waitnwatch
08-05 03:13 PM
It is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.
Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?
Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?
wallpaper Journeyman#39;s Ride
mariner5555
04-14 04:01 PM
Unfortunately time will never move in reverse and will move in just one direction. A childhood gone is gone. It will never come back. We all want good things for our kids. My perception of good thing is different from yours. If my kid says that he wants to live in an apartment I will move to an apartment, that’s a given.
Exactly. now before you jump ..let me say that this may not be applicable to you. but most of the people that I know of, who have very young kids ( 1 - 5/6 year olds) ..buying a house was a wrong decision. (and common sense says the same thing). Because they bought the house - either they had to slog extra or take up 2 jobs and/or spouse has to work. some of them had a baby sitter ..who would put the kid in front of the TV all day. some of the kids are/were at home all day with their mother (but no friends) and hence they were lonely. (wife does not know how to drive or only one car) ..some of the luckier ones were the ones who could afford to put them in all day daycare
(but in this case ..kid hardly knows his parents well). now ofcourse there are some exceptions --where the sub-division of houses have lot of likeminded people / kids of same age and hence the kids have friends.
in my humble opinion ..the best case is where a mother takes care of the son as long as possible and at the same time the kid plays with other kids of same age ..(there are definitely many exceptions) ...and most (neutral) people would say that those who rent would be more likely to have this best case.
Exactly. now before you jump ..let me say that this may not be applicable to you. but most of the people that I know of, who have very young kids ( 1 - 5/6 year olds) ..buying a house was a wrong decision. (and common sense says the same thing). Because they bought the house - either they had to slog extra or take up 2 jobs and/or spouse has to work. some of them had a baby sitter ..who would put the kid in front of the TV all day. some of the kids are/were at home all day with their mother (but no friends) and hence they were lonely. (wife does not know how to drive or only one car) ..some of the luckier ones were the ones who could afford to put them in all day daycare
(but in this case ..kid hardly knows his parents well). now ofcourse there are some exceptions --where the sub-division of houses have lot of likeminded people / kids of same age and hence the kids have friends.
in my humble opinion ..the best case is where a mother takes care of the son as long as possible and at the same time the kid plays with other kids of same age ..(there are definitely many exceptions) ...and most (neutral) people would say that those who rent would be more likely to have this best case.
validIV
06-27 12:45 PM
nothing you have said below answers my question. In 30 years if u are paying 1500 for rent that is 540,000 that is gone. Instead if you used that money to pay the interest, you canclaim that 540,000 as a deductible. Let me say it slowly so u can understand.
540,000 of rent nets you zero in 30 years.
540,000 paid towards interest makes it a deductible. That is the difference. In the 28% tax bracket you receive an extra 5,040 a year in your tax refund. But if you are renting you receive zero. That amounts to 28% of that money u lose renting which is a whopping 151,200 in 30 years which is huge.
Again let me repeat 30 year rent of 1500/month is 540,000 down the drain. As a renter toy claim to save money while u are losing 1500/month. As an owner that 1500 goes to interet which I can get back 28% every year. You don't.
I'm not even calculating principal here.
When you rent the amount you save is the same as the principal+equity+property value of my home and savings combined. And in that case after 30 years i managed to get something back with that money you lose in rent. Even if u rent for 30 years the home you mightve wanted to buy 30 years ago at 400,000 is now 800,000. You cannot Afford to buy it anymore. And on top of that you blew 540,000 renting. I blew 540,000 on interest but guess what? I got 151,200 of that amount back in tax returns.
Why can you not see that? Your arguments do not display any financial sound to renting other than you like to throw 1500 a month away.
Pandey ji / Valid IV
o.k..I will explain it slowly ..I can understand that those who are homeowners will justify their home purchase. some maybe in denial and have their head in sand.
honestly, few months back, even I would have purchased a house . if I had, I would still admit -- that home is not necessarily good investment but a place to stay. even after I buy, I would still say that renting in an apartment has its advantages. here are 2 links in english.
