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  • gc4me
    08-06 10:38 AM
    Very well said obviously! But whatever we think about Mrs. Rolling Flood, she already got her lone fan SunnySurya who PMed her his/her phone number. :rolleyes:
    Sure they will have good time in coming weekend.
    We are here guessing whether RF and SS are girl-girl or guy-girl or guy-guy?:confused:

    Rolling_Flood,
    If you are willing to take action, I am with you. Don't worry about what other people are saying, it does not matter. A man got to do what he got to do.
    Let us start with taking some legal opinions. I am willing to share the cost.
    I also beleive (and firmly so) that the PD porting among categories should not be allowed.
    I am sending you my phone number in PM. Call me when you are ready and we can discuss more. Alternatively, give me your phone number as I definitly want to follow through.
    Thanks
    Sunny

    started by a guy/gal who possibly spent the formative years of his/her life buried in text books because mama/papa wanted him/her to crack the JEE and get into IIT... possibly feted with flowers on his/her trip to the US...after lying on the F1 visa interview about intent to immigrate...and now seeking to raise a hue and cry because the protectionist sense of entitlement is being challenged by law abiding immigrants...someone that is obviously closeted in perspective...

    obviously, a spoilt child crying sour grapes... the admins did not sweep anything under the carpet... they let this thread grow to 13 pages! obviously, you are someone that is unhappy with a lot of things. stop hurting yourself. you might invite a myocardial infraction given the rate at which you seem to be stressing out... there is no EB3 (majority) vs. EB3 (minority) issue... stop raking up more BS... enough is enough... someone has to have the b*lls to tell you that the world is bigger than you and your inflated sense of self worth and entitlement...got it?

    i still dont see the EB2 job posting for this #1 guy/gal in a #2 company... what a #3 (third rate :)) poster with a #4 (fourth degree) threat that started this all... i can help your company find a qualified US citizen for YOUR EXACT JOB... go ahead, do post that... scared to do that? :)... obviously you are!!!! Ha! Ha! Ha!

    PM me and I can help your company. No, I am not a body shopper and wont take commissions, thank you. Just thought I'd help a US company not have to deal with this immigration BS, so they can let you go and hire a US citizen instead. Seriously, I call that social service.

    While I am at it, I can also contact special interest groups from the ACLU to Gay/Lesbian Groups to Veteran Groups to find out why their members dont get the kind of protected 'lines' that EB2's such as you have! After all, if EB2 is such a protected category, why not have other protections for other groups that need such protections? We can go ahead and divide the world into pieces as small as our mind... :D

    My last post for this obvious loser... mama/papa would be proud, indeed :D... sad, sorry state of reality that we call the 'high skilled immigration cause' ...

    While you are ranting and raving, dont forget to get back to basics... and read my earlier threads educating you on the basics of EB immigration and why the current interfiling / porting is a valid practice...

    Go ahead, rant, rave... enjoy your stress... :D

    BTW: I have more qualifications and success than people have letters in their long names :)... so, I know a little bit about success :D... and I didnt get it by throwing others under the bus... !




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  • soni7007
    08-06 03:23 PM
    Send a PM to soni and ask, he/she gave me one.

    Dear NKR, I am a "she" I did not give u a red dot..You are hilarious:)




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  • unitednations
    03-24 02:59 PM
    Unitednations,
    I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.

    -----------------------Not really; i have much more knowledge on this then everyone on these boards. I'm just hesitant of giving very specific examples as it will give some people more information then they need to know.

    - Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?


    ------------------labor subsitution issues seemed to be confined to a specific industry, specific people. People thought retrogression was going to go away. Did it go away? Main issue with EB is more people then # of greencards available. It may change the ordering but not the number of people going for greencard.

    - If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.


    ------------------------------------they are your sponsorers. They are the reason why you are here. Without them; you are not here. If they are not following the laws the way uscis wants then they will make it difficult for them. They are going hard after them to directly go after you. Don't you guys understand that?



    - Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?


    -----------------------------Those systems are designed becasue they want people there. USA system is not designed for this. Increasingly; it is becoming apparent that uscis/government is becoming hostile towards immigration. Once; they determine they actually want people here then they'll make it easy.


    - If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?

