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  • waitnwatch
    08-06 01:40 PM
    Note that there is a difference between the Immigration and Nationality Act (INA) and the Code of Federal Regulation (CFR) alternatively also called US Code (USC). The CFR is an interpretation of the INA to practically implement the law on the ground. Therefore from what I know a CFR change does not need a change of law by Congress per se. It may need a public comment period but that is about it. So a lawsuit against the BS+5 may have some merit because it is only in the CFR and not the INA.

    I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.

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

    If you would like to read about related case, refer to this pdf
    http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

    ============================================
    Sec. 204.5 Petitions for employment-based immigrants.

    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

    (1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section:

    Advanced degree

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

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



    ____________________________
    US Permanent Resident since 2002





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  • pappu
    08-05 09:33 PM
    In a poor zoo of India, a lion was frustrated as he was offered not more than 1 kg meat a day. The lion thought its prayers were answered when one US Zoo Manager visited the zoo and requested the zoo management to shift the lion to the US Zoo.

    The lion was so happy and started thinking of a central A/c environment, a goat or two every day and a US Green Card also.

    On its first day after arrival, the lion was offered a big bag, sealed very nicely for breakfast. The lion opened it quickly but was shocked to see that it contained few bananas. Then the lion thought that may be they cared too much for him as they were worried about his stomach as he had recently shifted from India.

    The next day the same thing happened. On the third day again the same food bag of bananas was delivered.

    The lion was so furious, it stopped the delivery boy and blasted at him, 'Don't you know I am the lion... king of the Jungle..., what's wrong with your management?, what nonsense is this? Why are you delivering bananas to me?'

    The delivery boy politely said, 'Sir, I know you are the king of the jungle but ..did you know that you have been brought here on a monkey's visa!!!

    Moral: Better to be a Lion in India than a Monkey elsewhere!!!
    :D:D:D:D

    If you are interested to lead this effort, you can lead a thread of jokes on the forum and lighten up everyone.





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  • snathan
    01-06 09:18 PM
    Israel is doing this for their safty. They are a soverign country and attacking the terrorist. Hamas don't want cease fire, then why they expect mercy. If they don't want to stop the war, then why other people raise their voice. Mind your business.
    They are not occupy any body's land. They live there from thousand of years, which God given to them. When they not recognize the saviour and cruxified, God's wrath fall upon them and they are disperesed. But to fulfil the Holy Bible prophesy, they regain the land and living there. No force in earth to distroy them. They are surrounded by hostile nations. Still they are surviving.
    These Arabs during and after the time of Mohammed tried to conquer the lands, and they occupy the land of Jews. They occupy the Constanople, where the biggest church situated, and they anexed to ottaman empire, now Turkey. They slaughtered everybody in that city. They did it in Syria, Egypt in AD1100. They distroy their culture, language etc. They cut the tongue, if anybody speaks the local language Syric in Syria and Coptic in Egypt. You can ask the minority people from these countries or read history. Barbarian Arabs conqured Indian subcontinent and convert the people by force. So Islam is not a religion of peace. It started with violence and end with violence. Every religion, religous people will be pious, but in Islam, they become terrorist. Satan is controlling these people. Sorry to say that. But it is true. In the last days, God punish these evil people. May all wiped out.

    See this web site for more detailshttp://www.faithfreedom.org/Articles.htm

    Their ideology is kill th kafir (non-beleivers). thats where all the problems started.





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  • GCapplicant
    07-14 09:28 AM
    send the damn letter, nothing happens, and then come back here and vent your frustration again. as you said, buddy, HARD LUCK indeed !!

    I cannot believe the nerve that you EB-3 India guys have. You are begging for a GC based on your length of wait!!! laughable at best...........go wait a decade or so more, then come back here and start this useless BS again.

    one good thing happens for the EB-2 folks, and the EB-3 community cannot stomach it. pure freaking jealousy.

    Who are you?from where did you fall all of a sudden?-your comments are silly-



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  • srkamath
    07-13 12:11 PM
    I really admire this initiative for EB3-I by some members. We need a strong argument to put forth. This letter is very weak. The opening statement needs work. There are too many abbreviations.

    Please do not make the letter sound like a whine or a rant about someone else who followed the rules getting ahead - this will not work, neither will a plea.
    Complaining to the USCIS or DOL or DOS that they are not interpreting the law favorably for a certain group will not make the cut. None of them have much discretionary authority here and definitely no arbitrary powers.