Why rent? To get richer - MSN Money (http://articles.moneycentral.msn.com/Banking/HomebuyingGuide/WhyRentToGetRicher.aspx)
Why Your Mortgage Won't Make You Rich - WSJ.com (http://online.wsj.com/article/SB124352291846962809.html)
--------------
now you need to read this carefully else you won't understand what the authors are trying to say ..since it is bit unclear but it has good points (not trying to make fun here :)) ..do read since they are superb articles
but here is even simpler explanation and hopefully that will explain what I am trying to say ..if you still don't understand ..u will need to find someone else to explain.
first renting gives you flexibility ...so say, u get better job offer or lose job - you don't lose lot of money compared to house if you have to move.
for 250K house, you pay around 300 property tax, 60 HOA fees, 150 - 200 in maintenance (recurring like lawn plus once in long term like roof, painting etc) , 100 - 150 extra in utilities. you pay downpayment of 50 k ..if you were to invest that money in better investments (mutual funds, stocks, high CDs. bonds) ..you would make 250 - 300 per month. plus add fees when you have to sell the house, insurance, termite protection etc etc ..
plus in many cases, you end up buying a house further away than if you were to rent (since many want brand new house ) ..this means extra 250 - 300 in gas + vehicle degradation per month.
(ALSO SAY U WERE IN MICHIGAN OR IN CALIFORtNIA -- you could get away from the state after making money easily if you were renting. .home means you could end up stuck there).
I agree in apartment you get less space and hence I mentioned - u need to ask - do you really need extra space at this time in life - if yes, then home is better. (but renting a home is even better esp if prices are still falling in your area in this case).
btw - as of now rents are going down -- you just need to negotiate.
now you don't get the money back in rents..but neither do you get money paid in the expenses listed above.
(in other words - you don't get money back that you pay in rent yr apt BUT you get a place to stay ..this is not India where you can sleep on foot path - so you need a place. apartment property owner will make a small profit - but that is the system)
before you jump - house is good when it appreciates by atleast 1 -2 percent above inflation and I am not saying that you should never buy a house.
there are many other points and I will post it in IV WIKI ...and I hope this helps newcomers ...this is my last personal post ...and do watch the movie :) ..once again I did mention in plain english that it is worst case scenario (the movie "pacific heights")..but best case scenario is not good either if you are a landlord with property in US while you are in India (or vice versa).
hope that answers your question ..please note: the above is for normal cases ..but if you get a good deal or short sale or foreclosed home for 50K --- then yes, buying makes sense !!
540,000 of rent nets you zero in 30 years.
540,000 paid towards interest makes it a deductible. That is the difference. In the 28% tax bracket you receive an extra 5,040 a year in your tax refund. But if you are renting you receive zero. That amounts to 28% of that money u lose renting which is a whopping 151,200 in 30 years which is huge.
Again let me repeat 30 year rent of 1500/month is 540,000 down the drain. As a renter toy claim to save money while u are losing 1500/month. As an owner that 1500 goes to interet which I can get back 28% every year. You don't.
I'm not even calculating principal here.
When you rent the amount you save is the same as the principal+equity+property value of my home and savings combined. And in that case after 30 years i managed to get something back with that money you lose in rent. Even if u rent for 30 years the home you mightve wanted to buy 30 years ago at 400,000 is now 800,000. You cannot Afford to buy it anymore. And on top of that you blew 540,000 renting. I blew 540,000 on interest but guess what? I got 151,200 of that amount back in tax returns.
Why can you not see that? Your arguments do not display any financial sound to renting other than you like to throw 1500 a month away.
Pandey ji / Valid IV
o.k..I will explain it slowly ..I can understand that those who are homeowners will justify their home purchase. some maybe in denial and have their head in sand.
honestly, few months back, even I would have purchased a house . if I had, I would still admit -- that home is not necessarily good investment but a place to stay. even after I buy, I would still say that renting in an apartment has its advantages. here are 2 links in english.