    --------------------------------------who says they are not going after them. they are all getting a healty case of denials. Main issue is they are thinking there is fraud in IT. IT is dominated by people from India. Kill staffing companies; then you kill h-1b.


    - Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?


    ---------------------------------------Problem is that with the myriads of laws and USCIS discretion in following laws; there is no perfect IT system since much of it is related to adjudicator discretion.

    - Why can't they ban DV lottery? But go after H1Bs. You will say to do that law must be changed. But at least go strict on whom you approve once they are selected in the lottery. Are they not bringing lot of criminals, fanatics, unemployed and uneducated poor through DV.


    -----------------------no idea. I do see that people talk about "highly skilled". There is no definition of "highly skilled" in immigration. Skilled worker is job that requires two years of experience. I bet just about every person coming through DV or family base would meet the definition of skilled worker in employment base sens.

    - Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.

    ----------------------who says they are not. It is just a different perspective of what people think they should go after. Right now DOL is visiting consultants at their end client locations and interviewing them.

    The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .

    I was one of you and I mainly deal with many of you guys. Unfortunately, people want to come into this country in many different ways and just because we want to; doesn't mean they are going to let us.

    btw; see --------------------------------for my comments.




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  • srkamath
    07-13 02:15 PM
    Whoever, plans to put their name and signature on this letter ......

    " Let me take you back to the situation in 2001-2003..when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from TOP US universities) our Labors were sent back from DOL saying that the Economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 non RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years. " - sounds awkward, someone with better writing skills needs to re-write this.

    "....most people applied in EB2 and got their Labors cleared in few months time.... " - So why didn't/couldn't/wouldn't you?

    "After having followed the rules set by DOL and the USCIS and waited patiently in line ignoring the short cut routes of substitute labor or converting to EB2 categories we applied for I-485 in June 07 to get our EAD's. " - I-485 to get EAD ??? Doesn't make sense....

    The whole letter sounds like you are demanding some kind of entitlement......and are suggesting that those who applied for EB2 under PERM did something wrong?



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  • senthil1
    09-26 09:29 AM
    But still I watched that Obama was favoring increasing GC and H1b. Just he is opposite to outsourcing that too he may cut some tax benefits for the companies which are outsourcing. That will not have much impact on outsourcing.Basically two candidates are favoring high skilled immigrants. But everything is on the hands of congress.
    I am a big supporter of Obama and a big fan and am eagerly looking forward to see him as our next President of United States. As a legal highly skilled immigrant what can I expect? Well, not sure if I would see myself living here anymore. I have been in the green card queue for more than 8 years now and still waiting. Will Obama's administration do anything for people like me to help reduce backlog? I doubt such a thing will ever happen. I would see myself and people like me discouraged and start packing our bags and move on with life.

    Why do I feel discouraged? If anything is going to happen for the immigrant community when Sen. Obama becomes the President, it is going to be in the lines of CIR 2007. There would be provisions to make illegal immigrants as legal and remove backlogs to family based quota whereas posing harsh restrictions on H1b visas and reducing Green Card quotas and scrap AC21 portability and try to experiment with some new kind of skilled immigration system.

    The above is very evident based on the fact that Senator Durbin has been very hostile to EB immigrants. It is evident that Senator Durbin will make the calls when Senator Obama becomes the president.

    Please post your opinions. This is a very important discussion. It is very important that the community see what is in store for us when the new Administration takes charge.

    A lot of folks in the EB community are looking forward to 2009 thinking something will definitely happen. Yes, something will definitely happen - and that may not help us




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  • nojoke
    04-15 06:18 PM
    kaiserose & NKR have made some mistakes by buying a costly home & wouldn't admit.

    May God Bless you guys.

    :D:D



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  • abhisam
    07-26 04:01 PM
    UN,

    A quick question for you. So far, I havent found anything wrong with my I-485 application.

    My wife is currently on an H4 visa and is a dependent applicant on our AOS application. She was working in our native country before coming to the US. When the lawyer filled her biographic information, she did not mention her employment in India. She just filled that section as N/A. We did not care at that moment because we thought USCIS might be more concerned about my employment history, as I am the primary applicant.

    Now after reading all this, I'm a bit worried. And my question is exactly opposite of what most people are asking. Does not stating my wife's foreign employment mean fraud to USCIS? I really appreciate all help that you can extend in this regard.