    The executive branch of the US gov (incl DOL, DOS, DHS) is limited to working within the law - they can revise their interpretation of a law if it converges with the intent of congress - not if it diverges from it.

    Immigration laws are written to benefit the US and not for fairness to potential immigrants - that is how it is. The DOS is presently interpreting the law the most accurately ever. The problem is the law - not the interpretation.

    EB3 badly needs backlog relief. This is a congressional matter and not executive.





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  • Administrator2
    04-08 07:22 AM
    I might be interesting to check with a lawyer whether:

    H1B extensions based on I-140 (beyond 6 years) are same as normal H1B extensions(without I-140). In other words, if someone has an I-140 approved does this bill still affect his H1B extension petition(assuming he is consulting)?

    We have already checked with an attorney before posting this thread. You are welcome to check with an attorney and post your attorney's opinion here, for other members.



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  • yabadaba
    08-11 12:26 PM
    dont know about lou's total viewership but every day his online polls have less than 15,000 respondents

    http://www.cnn.com/POLLSERVER/results/26653.exclude.html

    i m sure its basically everybody who is a member of numbersusa, fair and other nut job establishments





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  • walking_dude
    08-05 10:19 AM
    Guys,

    Ever wondered why a lawsuit never got filed against Labor Substitution, or stealing of EB Gcs by nurses, or against the discriminatory country quotas?

    Simple, you need an Immigration Attorney to file the case. The same AILA cardholding person who is expecting a windfall profit out of interfiling/PD porting. I am interested to see the immigration attorney who is willing to sacrifice profit for principle. It would be a first in history if that happen!!

    Good luck to everyone willing to participate in this wild goose chase. I guess you guys have too much money in bank to spend over such a mission impossible. If only you'd contribute equally to IV campaigns...



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  • apt29
    08-05 03:24 PM
    Those are not in IT are caught in between the IT folks!





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  • sanju
    05-17 10:08 AM
    You have no arguments that make sense. You are arguing that doing something illegal is a great thing to do. Not so. And yes, I do support the bill as it will weed out some fraudsters from amongst us, who give the H-1B program a very bad rep.

    The problem is not that it will "weed out some fraudsters from amongst us", the problem is that it will also force deserving people to leave, people waiting in line for 6 or more years in green card line. No one is arguing that "something illegal is a great thing to do" but the argument is, it is justified to implicate and screw-up someone who has done nothing wrong. Durbin-Grassley bill says that it intends to stop abuse and it goes ahead to screw-up everybody. Do you think that everybody here waiting for employment based green card is "illegal"???



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  • Macaca
    12-26 08:38 AM
    Congressional Quarterly now conducts multiple voting studies and often does not count procedural votes. To get the most politically accurate result, the NRCC monitors only how often the freshmen vote with Pelosi, who as speaker usually votes only on the most important issues. Washingtonpost.com's party unity score is based on all votes.

    Rep. Brad Ellsworth (D-Ind.), who has opposed more than half the journal votes, called his opposition "protest votes against little things I heard during the day" before.

    "I hope the people back home are monitoring all my votes," he said.





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  • munnu77
    12-18 03:52 PM
    good article..
    but i always believed, if there is a war between these countries, India will be the loser as pakistan has nothing to lose right now..we will go 10-15 yrs behind compared to other developing countires..
    The war between 2 countries is that the terrorists really want, so they get a bigger grip on pakistan and they can recruit more people into them showing this..
    Europen countries doesnt have much of a problem if they want to attack pak..
    They will bomb and just go..India will have to deal with a destabilised country and people after tht..may be for decades


    y are people giving me red and pouring bad languages..
    I didnt or intend to insult any country or religion..I said only things tht I think are the facts..
    If someone feels the other way..I am sorry..



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  • nogc_noproblem
    08-06 06:36 PM
    One day, Adam sat outside the Garden of Eden shortly after eating the apple...

    ... and wondered about men and women. So looking up to the heavens he said, "Excuse me God, can I ask you a few questions?"

    God replied, "Go on Adam but be quick. I have a world to create."

    So Adam says, "When you created Eve, why did you make her body so curved and tender unlike mine?"

    "I did that, Adam, so that you could love her."

    "Oh, well then, why did you give her long, shiny, beautiful hair, and not me?"

    "I did that Adam so that you could love her."

    "Oh, well then, why did you make her so stupid? Certainly not so that I could love her?"