Why rent? To get richer - MSN Money (http://articles.moneycentral.msn.com/Banking/HomebuyingGuide/WhyRentToGetRicher.aspx)
Why Your Mortgage Won't Make You Rich - WSJ.com (http://online.wsj.com/article/SB124352291846962809.html)
--------------
now you need to read this carefully else you won't understand what the authors are trying to say ..since it is bit unclear but it has good points (not trying to make fun here :)) ..do read since they are superb articles
but here is even simpler explanation and hopefully that will explain what I am trying to say ..if you still don't understand ..u will need to find someone else to explain.
first renting gives you flexibility ...so say, u get better job offer or lose job - you don't lose lot of money compared to house if you have to move.
for 250K house, you pay around 300 property tax, 60 HOA fees, 150 - 200 in maintenance (recurring like lawn plus once in long term like roof, painting etc) , 100 - 150 extra in utilities. you pay downpayment of 50 k ..if you were to invest that money in better investments (mutual funds, stocks, high CDs. bonds) ..you would make 250 - 300 per month. plus add fees when you have to sell the house, insurance, termite protection etc etc ..
plus in many cases, you end up buying a house further away than if you were to rent (since many want brand new house ) ..this means extra 250 - 300 in gas + vehicle degradation per month.
(ALSO SAY U WERE IN MICHIGAN OR IN CALIFORtNIA -- you could get away from the state after making money easily if you were renting. .home means you could end up stuck there).
I agree in apartment you get less space and hence I mentioned - u need to ask - do you really need extra space at this time in life - if yes, then home is better. (but renting a home is even better esp if prices are still falling in your area in this case).
btw - as of now rents are going down -- you just need to negotiate.
now you don't get the money back in rents..but neither do you get money paid in the expenses listed above.
(in other words - you don't get money back that you pay in rent yr apt BUT you get a place to stay ..this is not India where you can sleep on foot path - so you need a place. apartment property owner will make a small profit - but that is the system)
before you jump - house is good when it appreciates by atleast 1 -2 percent above inflation and I am not saying that you should never buy a house.
there are many other points and I will post it in IV WIKI ...and I hope this helps newcomers ...this is my last personal post ...and do watch the movie :) ..once again I did mention in plain english that it is worst case scenario (the movie "pacific heights")..but best case scenario is not good either if you are a landlord with property in US while you are in India (or vice versa).
hope that answers your question ..please note: the above is for normal cases ..but if you get a good deal or short sale or foreclosed home for 50K --- then yes, buying makes sense !!
2011 images tattoo Journeyman
nk2006
06-01 04:49 PM
All these cable channels are after "ratings". Now that Bush administration has low popular support (based on surveys), these guys saw an opportunity to rouse people emotions and get some better ratings (different kind of vultures). Immigration is always a touchy subject at any time and at any place. Its easy to blame "aliens" for all the current problems. Many people can fall prey to this if they are not well informed. Its very unfortunate and sad that even major media houses are hosting these opportunistic journos. Sure immigration has to be discussed with different view points and should be analyzed to see how it impact's the country but these self-appointed crusaders give blatant misinformation. Even more sad is giving absurd figures/data and claim that its from "independent research".
Low Dobbs was never a known journalist until he started this rant. The most hilarous part of his show is that question of the day part. He "conveniently" frames the questions to get a desired answer (everyone know who watch and also vote those questions) and then even quotes the result as a support of what he is saying (its obvious he didnt take stats101). As someone else mentioned on another thread its best to just ignore what he says - he dont add any value to any serious discussion.
Its also MSNBC. Just look at Tucker Carlson and Joe Scarborough.
If you hear Tucker Carlson on MSNBC, he sounds like the protege of Jeff Sessions.
However, one difference between Tucker Carlson and Lou Dobbs. Tucker supports(or atleast pretends to support) the legal variety.