    Thanks,
    abhisam




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  • vijay0101
    07-14 05:30 PM
    http://www.dol.gov/esa/media/press/whd/whdpressVB2.asp?pressdoc=seattle/20051573.xml

    http://www.dol.gov/esa/media/press/whd/whdpressVB2.asp?pressdoc=seattle/20051573.xml

    News Release

    U.S. Department of Labor
    Wage and Hour Division
    Release Number: 05-1573-SEA (05-145)
    Date:
    Dec. 2, 2005

    Contact:
    Michael Shimizu

    Phone:
    1-866-4-USWAGE



    Ajay International of Bothell Ordered to Pay $65,830 in Back Wages to Three Employees
    SEATTLE -- Ajay International Inc., Bothell, Wash., has been ordered to pay $65,830 in back wages to three employees, the U.S. Department of Labor announced today. The department�s Wage and Hour Division also fined the company $18,400 in civil money penalties for violations of the Immigration and Nationality Act�s H-1B visa program, including the failure to pay the prevailing wage to non-immigrant workers.


    Also, in a motion for summary judgment, the Administrative Law judge ordered the firm debarred from filing any new Labor Condition Applications under the Act for a period of two years.

    �This employer failed to pay the required prevailing wages to employees, misrepresented material facts, failed to provide notice of filing, accepted payment from an H-1B worker for filing fees, failed to maintain required records, and violated other provisions of the Act,� said Donna Hart, Seattle district director for the Wage Hour Division.

    The H-1B visa program permits employers to temporarily hire non-immigrants to fill specialized jobs in the United States. An employer must pay an H-1B worker at least the same wage it pays other employees who perform the same type of work or the prevailing wage in the area.

    Seattle area-based Ajay International is an employment agency in the high-technology field. The department's investigation covered the period April 1, 2003, through Jan. 31, 2005.

    The Wage and Hour Division recovered nearly $200 million in back wages in fiscal year 2004 for more than 288,000 workers nationwide. Average days to resolve a complaint during that time decreased from 108 to 92 days.

    For more information about the H-1B non-immigrant worker visa program and other provisions of the Immigration and Nationality Act enforced by the Wage and Hour Division, contact the Seattle District Office at 206-398-8039 or the department�s toll-free help line at 1-866-4USWAGE (1-866-487-9243). Information is also available at www.wagehour.dol.gov.


    ###

    --------------------------------------------------------------------------
    The information in this release is available in alternate format (large print, Braille, audio tape, and disc) from the COAST office. Please specify which news release when placing your request. Call 202-693-7773 or TTY 202-693-7755.

    --------------------------------------------------------------------------"

    Hi Guys

    Be Careful with The Ajay International Inc www.ajay.com and The Real Technologies USA Inc web sites used www.realtechusa.com . And the Person Name "Sanjay Tyagi". This is the company recently black listed by DOL Seattle and then they opened a new company Name called �Real Technologies USA Inc" with web site www.realtechusa.com and doing the same thing to get the black listed. So I like to warn the guys who are working for them or considering working for them should have rethink about their decision. Please be very careful when you are dealing with this guy and the company.
    So spread the word.
    You can read the press release above in this post.



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  • Macaca
    02-21 04:04 PM
    Sometime back CNN (or Wolf Blitzer) used to say that CNN is the best news on network. Does anyone remember the exact words? Thanks.




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  • gk_2000
    07-30 03:59 PM
    I emailed Sen Hutchinson from Texas to vote NO for the DREAM Act and I called it "Organized and Controlled" amnesty as illegal kids who will get GCs will be able to sponsor their illegal parents for GC after 4 years.

    All the illegals who have kids in college will get get GC's in 4 yrs after their kids pass college while EB3 has to wait for 20 years. This is a joke. Look at the reply from the Sen below:

    On March 26, 2009, Senator Richard Durbin (D-IL) introduced S. 729, the DREAM Act, which would allow states to offer in-state tuition rates to long-term resident immigrant students. The bill also would allow certain long-term residents who entered the United States as children to have their immigration or residency status adjusted to conditional permanent resident status or permanent resident status. The DREAM Act has been referred to the Senate Committee on the Judiciary, on which I do not serve. Should S. 729 come before the full Senate, you may be certain I will keep your views in mind.