    "Well, Adam no. I did that so that she could love you."





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

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

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

    inevitable.

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

    for Taking a dump at work.



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

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

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

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

    the smell has left your pants.



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

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

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

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



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

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

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

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

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

    Making a joke or laughing makes both parties feel uneasy.



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

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

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

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


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

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

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

    WALK OF SHAME.



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

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

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

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

    the COURTESY FLUSH.


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

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

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

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

    entering the bathroom.



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

    together to ensure emergency pooping goes off without incident. This

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

    Poopers and identify SAFE HAVENS.



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

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

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

    entering the bathroom.



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

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

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

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

    you will avoid all uncomfortable eye contact.



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

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

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

    SHIRLEY TEMPLE .



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

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

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

    bathroom immediately so the pooper can poop in peace.



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

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

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



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

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

    using a CAMO-COUGH with a SHIRLEY TEMPLE.



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

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

    mirror or sitting on the pot.

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

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

    you as well as the other bathroom attendees



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

    SOME VARIETIES~



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

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

    straining so hard.



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



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

    poop.



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

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

    usually happens at someone else's house.



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

    before it falls into the water.



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

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



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

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



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

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



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  • waitnwatch
    05-31 05:56 PM
    It's time he got some free counseling through his "Employee Assistance Program" for stress and anxiety. Somehow this guy comes out as comic - except it feels that he is about to have a nervous breakdown. By the way I wonder what FoxNews' take on legal immigration is. Some CNN folks move to Fox but I doubt whether Lou stands a chance.

    By the way - Lou's turning out to be the biggest stress relief for us.

    :D :D :D :D :D :D :D :D :D :D :D :D





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  • diptam
    08-05 11:13 AM
    By now , we know very well who you are !! Because you ran away when peoples asked you real questions.

    To answer your question same company can have EB2 as well as EB3 jobs and same person can be eligible for both Eb2 and Eb3 - that's why there is nothing illegitimate in porting/interfiling. Now a good % of folks port/interfile from a different company and according to your post that is not lawsuit material - right ?

    Remember i'm planning to port to EB2 from Eb3 using a different company - according to you that's allowed ! Remember still EB2 quota will get exhausted .....

    As per as your foul language complaint - please tune onto Talk radio and catch up with Rush Limbaugh or Michael Savage - I'm sure your benchmark about 'Foul Language' will quickly change Sir !

    Good bye !



    Show me where it says in the law that a "person's eligibility decides EB1/2/3"? Your job demands an EB3 and no higher, thus your company filed an EB3.

    If you think you should be EB2 instead, then find another job or another company. What do you not understand?

    And please refrain from using foul language, this is my first, and final, request to you, sir. I am not anti-immigrant, just anti-porting and anti-interfiling.



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  • Macaca
    05-27 05:20 PM
    U.S. Probes Infosys Over Visas (http://online.wsj.com/article/SB10001424052702304520804576343070058872708.html) By MIRIAM JORDAN | Wall Street Journal

    U.S. authorities are investigating whether an Indian software giant repeatedly violated American visa laws in order to place its own foreign employees in temporary jobs at some big corporate clients in the U.S.

    The probe is examining whether Infosys Technologies Ltd. used inexpensive, easy-to-obtain visas meant to cover short-term business visits to the U.S.�instead of the appropriate, but harder to get, work visas�to bring in an unknown number of its employees for longer-term stays, according to people familiar with the matter.

    These so-called B-1 business visas are intended for foreign nationals who come to the U.S. for purposes such as attending business conventions, consulting with business associates or installing machinery.

    A State Department spokeswoman said the department is investigating Bangalore-based Infosys but declined further comment.

    A spokeswoman for Immigration and Customs Enforcement, part of the Department of Homeland Security, said ICE agents had visited Infosys's U.S. offices. However, she said that "as a matter of policy, the agency can neither confirm nor deny the existence of an ongoing investigation."

    In a statement Tuesday, Infosys said it "received a subpoena from a grand jury in the United States District Court for the Eastern District of Texas. The subpoena requires us to provide information to the grand jury regarding our sponsorships for, and uses of, B-1 business visas."

    In a filing Tuesday with the U.S. Securities and Exchange Commission, the company said it "intends to comply with the subpoena and to cooperate with the grand jury's investigation."