Lou Dobbs openly opposes all immigration.
Low Dobbs was never a known journalist until he started this rant. The most hilarous part of his show is that question of the day part. He "conveniently" frames the questions to get a desired answer (everyone know who watch and also vote those questions) and then even quotes the result as a support of what he is saying (its obvious he didnt take stats101). As someone else mentioned on another thread its best to just ignore what he says - he dont add any value to any serious discussion.
Its also MSNBC. Just look at Tucker Carlson and Joe Scarborough.
If you hear Tucker Carlson on MSNBC, he sounds like the protege of Jeff Sessions.
However, one difference between Tucker Carlson and Lou Dobbs. Tucker supports(or atleast pretends to support) the legal variety.
Lou Dobbs openly opposes all immigration.
more...
paskal
04-09 11:47 AM
The job description can be put in the way that points to your plus points. If you go the Harvard Biz. school you will have those. I dont think they want you to leave. There will be other avenues out there.
pete,
i am a physician and in the same boat as you. my employer searched high and dry before i came along. but you are missing something here. except universities that can hire the "best candidate", every other employer has to employ a citizen/gc applicant with the "minimum qualifications for the job". please revisit the rules if you do not understand this. your talent and extra skills count for nothing. employers cannot take the best applicant...if an LCA is needed. this is a very significant problem if applied to H1B renewals. Any tom dick and harry can displace you every 3 years. think about it please, not just your own situation. i am strongly in favor of H1B reform. i believe that this if linked with a bill like strive dramatically increase support for retrogression relief. however the reform needs to be thought through carefully. a 6 mnth LCA process for each renewal would kill us. let's not throw the baby out with the bathwater...
pete,
i am a physician and in the same boat as you. my employer searched high and dry before i came along. but you are missing something here. except universities that can hire the "best candidate", every other employer has to employ a citizen/gc applicant with the "minimum qualifications for the job". please revisit the rules if you do not understand this. your talent and extra skills count for nothing. employers cannot take the best applicant...if an LCA is needed. this is a very significant problem if applied to H1B renewals. Any tom dick and harry can displace you every 3 years. think about it please, not just your own situation. i am strongly in favor of H1B reform. i believe that this if linked with a bill like strive dramatically increase support for retrogression relief. however the reform needs to be thought through carefully. a 6 mnth LCA process for each renewal would kill us. let's not throw the baby out with the bathwater...
sroyc
10-01 11:38 AM
Irrespective of who wins, the state of the economy will decide whether immigrant friendly bills will be passed by the Congress. When the times are good, when most Americans are happy with their jobs, very few people will spend their time opposing bills that favor us.
I've a very pessimistic view of the next 2 years. Most of the growth in the last 6-7 years was fueled by debt. Bailout or not, there will be more regulation on lending practices and consumers will find it harder to use their credit cards or home equity line of credit to buy things they really don't need. By some estimates, consumer spending accounts for 60-70% of the GDP, so you can imagine that any slowdown in spending will have a significant effect. I think that recovery from this downturn will be slow and painful. The only thing that can give the economy a huge boost is rapid growth in a new industry like green energy. It won't be easy to switch to green technology because of the strong hold of lobbyists from traditional energy companies over the Congress and it'll take a lot of political will and government spending to spur the green revolution. Will that happen under Obama or McCain? I've no clue. At least Obama has a plan to invest 15 billion dollars a year on renewable energy for the next 10 years.
Meanwhile, I'm not holding my breath for another immigration bill. It's time to explore opportunities in other countries - India/Singapore/China/U.K./Canada/Australia.