    Great work..

    Reminds me of my reply from Barbara Boxer:

    Dear Mr. xxxx:



    Thank you for taking the time to write and share your views with me. Your comments will help me continue to represent you and other Californians to the best of my ability. Be assured that I will keep your views in mind as the Senate considers legislation on this or similar issues.



    If you would like additional information about my work in the U.S. Senate, I invite you to visit my website, Official Website of U.S Senator Barbara Boxer: Home (http://boxer.senate.gov). From this site, you can send a message to me about current events or pending legislation, access my statements and press releases, request copies of legislation and government reports, and receive detailed information about the many services that I am privileged to provide for my constituents. You may also wish to visit THOMAS (Library of Congress) (http://thomas.loc.gov) to track current and past federal legislation.



    Again, thank you for sharing your thoughts with me. I appreciate hearing from you.

    Barbara Boxer
    United States Senator



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  • chanduv23
    03-23 03:50 PM
    well..you hit nail..yes..I initially worked with that company that started with S**..but I changed them after 1 year after coming to US

    So, keep cool. Talk to an Attorney. use a good Attorney for everything from now. You can forward the email request to the Attorney and go from there.




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  • xyzgc
    01-01 07:48 PM
    earlier even I had views like yours (one of our close friend was killed in 1993 blasts) ,,but think with a cool mind ..war will just lead to loss of more lives, economy everywhere will be devastated and you get more hardcore idiots/fundamentalists ..you don't set a house on fire to kill few rats ..there are changes happening ..pakistan has killed many terrorists on its borders
    lets first see where we Indians are at fault ..which did congress (I) remove POTA, why were they (BJP included) advocating more train/bus tours with pakistan, why grant them visas at all ..why can't India fortify its borders (apparently politicians have tons of money for foreign tours and medical visits ..VP singh, kamal nath , there was one politician from Tamil nadu who spent crores and crores in a hospital in texas) ..why can't they give proper salary, weapons, immunity to police force ..why do they give special status to Indian muslims (instead of trying to integrate them in the main stream), why the HAJ subsidy ..I can go on and on ..lets first focus on changing these things before talking about war

    Yes, your points are valid. I agree with you. I have the same views and part of the frustration is that the govt doesn't do anything to improve the security. Folks just complain how incompetent the police is, but the police are never paid well, don't have enough arms.
    I wonder why they paid Govt employees so less, who will not be corrupt if you are paid so less...now the salaries are better. My dad was a never govt employee but I'm sad that Govt folks were so much underpaid!



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  • srr_2007
    04-07 12:17 AM
    My understanding H1 B employers (mostly desi companies) are root cause of this situation by abusing H1 b program, they have made enough money by sucking H1 employees blood, now hey are equally affected it is time for them to share some of it and fund all the efforts to curb these kind of Bills.

    Please forward the text of this bill to all your employers and ask them to join hands with IV.

    Desi consulting comapanies will not be affected. Consider this, if this bill becomes you can't transfer Visa and stick to the same employer. They can pay whatever they feel like paying (may be $7 per hr) and abuse the way they want. we will continue to extend the Visa and work as slaves thinking that this will get over one day like the Green card mess.

    They will earn more with less people and buy all the new model cars and houses everywhere in US.

    This is our problem and we have to fight for our good.




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  • desi3933
    07-12 10:33 AM
    My employer back in 2001 and 2002 did not pay me in a consistent way..I was paid once in every three months during the time I was in bench. I have the W2 returns from those two years which shows average income of only 29K. However I had valid visa status and h1b approval from my employer as well as employment verification letter from them. Now i am with a new employer since 2003 and do not have any problems with them and get paid regularly. After reading manub's post I am also worried if my I485 will be denied whenever I apply for it... or is there somethings I can take care of before? It is not my fault that the employer did not pay me consistently - right?

    There are some serious issues here.

    You got 29k salary for 2 years and still maintain that you had valid status for these 2 years.

    I suggest you consult a good attorney.

    ______________________________
    Not a legal advice.



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  • gcisadawg
    12-23 12:24 AM
    Good post,
    You post is a testimony that not all hope is lost with Islam. There are still people like yourselves who can think objectively or at least open to one.
    And this is the reason why I am not against Islam as this would also mean that I am raising my fingers on the guys like urself.


