr. Binayak Sen has been sentenced to life imprisonment for conspiring to commit sedition. Sentencing ranges from three years to life in jail. Justifying the use of the maximalist sentence, Justice Verma's Hindi judgment points to �the way that terrorists and Maoists are killing ... paramilitary forces � and innocent Adivasis.� But surely there is a difference between CPI (Maoist) General Secretary Ganapati, a man with much blood on his hands, and a mere courier of letters between Naxalites? Even if Dr. Sen is guilty as charged, that charge is not of violence � something he has repeatedly spoken out against. To club varying actions together defeats the purpose of flexibility in sentencing, which is after all to permit the judge to recognise degrees of motivations and culpabilities.
The Raipur sessions court verdict is only the quarterfinal. Indian law affords Dr. Sen one automatic right to appeal, and another at the discretion of the Supreme Court. Meanwhile, given the visible disparity between the quality of allegations against him and the repercussions, the judgment is sure to provoke an outcry, if the national and international outrage over his two-year long arrest without bail is any indication (already Amnesty International has criticised the verdict).
The outcry will reverberate beyond one man. In 2009, a non-violent critic of the state was held guilty of sedition and sentenced to a lengthy spell in prison. That man's name is Liu Xiaobo, and the international focus on him dims the mandarin equivalent of India Shining. While the specific �crimes� of the 2010 Nobel Prize winner vary from those of Dr. Binayak Sen, the life imprisonment given to the Chhattisgarh doctor will surely discredit the justifiable struggle against Naxalism much as Mr. Liu's incarceration discounts the distance China has travelled since Tiananmen Square. Apart from the irreparable harm to the life of an individual and his family, the judgment risks tainting Indian democracy itself.
The writer is a doctoral student working on law and politics in India
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