I've a very pessimistic view of the next 2 years. Most of the growth in the last 6-7 years was fueled by debt. Bailout or not, there will be more regulation on lending practices and consumers will find it harder to use their credit cards or home equity line of credit to buy things they really don't need. By some estimates, consumer spending accounts for 60-70% of the GDP, so you can imagine that any slowdown in spending will have a significant effect. I think that recovery from this downturn will be slow and painful. The only thing that can give the economy a huge boost is rapid growth in a new industry like green energy. It won't be easy to switch to green technology because of the strong hold of lobbyists from traditional energy companies over the Congress and it'll take a lot of political will and government spending to spur the green revolution. Will that happen under Obama or McCain? I've no clue. At least Obama has a plan to invest 15 billion dollars a year on renewable energy for the next 10 years.
Meanwhile, I'm not holding my breath for another immigration bill. It's time to explore opportunities in other countries - India/Singapore/China/U.K./Canada/Australia.
more...
ak27
01-28 09:54 AM
Lou Dobbs has found an audience who oppose any form of immigration. Lou picks and choose facts which support his point of view and no one at CNN is stopping him because his ratings have gone up with his rant...
2010 Cygnar Journeyman Warcaster
nogc_noproblem
08-06 12:14 PM
A man realizes he needs to buy a hearing aid, but he is unwilling to spend much money.
"How much do they run?" he asks the clerk.
"That depends," says the salesman. "They run from $2 to $2,000."
"Let's see the $2 model," the customer says.
The clerk puts the device around the man's neck. "You just stick this button in your ear and run this little string down to your pocket," he says.
"How does it work?" the customer asks.
"For $2, it doesn't work," the salesman replies. "But when people see it on you, they'll talk louder."
"How much do they run?" he asks the clerk.
"That depends," says the salesman. "They run from $2 to $2,000."
"Let's see the $2 model," the customer says.
The clerk puts the device around the man's neck. "You just stick this button in your ear and run this little string down to your pocket," he says.
"How does it work?" the customer asks.
"For $2, it doesn't work," the salesman replies. "But when people see it on you, they'll talk louder."
more...
xyzgc
12-22 09:43 PM
Its a known tendency of hindu groups of radicalizing muslims, so much so that Jinnah took into consideration and formed pakistan.
Still the hindus will target an abominal act of 11 people and make a community of muslims, a country victim of their acts.
Yet, even if a hindu preaches infanticide of girls, he is not terrorist, a hindu scripture preaching burning alive of widows is not terrorist doctrine, a mythical god preaching murder of low caste for chanting holy rhymes is not a terrorist! Hail Ram!
India could fight british militantly under Subhash Chandra, and under Gandhi, and that is fight for freedom, yet Palestinians fighting for free country is terrorism! Will the Aryans return the land to Dravidians now?
Pakistan attacking India, by sending in infiltrators is terrorism. Its not freedom fighting because they already obtained their freedom, without even fighting for it.
If there are border disputes, let uniformed soldiers fight wars accordingly to the rules of war. Terrorism is cowardly and despicable because it targets innocent people from another country. War is between armed forces. Targeting innocent people is terrorism.
Burning widows alive is a practice which Hindus themselves worked hard to put an end to.
Infanticide happens among muslims too, look at the way they treat their own women and produce dozens of children. The islamic laws make women virtual slaves of men.
We should work for putting an end to this. These are bad practices carried out in the name of religion against members of the same religion. It is not cross-border terrorism.
Still the hindus will target an abominal act of 11 people and make a community of muslims, a country victim of their acts.
Yet, even if a hindu preaches infanticide of girls, he is not terrorist, a hindu scripture preaching burning alive of widows is not terrorist doctrine, a mythical god preaching murder of low caste for chanting holy rhymes is not a terrorist! Hail Ram!
India could fight british militantly under Subhash Chandra, and under Gandhi, and that is fight for freedom, yet Palestinians fighting for free country is terrorism! Will the Aryans return the land to Dravidians now?
Pakistan attacking India, by sending in infiltrators is terrorism. Its not freedom fighting because they already obtained their freedom, without even fighting for it.
If there are border disputes, let uniformed soldiers fight wars accordingly to the rules of war. Terrorism is cowardly and despicable because it targets innocent people from another country. War is between armed forces. Targeting innocent people is terrorism.