    Dude, if ss1026 is not on this forum, then is the absence of ss1026 a testimony to the fact that all hopes are lost with islam? I dont buy this line of thinking. we are better than that!




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  • Macaca
    12-27 07:15 PM
    In �Daily Show� Role on 9/11 Bill, Echoes of Murrow (http://www.nytimes.com/2010/12/27/business/media/27stewart.html) By BILL CARTER and BRIAN STELTER | New York Times

    Did the bill pledging federal funds for the health care of 9/11 responders become law in the waning hours of the 111th Congress only because a comedian took it up as a personal cause?

    And does that make that comedian, Jon Stewart � despite all his protestations that what he does has nothing to do with journalism � the modern-day equivalent of Edward R. Murrow?

    Certainly many supporters, including New York�s two senators, as well as Mayor Michael R. Bloomberg, played critical roles in turning around what looked like a hopeless situation after a filibuster by Republican senators on Dec. 10 seemed to derail the bill.

    But some of those who stand to benefit from the bill have no doubt about what � and who � turned the momentum around.

    �I don�t even know if there was a deal, to be honest with you, before his show,� said Kenny Specht, the founder of the New York City Firefighter Brotherhood Foundation, who was interviewed by Mr. Stewart on Dec. 16.

    That show was devoted to the bill and the comedian�s effort to right what he called �an outrageous abdication of our responsibility to those who were most heroic on 9/11.�

    Mr. Specht said in an interview, �I�ll forever be indebted to Jon because of what he did.�

    Mr. Bloomberg, a frequent guest on �The Daily Show,� also recognized Mr. Stewart�s role.

    �Success always has a thousand fathers,� the mayor said in an e-mail. �But Jon shining such a big, bright spotlight on Washington�s potentially tragic failure to put aside differences and get this done for America was, without a doubt, one of the biggest factors that led to the final agreement.�

    Though he might prefer a description like �advocacy satire,� what Mr. Stewart engaged in that night � and on earlier occasions when he campaigned openly for passage of the bill � usually goes by the name �advocacy journalism.�

    There have been other instances when an advocate on a television show turned around public policy almost immediately by concerted focus on an issue � but not recently, and in much different circumstances.

    �The two that come instantly to mind are Murrow and Cronkite,� said Robert J. Thompson, a professor of television at Syracuse University.

    Edward R. Murrow turned public opinion against the excesses of Senator Joseph McCarthy in the 1950s. Mr. Thompson noted that Mr. Murrow had an even more direct effect when he reported on the case of Milo Radulovich, an Air Force lieutenant who was stripped of his commission after he was charged with associating with communists. Mr. Murrow�s broadcast resulted in Mr. Radulovich�s reinstatement.

    Walter Cronkite�s editorial about the stalemate in the war in Vietnam after the Tet Offensive in 1968 convinced President Lyndon B. Johnson that he had lost public support and influenced his decision a month later to decline to run for re-election.

    Though the scale of the impact of Mr. Stewart�s telecast on public policy may not measure up to the roles that Mr. Murrow and Mr. Cronkite played, Mr. Thompson said, the comparison is legitimate because the law almost surely would not have moved forward without him. �He so pithily articulated the argument that once it was made, it was really hard to do anything else,� Mr. Thompson said.

    The Dec. 16 show focused on two targets. One was the Republicans who were blocking the bill; Mr. Stewart, in a clear effort to shame them for hypocrisy, accused them of belonging to �the party that turned 9/11 into a catchphrase.� The other was the broadcast networks (one of them being CBS, the former home of Mr. Murrow and Mr. Cronkite), which, he charged, had not reported on the bill for more than two months.

    �Though, to be fair,� Mr. Stewart said, �it�s not every day that Beatles songs come to iTunes.� (Each of the network newscasts had covered the story of the deal between the Beatles and Apple for their music catalog.) Each network subsequently covered the progress of the bill, sometimes citing Mr. Stewart by name. The White House press secretary, Robert Gibbs, credited Mr. Stewart with raising awareness of the Republican blockade.

    Eric Ortner, a former ABC News senior producer who worked as a medic at the World Trade Center site on 9/11, expressed dismay that Mr. Stewart had been virtually alone in expressing outrage early on.