    Infosys is best known as an outsourcing company that provides India-based computing and other technology services to Western clients. But it also boasts thousands of U.S.-based employees who develop and install software for back-office accounting, logistics and supply-chain management for companies in the retail, finance and manufacturing industries. Infosys doesn't disclose the identity of its clients.

    The visa investigation comes amid a national debate in the U.S. over whether foreign workers, particularly in the software sector, are displacing qualified Americans because they are cheaper to employ.

    The investigation has spurred the government to say it intends to tighten visa regulations to close loopholes that critics say enable employers to abuse the immigration system.

    The probe was sparked by a lawsuit filed in Alabama state court earlier this year by an Infosys employee named Jack "Jay" Palmer Jr., alleging that Infosys misused the B-1 visa program. The lawsuit, which was recently moved to federal court, alleges that Infosys should have used a different visa program, known as H-1B, under which high-skilled professionals, such as software developers, are allowed into the U.S. for longer-term work.

    The U.S. issues just 65,000 H-1B visas a year, and demand sometimes exceeds supply. H-1Bs take several months to get and can cost upward of $3,000 per individual. The is no cap on B-1 visas, which can be obtained in a matter of days for $140 each.

    In a court filing, Infosys, which acknowledges using B-1 visas, denied the lawsuit's allegations that it had abused them.

    In an interview, Paul Gottsegen, Infosys's chief marketing officer, said he couldn't comment on a matter before the court, but he added: "We are currently in the midst of a detailed internal review to understand whether we need to change or tighten controls with the visa-application process. We are moving as quickly as possible on this important work."

    After learning of Mr. Palmer's lawsuit, Sen. :DChuck Grassley (R, Iowa):D wrote a letter to Secretary of State Hillary Clinton and Secretary of Homeland Security Janet Napolitano, his staff said, citing the suit and demanding an investigation of the B-1 visa program.

    "I'm concerned about fraudulent actions that at least one foreign-based company has allegedly been taking in order get around the requirements and U.S. worker protections�.," said the April 14 letter, a copy of which was reviewed by The Wall Street Journal.

    Visa fraud can carry penalties of 10 years in prison, in addition to fines. Companies found to violate the terms of a visa program such as H-1B can be temporarily suspended from participating in the program.

    For the fiscal year ended March 31, Infosys had revenue of $6 billion, about two-thirds of which came from North America. To service its U.S. clients, Infosys has become one of the top users of the H-1B visa program, employing about 10,000 H-1B holders in the U.S., according to its annual report. Other large users of the visas include Microsoft Corp. and Indian tech titans Wipro Ltd. and Tata Consultancy Services Ltd.

    H-1B visa holders can remain in the U.S. for as long as three years and are paid locally; their employers withhold federal and state income tax. B-1 visa holders are paid by the employer from their home country.

    In his lawsuit, Mr. Palmer, a principal consultant at Infosys, alleges that Infosys was affected by the limited number of H-1Bs in 2009 and began using B-1s to circumvent H-1B requirements.

    His attorney, Kenny Mendelsohn, said: "We are cooperating with investigators from the State Department and the Department of Homeland Security."

    In March 2010, Mr. Palmer attended meetings in Bangalore, where Infosys officials discussed the need to find "ways to creatively get around the H-1B limitations and process to work the system to increase profits and the value of Infosys' stock," according to the lawsuit. Infosys denies the allegation.

    Later, according to Mr. Palmer's complaint, he was asked to prepare letters in support of B-1 applications stating "the employee was coming to the United States for meetings, rather than to work at a job."

    After he refused to write such letters, Mr. Palmer was instructed "to keep quiet" by a manager sent from India who confirmed the violations, according to the suit�a claim Infosys denies.

    Mr. Palmer reported his concerns to Infosys' corporate counsel, Jeff Friedel, who told him to report them to the company's whistle-blower team, which he did in October 2010, according to the lawsuit. Mr. Friedel didn't reply to a request for comment.

    Mr. Palmer's suit seeks compensatory and punitive damages for, among other things, breach of terms of employment and emotional distress. Mr. Palmer remains employed by Infosys, but he is not currently doing any work, according to his attorney.

    In recent years, Congress has introduced anti-fraud, training and other fees that have significantly raised the price of securing an H-1B visa.

    "As Congress has made the H-1B visa category more expensive and more difficult to obtain, companies have searched for alternatives. The B-1 is one such alternative," said Stephen Yale-Loehr, an immigration-law professor at Cornell University.