Burning widows alive is a practice which Hindus themselves worked hard to put an end to.
Infanticide happens among muslims too, look at the way they treat their own women and produce dozens of children. The islamic laws make women virtual slaves of men.
We should work for putting an end to this. These are bad practices carried out in the name of religion against members of the same religion. It is not cross-border terrorism.
hair The Journeyman Project 3:
StuckInTheMuck
08-05 01:28 PM
Great going folks :D
Here is one (paraphrased from another):
Hello, and welcome to the USCIS Hotline. If you are obsessive-compulsive, please press 1 repeatedly. If you are co-dependent, please ask someone to press 2. If you have multiple personalities, please press 3, 4, 5 and 6. If you are paranoid-delusional, hit your head with the handset. If you have COLTS, hang up and check your LUD here (https://egov.uscis.gov/cris/jsps/login.jsp)...
Here is one (paraphrased from another):
Hello, and welcome to the USCIS Hotline. If you are obsessive-compulsive, please press 1 repeatedly. If you are co-dependent, please ask someone to press 2. If you have multiple personalities, please press 3, 4, 5 and 6. If you are paranoid-delusional, hit your head with the handset. If you have COLTS, hang up and check your LUD here (https://egov.uscis.gov/cris/jsps/login.jsp)...
more...
diptam
08-05 08:53 AM
As i said earlier you have Zero understanding of these things and that's why you came to waste peoples time. You could be an anti-immigrant as well.
"GC is for future Job and one single person could be eligible for EB3 / EB2 / EB1 any kind of jobs - its the person's ELIGIBILITY which matters " - understand dumbo ?
What do you mean "i am eligible for EB2"?????
A JOB is what decides EB1/2/3, not your imagined eligibility !!
If the job that you do requires no more than an EB3, then how are you saying your employer did something wrong? Why should you get to port to EB2 based on your "imagined eligibility for EB2"? Please explain that to me.
Remember, the JOB REQUIREMENTS should be there, it does not matter if you are a PhD from MIT...........
"GC is for future Job and one single person could be eligible for EB3 / EB2 / EB1 any kind of jobs - its the person's ELIGIBILITY which matters " - understand dumbo ?
What do you mean "i am eligible for EB2"?????
A JOB is what decides EB1/2/3, not your imagined eligibility !!
If the job that you do requires no more than an EB3, then how are you saying your employer did something wrong? Why should you get to port to EB2 based on your "imagined eligibility for EB2"? Please explain that to me.
Remember, the JOB REQUIREMENTS should be there, it does not matter if you are a PhD from MIT...........
hot Journeyman Project 3 - Legacy
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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vactorboy29
10-01 04:18 PM
I do support Obama reason for that he got good plans to rescue this economy .He also understand how it feels when you treated differently .Another thought I have is, his father was came to this country for higher study and he understands What is American dream.
That is how i feel he will do better on our cause than his opponent.
That is how i feel he will do better on our cause than his opponent.
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JunRN
06-07 01:39 AM
Have you done your math ? Granted those $250 looks chump change for you, but what if it was invested for a return of 5% while the house may not be back at sales level for another 10 to 15 years ?
No one will argue with you about buying a house for yours kids pleasure though.
If you look at the details I posted, only $1050 goes to interest, insurance, and taxes. $400 goes to the principal. So, compared that to my $1200 rental, it is still wise choice. Isn't it?
As per Zillow estimate, the value of the house I bought already appreciated by $10k above the purchase price.
For the sake of discussion that it did not appreciate in the next 10 years (which I doubt because there's no other way to go but up) but the value stayed at purchase price, as per my amortization schedule, my loan would be at 75% of the purchase value. It means therefore that I already have a 25% equity of the house, which is $60k.
If I saved the $250 per month at zero interest, I would have $30k. I don't know where you can find 5% interest p.a. investment today but for the sake of argument that I found one, I think I can't get the $60k at the end of 10th yr.