    �In just nine months� time, my skilled colleagues will be jockeying to outdo one another on 10th anniversary coverage� of the attacks, Mr. Ortner wrote in an e-mail. �It�s when the press was needed most, when sunlight truly could disinfect,� he said, that the news networks were not there.

    Brian Williams, the anchor of �NBC Nightly News� and another frequent Stewart guest, did not comment on his network�s news judgment in how it covered the bill, but he did offer a comment about Mr. Stewart�s role.

    �Jon gets to decide the rules governing his own activism and the causes he supports,� Mr. Williams said, �and how often he does it � and his audience gets to decide if they like the serious Jon as much as they do the satirical Jon.�

    Mr. Stewart is usually extremely careful about taking serious positions for which he might be accused of trying to exert influence. He went to great lengths to avoid commenting about the intentions of his Rally to Restore Sanity and/or Fear in Washington in October, and the rally itself emphasized such less-than-impassioned virtues as open-minded debate and moderation.

    In this case, Mr. Stewart, who is on vacation, declined to comment at all on the passage of the bill. He also ordered his staff not to comment or even offer any details on how the show was put together.

    But Mr. Specht, the show guest, described how personally involved Mr. Stewart was in constructing the segment.

    After the news of the Republican filibuster broke, �The Daily Show� contacted John Feal, an advocate for 9/11 victims, who then referred the show producers to Mr. Specht and the other guests.

    Mr. Stewart met with the show�s panel of first responders in advance and briefed them on how the conversation would go. He even decided which seat each of the four men should sit in for the broadcast.

    For Mr. Stewart, the topic of the 9/11 attacks has long been intensely personal. He lives in the TriBeCa area and has noted that in the past, he was able to see the World Trade Center from his apartment. Like other late-night comedians, he returned to the air shaken by the events and found performing comedy difficult for some time.

    But comedy on television, more than journalism on television, may be the most effective outlet for stirring debate and effecting change in public policy, Mr. Thompson of Syracuse said. �Comedy has the potential to have an important role in framing the way we think about civic life,� he said.

    And Mr. Stewart has thrust himself into the middle of that potential, he said.

    �I have to think about how many kids are watching Jon Stewart right now and dreaming of growing up and doing what Jon Stewart does,� Mr. Thompson said. �Just like kids two generations ago watched Murrow or Cronkite and dreamed of doing that. Some of these ambitious appetites and callings that have brought people into journalism in the past may now manifest themselves in these other arenas, like comedy.�



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  • yabadaba
    08-11 09:03 AM
    Pappu, if u put in cable news network and state = Georgia...it will pull up 15 records of h1b applications made by CNN in 2005. maybe someone needs to tell dobbs that. 9 H1 B for fox




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  • delax
    07-14 10:14 AM
    Eb2- I people are wrong when they think any steps taken by EB3-I are because of jealousy. I have contributed in each of IV effort knowing fully well that Eb3I is not going to be benefited by the effort. Still someone was getting the benefit. Now if EB3I want to do something, what is the issue? If a person from Eb2I with PD of 2006 feels that the reason behind efforts taken by a EB3 I person with PD of 2001/2002 is jealousy, then the EB2I person is being very narrow in his/her thinking. It should not take a huge amount of brainpower to realize the frustration and sadness the EB3 I person would be feeling. Irrespective of this I think a lot of people who contribute to IV campaigns are EB3I.

    Everyone irrespective of what category he or she is would very easily realize that Eb3I needs help, else it is going nowhere. By reading comments in this thread, my fear is coming true that the help needed may not come from IV. Once all EB2 people get their GC, there would be no further fight for EB3.

    Sure EB3-I needs help, but if the help is in the form of taking numbers away from EB2 and giving them to EB3 just based on the length of wait, then I have my serious objections to this proposal. I have said openly that I will object to it - I have never seen a post that says plainly - Yes EB3-I is stuck for 7-8 years and therefore they want numbers from EB2 because EB2 has moved ahead by 2 years. The irony is that all earlier posts imply this and talk about this request for handover in a very general way (75/25 break up, recession, lawyer input, etc).

    Visa recapture, country cap elimination is where the solution lies. That is the REAL help that EB3-Retro wants. Any short term fix purely out of sympathy, empathy, humanity, kindness is not recogniszed by law.