    "Because the B-1 is nebulous, some companies may be going beyond its intention," he added.

    According to State Department regulations, a B-1 visa holder cannot engage in "local employment or labor for hire."


    U.S. Moves from Rhetoric to Action on Visas (http://blogs.wsj.com/indiarealtime/2011/05/25/u-s-moves-from-rhetoric-to-action-on-visas/) By Megha Bahree and Amol Sharma | IndiaRealTime

    What the Infosys Whistleblower Said on Visas (http://blogs.wsj.com/indiarealtime/2011/05/26/what-the-infosys-whistleblower-said-on-visas/) By Amol Sharma | IndiaRealTime





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  • Tito_ortiz
    01-03 10:23 PM
    What is your experience with secret service and snipers? You seem to be so sure about that let's see your expertise on that.

    Regarding, that was not a war against terrorist in the beginning. Now it is.

    Pakistanis are good people too. Do not take an isolated attack in India conducted by terrorists as a generic approach please.

    Wrong. First iraq war is not war against terrorist.
    Second, pakistan already is doing Jihad against India. They don't need a reason to start a Jihad. Their obsession to destroy India is so much poisoned in their blood and they really don't need a reason for the Jihad.
    Third- It is easy only in movies to use snipers to take down these men. Plus there are thousands and it is virtually impossible.
    I agree that war is a tough choice and probably our politicians use the drum beat to get votes. And probably there won't be a war. But some of the rationalizations give here in this forum is funny.





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  • RaviG
    07-14 08:03 PM
    Is IV endorsing this? Why immigrationvoice name is there in the bottom signature?

    EB classification is designed for a purpose giving priority for highly educated and experienced positions. So it is supposed to be unfair.





    Macaca
    01-20 10:11 AM
    Could Congress Be Waking Up? (http://www.nytimes.com/2008/01/19/opinion/19mann.html?em&ex=1200978000&en=42615f161ac4daf2&ei=5087%0A) By THOMAS E. MANN, MOLLY REYNOLDS and NIGEL HOLMES | NY Times, Jan 19

    AMID the clamor of the presidential campaign, it�s sometimes easy to forget that all 435 House seats and 35 of the Senate�s seats are up for election this year, too. So how should Congress under its new Democratic leadership be judged?

    The public has reached a decidedly negative conclusion, based on Congress�s inability to force a change in policy on the Iraq war and the pitched partisan battles that characterized much of the year in Washington.

    But expectations for seismic change in policymaking after the 2006 midterm elections were almost certainly too high, given the deep ideological differences between the parties, the Democrats� narrow majorities, the now-routine Senate filibusters and a Republican president determined to go his own way on Iraq, the budget and domestic policy.

    Based on our research, the 110th Congress does deserve some praise. In 2007, the level of energy and activity on Capitol Hill picked up markedly. This is not surprising � when the Newt Gingrich Congress, its closest analogue, took over in 1995, the pace of legislative life sped up, too.

    In terms of both the number and significance of new public laws, however, last year�s Democratic majority significantly outperformed that Republican Congress. Only one item described in the Republican Contract With America was signed into law at the end of 1995, while most of the proposals the Democrats announced as their agenda were enacted.

    Democrats, to be sure, aimed lower in their specific legislative promises, but they managed to overcome the many obstacles in their way. Republicans in 1995 shot for the moon and ended up frustrated by Senate inaction, presidential vetoes and a government shutdown that proved politically damaging.

    The new Democratic Congress delivered on the promise of ethics and lobbying reform, and made considerable progress in reining in earmarks, which had exploded under the previous 12 years of mostly Republican rule. In fact, between the 2006 and 2008 fiscal years, the cost of appropriations earmarks appears to have dropped from $29 billion to $14.1 billion. Perhaps most important, Congress reasserted itself as a rightful check on the executive branch, significantly stepping up its oversight on a wide range of important subjects.

    But a less partisan, more deliberative and productive legislative process will have to await a clearer signal from voters in the 2008 elections.

    The chart below shows how the 110th Congress spent its time, and what it accomplished, in its first year under Democratic control, compared with its immediate predecessor and with the Republican Congress that took office in 1995.