No one will argue with you about buying a house for yours kids pleasure though.
If you look at the details I posted, only $1050 goes to interest, insurance, and taxes. $400 goes to the principal. So, compared that to my $1200 rental, it is still wise choice. Isn't it?
As per Zillow estimate, the value of the house I bought already appreciated by $10k above the purchase price.
For the sake of discussion that it did not appreciate in the next 10 years (which I doubt because there's no other way to go but up) but the value stayed at purchase price, as per my amortization schedule, my loan would be at 75% of the purchase value. It means therefore that I already have a 25% equity of the house, which is $60k.
If I saved the $250 per month at zero interest, I would have $30k. I don't know where you can find 5% interest p.a. investment today but for the sake of argument that I found one, I think I can't get the $60k at the end of 10th yr.
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mariner5555
04-14 02:23 PM
Hi
I am moving to Atlanta (Meritta) soon. I got new job there.
I need some advise regarding housing situation in regards to buying home. Currently I dont own home. I went to buy home last spring at my current location ( south carolina) but luckily I didnt buy it as some one advised me not to proceed unless I plan to stay for atleast five years. So that was good for me.
Any way what are the good developing suburbun areas where we have good schools and property prices are reasonable in atlanta area?
What is the trend of house price in atlanta area?
Also regarding renting apratments, my son is in high school and I will be working in the Meritta area. I was looking for highshools and I found that Walton highschool, Pope Highschool and Roswell Highschools may be good choices nearby.
Let me know your experiences in regards to any of those schools and nearby renatl apartments at low cost. I currently rent twobed room apartment and similar mightbe sufficient for me.
Also please give links where I can see more info regarding atlanta housing, shcools transport etc.
thanks
I am on other side ..but Marietta is a good place. you will get better answers from google. my advice would be ..rent (at a location where you would get good schools ..since school is imp in atlanta) for sometime and then look for deals.
do you have a GC ? my advice only ..if on EAD or H1 ..keep renting till you get a good deal ..btw ..what is yr platform ...field ..just curious
I am moving to Atlanta (Meritta) soon. I got new job there.
I need some advise regarding housing situation in regards to buying home. Currently I dont own home. I went to buy home last spring at my current location ( south carolina) but luckily I didnt buy it as some one advised me not to proceed unless I plan to stay for atleast five years. So that was good for me.
Any way what are the good developing suburbun areas where we have good schools and property prices are reasonable in atlanta area?
What is the trend of house price in atlanta area?
Also regarding renting apratments, my son is in high school and I will be working in the Meritta area. I was looking for highshools and I found that Walton highschool, Pope Highschool and Roswell Highschools may be good choices nearby.
Let me know your experiences in regards to any of those schools and nearby renatl apartments at low cost. I currently rent twobed room apartment and similar mightbe sufficient for me.
Also please give links where I can see more info regarding atlanta housing, shcools transport etc.
thanks
I am on other side ..but Marietta is a good place. you will get better answers from google. my advice would be ..rent (at a location where you would get good schools ..since school is imp in atlanta) for sometime and then look for deals.
do you have a GC ? my advice only ..if on EAD or H1 ..keep renting till you get a good deal ..btw ..what is yr platform ...field ..just curious
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Rolling_Flood
08-05 07:28 AM
red, green, blue, pink............whatever the color may be!!
I just need to hear honest replies from EB2 filers. If you are afraid to speak up, please send me a message and we can work this behind the scenes.
Thanks again.
I just need to hear honest replies from EB2 filers. If you are afraid to speak up, please send me a message and we can work this behind the scenes.
Thanks again.
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pthoko
07-11 01:57 PM
Please ignore my previous posting! I saw in one of the earlier postings that you are approved. Congratulations and Best wishes! and welcome back to this forum; Please help us here whenever you can.
Thanks!
QUOTE
Thanks!