    I know people will pile on for speaking plainly and in a matter of fact manner, but I am amazed at the innuendo, implications and lack of straight talk.




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  • Macaca
    12-30 06:24 PM
    3. The status of Tibetans in India proves that India is meddling in China�s internal affairs

    If, for China, resolving the Tibet issue has to come at the price of demanding unreasonable concessions from India, it would be an unfair situation to present to India. India�s position on Tibet has evolved over the years. India has demonstrated a fine balance on Tibet as a humanitarian concern (with Tibetans settled in India) and the risks of using Tibet as some sort of a political trump card. The latter largely remains an insinuation against India � at least over the last quarter century, and has failed to be reflected in China�s foreign policy towards India. Today the tail seems to be wagging the dog since China suspects India of covertly using Tibet and the Dalai Lama for furtherance of some political goal.

    Such misperception is in contrast to China�s relatively muted antipathy to those countries that issue a visa to or host Rebiya Kadeer in exile (Virginia, USA), or where the Tibetans are better organized (USA, Australia and several parts of Europe). In any case China would be aware that India has refrained from seeking alliances in the Southeast and East Asian region. Likewise, it is counter productive for elements in the Indian strategic community or media to play-up the �Tibet card� (whatever that means) or indulge in political gimmickry that reflects insensitivity towards the core concerns of either side.

    Policy Focus: India has to maintain a balance between �justice� and �fairness� on the issue of Tibetans living in India, and the risks of political opportunism that could be associated with insensitivity towards China�s concerns. This principle when applied to India�s own core concerns vis-�-vis China could lead to better diplomacy based on the principle of reciprocity.

    4. China engages in doublespeak � political statements of intent differ from actions

    The recent row over the arrest of Chinese fishermen in Senkaku/Diaoyutai islands, and the detainment of the captain of the Chinese fishing boat, raised concerns about whether such pin-pricking was part of China�s national strategy. Similar pin-pricking happens on the Line of Actual Control (LOAC) on the India-China border where alleged incursions by PLA soldiers are often amplified in the Indian media. With imperfect information on these matters, one can assume that Beijing would have spelt out a policy direction to go �hard� or �soft� on fishing, for instance, in contested waters (Senkaku/Diaoyutai dispute), but China�s coastal marine and fishing administration may have decided to err on the
    side of caution.

    The same reasoning may, for all we know, apply when the ilitary on either side of the LOAC patrol the disputed boundary. Beijing may have a policy line on �border vigilance�, which division level PLA officers implement by opting to err on the side of caution by �proactive border patrolling�. While the benefit of doubt could be extended for occasional misunderstandings on any front, it is really up to Beijing to clarify whether pin-pricking as a manifest behaviour results from overzealous implementation on the ground or is a real instrument of policy, which is what is suspected by some Chinawatchers in India. If China feels it has been misunderstood in all these instances, one should extend the benefit of doubt to the leadership in China.

    This could apply to the issue of stapled visas to Indians from Jammu and Kashmir (J&K) as well. That the visa issue was �administrative,� as Premier Wen Jiabao has clarified, makes China�s political stand reasonably clear. Then it is for China to reconcile. Accumulating such irritants over time undermines security since most people would only read the direct military and administrative challenge posed to India through such acts. It would be na�ve to assume that such incidents would be consequence free and that in the long run public dividends from the salience of an India-China partnership would remain unaffected.

    Policy Focus: India should not draw itself into diplomatic situations that make it appear uncompromising. Hence, more institutional channels could be opened up between ministerial counterparts (water, power, trade and commerce, border, education, foreign affairs i.e. multilateral negotiations, and other areas) and even between political parties in order to propose more pluralistic options on areas of contention or interest for both countries.

    5. China has not addressed India�s concerns on Pakistan

    While several elements in the China-Pakistan relationship remain antithetical to India�s core concerns, it is futile to forever assess the relationship climate of China and Pakistan as impinging excessively on the health of India-China relations. Such a pursuit does not leave enough room for upgrading the India-China relationship. The classic case is that of the US-Pakistan relationship which for most of the Cold War years and even subsequently did not hinder a drastic upgradation in India-US relations in this decade, when the ground was favourable for the United States to recalibrate its foreign policy on South Asia. Similar room for upgradation of the India-China relationship is essential.