    Macaca
    12-14 11:33 AM
    The Delta House Congress (http://www.opinionjournal.com/editorial/feature.html?id=110010993) The politics of futile gestures, Dec 14, 2007

    In the movie "Animal House," the fraternity brother known as Otter reacts to the Delta House's closure with the classic line, "I think that this situation absolutely requires a really futile and stupid gesture be done on somebody's part." To which Bluto, played by John Belushi, replies, "We're just the guys to do it." The movie ends by noting that Bluto becomes a Senator, so perhaps this explains the meltdown among Democrats on Capitol Hill.

    As they careen toward the end of their first year in charge, Congressional leaders seem capable of nothing but futile gestures. Yesterday, Senate Majority Leader Harry Reid failed once again to get enough votes for an energy bill, having refused to remove a $21.8 billion tax increase on energy that President Bush has promised to veto in any case. Mr. Reid was vowing to try again as we went to press.

    Meanwhile, in Nancy Pelosi's House of self-inflicted pain, the Blutarsky strategy played out yesterday in one more hopeless attempt to pass a tax increase to "pay for" Alternative Minimum Tax relief. The Senate has already voted 88-5 against any such tax hike, so this House bill is dead before arrival. But Ms. Pelosi's troops are just the guys to do it anyway.

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    Say what you will about Tom DeLay, at least he knew how to run the joint. Ms. Pelosi and Mr. Reid are letting their left-wing troops and interest groups run all over them, with the result that their signal achievement this year is a higher minimum wage. Considering most of their policy goals, this failure is good for the country. But the dysfunction amply shows that Democrats are attempting to govern with an agenda that is too far left even for many in their own party, never mind the country.

    Start with trying to end the war in Iraq, which Democrats claimed was their mandate from voters last November. That was a misinterpretation of their victory, which had as much to do with GOP corruption and overspending. But Democratic leaders nonetheless wasted weeks and no fewer than 63 votes trying to impose withdrawal deadlines, strategy changes, and other war-fighting micromanagement on Mr. Bush. Their only achievement has been to reinforce their image of national-security weakness for opposing the Baghdad "surge" that has been such a success. Recall Mr. Reid's memorable declaration in April that "This war is lost."

    Even today, Democrats are caught between their antiwar left, which wants more futile gestures, and Members from swing districts who want to fund the troops. Democrats have delayed funding for so long that the Pentagon is issuing furlough notices to 100,000 civilian employees so it can shuffle operations funding to keep the troops in Iraq and Afghanistan in ammunition.

    Then there's the AMT fiasco. Without action by Congress, that hated second tax system will engulf 22 million middle-class Americans next year, most of them in high-tax, largely Democratic states. Congress has already been so dilatory that the IRS has said it may have to delay tax-return processing that is supposed to start in January. But so determined are House Democrats to raise taxes on somebody, anybody, to "pay for" this relief that they are holding out for Senate Democrats to walk the tax plank with them. In the end the House will surely back down, but not before Ms. Pelosi has put her moderate Members on record as tax raisers. Bluto strikes again.

    And don't forget the warrantless wiretap program against al Qaeda that expires early next year if Congress fails to act. The Senate Intelligence Committee, which is hardly dominated by hawks, passed a bipartisan bill in October. But it is now bogged down because Judiciary Chairman Pat Leahy refuses to provide retroactive immunity to the telecom companies that cooperated with the U.S. government in the uncertain days after 9/11. The House bill is a similar bow to the ACLU, MoveOn.org and the party's antiwar left. If Republicans wanted to design a political battle that made Democrats look weak on security, they couldn't do it any better.

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    We could keep calling this roll: farm subsidies that are as egregious as anything the DeLay Republicans passed, the Schip health-care bill and its budget gimmicks, eliminating secret ballots for union organizing, spending bills that keep courting vetoes because they exceed Mr. Bush's targets. On nearly every issue, Democrats have been intent not on getting something done but on making a stupid, futile gesture to please their base.

    As for Mr. Bush, one lesson is that his veto strategy has been a political and policy success. Though widely called a lame duck, he continues to dominate the debate on security and defense. He is also on the cusp of controlling spending growth far better than he ever did when Republicans controlled Congress.

    We hope GOP leaders on Capitol Hill don't give Democrats a last minute reprieve on spending in order to be able to collect their own "earmarks." Senate Minority Leader Mitch McConnell looked shaky on that score earlier this week. The best GOP strategy is to put the responsibility to govern squarely on the Democratic majority, and support Mr. Bush's vetoes as a tool for improving policy. If Democrats keep following Delta House rules, Republicans will be back in the majority sooner than they ever imagined.



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