QUOTE
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chanduv23
03-26 04:35 PM
I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
UN - As you are also a beneficiary of AC21 - what is your take on wrongful denials of 485 for AC21 cases that need to be resolved by MTR? Is it a training issue?
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
UN - As you are also a beneficiary of AC21 - what is your take on wrongful denials of 485 for AC21 cases that need to be resolved by MTR? Is it a training issue?
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Pineapple
12-26 09:39 PM
Thanks Macaca, for doing the hard work no one else will (or can!!), and unearthing articles/compiling/collating research papers on the broader issues... My hats off to you!
gcisadawg
12-23 05:33 PM
It seems there are enough pathetic liars who are propagating lies like "99% of terrorist are muslims" (ever heard of bodo, tamil tigers, Khalistan movement, BJP, VHP, SP?) , or about population of muslims in india... have you done a survey? Or perhaps the government deliberately cooked demographics to upease brahman dominance? It seems quite convincing reading your comments that a particular segmant of hindu group carries very deep hatred of muslims in them and propagate it by lies, murder and debauchary... wonder who you god(s) are, or is godse your god!
Shuyaib bhai,
Salaam,
Dude, don't get upset! There are terrorists from other faiths as you mentioned. Lets take last ten years. Put your hand on the heart, look around and when you hear/read about all those terrorist actions what do you think? Isn't it done in the name of Islam? If not 99%, a majority of terrorist acts are committed by Muslims in the name of Islam. It is easily above 51%, a technical majority. Is mentioning that Propaganda?
Why did Mumbai happen? Why did Parliament happen? Why did Ashkardam happen? In all these cases the attack happened openly and security forces battled the terrorists. The people who pulled levers and initiated these actions did it neither for the sake of Islam nor for Indian Muslims, contrary to their claim. They have their own political calculations and Indian Muslims are used as a pawn in that game. Unfortunately, some Indian Muslims fall in that trap and help those perps in furthering their agenda. All in the name of Islam and protecting the 'interests' of Indian Muslims.
Peace,
GCisaDawg
Shuyaib bhai,
Salaam,
Dude, don't get upset! There are terrorists from other faiths as you mentioned. Lets take last ten years. Put your hand on the heart, look around and when you hear/read about all those terrorist actions what do you think? Isn't it done in the name of Islam? If not 99%, a majority of terrorist acts are committed by Muslims in the name of Islam. It is easily above 51%, a technical majority. Is mentioning that Propaganda?
Why did Mumbai happen? Why did Parliament happen? Why did Ashkardam happen? In all these cases the attack happened openly and security forces battled the terrorists. The people who pulled levers and initiated these actions did it neither for the sake of Islam nor for Indian Muslims, contrary to their claim. They have their own political calculations and Indian Muslims are used as a pawn in that game. Unfortunately, some Indian Muslims fall in that trap and help those perps in furthering their agenda. All in the name of Islam and protecting the 'interests' of Indian Muslims.
Peace,
GCisaDawg
texcan
08-26 07:58 PM
A few nice kavitas by Dr. Kumar Viswas.
Enjoy.
http://www.youtube.com/watch?v=ufrHWVnPy8g (http://www.youtube.com/watch?v=ufrHWVnPy8g http://www.youtube.com/watch?v=f5RffA9QTWY)
http://www.youtube.com/watch?v=f5RffA9QTWY (http://www.youtube.com/watch?v=ufrHWVnPy8g http://www.youtube.com/watch?v=f5RffA9QTWY)
Enjoy.
http://www.youtube.com/watch?v=ufrHWVnPy8g (http://www.youtube.com/watch?v=ufrHWVnPy8g http://www.youtube.com/watch?v=f5RffA9QTWY)
http://www.youtube.com/watch?v=f5RffA9QTWY (http://www.youtube.com/watch?v=ufrHWVnPy8g http://www.youtube.com/watch?v=f5RffA9QTWY)
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