    More importantly, what should be expected from a Head of State/Government visit? Was there any resolution on matters relating to currency revaluation, or environment or human rights during Obama�s visit to China in 2009? Did the November 2010 Joint Statement of Prime Minister Manmohan Singh and President Obama affirm the status of Jammu and Kashmir, or even mention Kashmir in the entire text? When it comes to the Indian state of Jammu & Kashmir, India is confident of not involving the United States as a party to the resolution of the Kashmir issue. Obama�s offer to �delegate� regional policing in South Asia to China in 2009 was rebuffed by India, and China has only distanced itself from that issue. The question of seeking clarification from China on its neutrality on Kashmir is one thing. However, since when did seeking China�s affirmations on the status of Jammu and Kashmir become imperative for a Joint Statement?

    The China-Pakistan relationship does not thrive on what is casually assumed to be a singular anti-India agenda. China�s relationship with Pakistan as a window to the Islamic world often receives muted attention. Since 2009 foreign policy challenges for China arising from condemnation and criticism from Turkey, Iran and Indonesia, in particular, and the Organization of the Islamic Conference (OIC) over the handling of the Uighurs in Xinjiang region have become acute. While liberal democratic sympathies from the West for Uighurs exists, the prospect of pan-Islamic support for the Uighur cause (on the lines of threats
    issued by militant preachers such as Abu Yahya al-Libi) is not something China would want to see in its troubled West. From a utilitarian perspective, Pakistan (with a majority Sunni population) serves perfectly fine as a window to the Islamic world, which China could use to placate concerns or grievances against the Chinese state being anti-Muslim in its handling of Xinjiang (most Uighurs practice a moderate form of Sunni Islam).

    Policy focus: China and India interaction, particularly in the academic arena, are fewer than the number of Indians and Chinese in conference-circulation in the United States and Europe. This observation is more intuitive, than empirical, but doesn�t seem inaccurate. Greater discussion and engagement to develop a wider and pluralistic understanding of contentious issues would go a long way in understanding each others� concerns. A �semester abroad� programme for researchers or faculty in academic and research institutions from both sides could go a long way in building civic networks.

    Conclusion

    Both India and China have new avenues to pick up the threads, as it were. Even on the issue of India�s claim for a UNSC permanent seat, the Joint Communiqu� this time reads: �China attaches great importance to India�s status in international affairs as a large developing country, understands and supports India�s aspiration to play a greater role in the United Nations, including in the Security Council� (emphasis added).

    Prime Minister Manmohan Singh, and Premier Wen Jiabao have affirmed the idea of
    �there being enough space to accommodate the growth of China and India, and for both to cooperate.� This space needs to be nurtured further and the coming year, the Year of China-India Exchange, should be a starting point to engage with China in the shaping of institutional norms for mutual growth and development.




    nozerd
    12-26 05:25 PM
    I am no military expert but it seems Pak is concentrating its forces on Punjab border and POK. I wonder why India cant do something unique this time. Like use aircraft carriers to enter Pak territory from Baluchistan and hit Karachi or attack from the South from Gujarat border. Something unique other than just attacking in Punjab/POK. Ofcourse I sure am no strategist, but if someone knows please inform.




    pd_recapturing
    08-05 10:55 AM
    Rolling_Flood, great idea to benefit just U'r own GC cause. If you are positive about U'r logic why don't you go ahead and file a lawsuit. Looks like your true intention of creating this thread is to create a divide among IV members. Already members had a tough few weeks (in terms of unity) after the Aug bulletin. Now you are poking another rift.

    The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??


    If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example

    Senior Programmer (say Bachelor's with 5 yrs exp)

    Files under EB1 : because he/she came L1, qualification might be few yrs exp.
    Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
    Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).

    The above example shows that if U'r company and attorney is smart U can get U'r GC faster.

    If you are keen on doing a lawsuit why not
    File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
    Or file one against DOL for taking n number of years to get the LC done.
    Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.
    Man, you hit the nail on the head !!! Thats precise the point, I was trying to say in my last post (somewhere on page 1) ... The whole eb2/eb3 qualification, job requirements etc can be rigged easily by employer/lawyers ...There is no black and white in this game ..



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