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  • delax
    07-13 09:48 PM
    [QUOTE=kutra;262395]Disclaimer: I am an EB3-Indian with a PD of Oct 2003.

    Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?

    I am not trying to convince anybody about the merits. The original post asked for comments which I offered. PL read this post of mine
    http://immigrationvoice.org/forum/showthread.php?p=262198#post262198

    I am not at all surprised at the 'backlash'.
    I appreciate your input and candor




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  • nojoke
    04-06 04:24 PM
    The truth is probably between the extreme pessimism in this post and the unbridled optimism in other posts.



    No. The truth is we are going to see a severe correction. .We need to wake up and stop being in denial. I have shown proof that there are already 50% reduction in some areas from my previous quotes. This is just the begining.




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  • ohpdfeb2003
    06-27 01:35 PM
    Right, you pay for what you called "service", which is what your landlord is providing. And you pay him to let you stay in his house, which means YOU my friend are paying more than 80% of HIS mortgage. At the end of his mortgage, all his tenants would have collectively chipped in to pay more than 80% of HIS mortage and he has a house at the end of it all. What do YOU have? Zero, zilch, nada!

    No true in most cases espcially where housing is not affordable, is there a rule anywhere that tenants have to chip in 80%. There are several foolish housing investors, that I know of right now who arent even making 50% of their mortgage.

    If landlords are doing so well then who are the people undergoing foreclousures and bankruptices that we hear about :D

    Historically over a 30 year period, housing doesnt even return inflation adjusted value of money.

    What does a renter have in the end? He had the diversified returns from the downpayment money he has invested else where and difference between rent and mortgage compounded every month.

    Money paid as interest is the "service" cost of the money being loaned to you. You are paying so that you can live in the house you did NOT pay full cash for.

    My interest in a year is 2 times more than the standard deduction. I don't have a business yet, but when I start one, I'm going to have more deductions. Do the math!

    not forever, only the first few years. you will have to revert to standard deduction, that samething that renter's get years down the line.

    Right goahead and deduct your business expense from your personal tax return, IRS will pay you a visit:p




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  • greencardfever2007
    04-16 12:30 PM
    http://www.economonkey.com/2008/04/14/sirs/

    I am writing to enquire whether you have any vacancies on your strategic board for someone of my talents. I realise that it is a little unorthodox to apply �on spec� for such a high-ranking position within your organisation, but I believe I have the necessary skills to further increase the profits and assets of Big Bank Plc. In this letter I will attempt to demonstrate my knowledge of the challenges and opportunities in our marketplace.

    1) Who are our customers?

    I understand that our most lucrative customers are those with the least awareness of financial matters; indeed, the less numerate they are, the better. Rather like the dear old PM, in fact.

    If they don�t know the difference between APR and AER, if they fail to read the small print in their credit contracts - not that it matters, as I�m sure I have the necessary legal skills to make such text impenetrable - and if their limited attention is grabbed by an �introductory� rate, then they are exactly the kind of people we need to target.

    I think that if we closely follow that other highly successful model of commerce - drug dealing - we won�t go far wrong in attracting and retaining the right customer base.

    2) How do we get people to take on more debt?

    I�ve been thinking about this, since we need people to be in debt so that they pay us lots of interest. I believe the best way is to start with an asset class that everybody needs and arrange for its price to increase by far more than the general inflation rate. Then the people who want to buy the new, over-priced assets will have to take on far more debt than would otherwise have been the case.

    Of course, the people who bought the assets prior to the excessive price inflation wouldn�t be in debt, but I think we can get around that by encouraging them to take on larger loans for, say, holidays, new TVs, big cars, that sort of thing (maybe even encouraging them to buy more assets to loan to other people?), all while securing them against the now-increased �value� of their asset. We could describe these loans as �Asset Equity Release� or something; it sounds so much more friendly than �Borrowing a Lot of Money.�

    Ultimately this would mean that everyone is in far greater debt, paying us far more money, for exactly the same asset! Genius, eh?

    Oh. Hang on. That�s already been done with houses, hasn�t it?

    3) Social conscience.

    Every responsible company should have a social conscience, and Big Bank Plc is no different. We need to be in tune with the society in which we operate, sharing the values of our customers.

    Luckily that�s not too difficult; our customers are greedy and so are we! They want lots of money, right now. We want lots of money, but we can wait (that old �deferred gratification� thing).

    So we simply sell them the money to fulfil their greedy dreams, and they sign up for a lifetime of debt slavery to fulfil ours. Everyone�s a winner!

    4) Get-out.

    I have noticed that some of our customers have been attempting to escape from their obligations through IVAs, bankruptcy and so on. This really won�t do. Luckily we have a role model to follow here; America. The banking industry there successfully lobbied Congress to make it almost impossible to escape from credit card debt, even in bankruptcy.

    There�s much work to be done in the UK by comparison, but we�re getting there. Escape from student loan debt is almost impossible and an IVA won�t release people from mortgage debt. There�s still credit card debt, but at least we can now secure that on property (I love that one; we sell an unsecured loan at punitive rates, then secure it! They�d have been better off just getting a secured loan! How stupid are these people?).

    So, there�s just the problem of escape through bankruptcy, but I think we can work on that. Friends in government, nudge nudge, wink wink. Give me time�

    5) Our friends at Westminster.

    Speaking of government, I think our special relationship is going rather well, don�t you? They want a population that feels wealthy even though it isn�t (see number 2 above), that is unlikely to cause trouble (who can afford to go on strike when you have huge debts to service?) and that isn�t educated enough to understand what�s being done to them (have you seen the latest exam results?).

    Those are our goals too; it�s a marriage made in heaven. And if they want to rack up even more debt on the population�s behalf, we�re only too happy to oblige.

    We do need to be more careful at times, though. Our so-called competitor�s �employment� of that ex-Prime Minister so soon after leaving office was rather rubbing people�s faces in it, don�t you think? A few of the less stupid ones might start to put two and two together.

    6) Media

    Can we keep the mainstream and financial media �on-side�, thus keeping the population distracted by pointless celebrity gossip, �reality� TV programmes (oh, the irony), diversionary economic scare stories and back-to-back shows extolling the virtues of never-ending asset inflation (and with it, never ending debt)?

    Of course we can - we own most of them! And the government owns much of the rest. Anyway, people actually seem to want this stuff. Bread and circuses, I suppose.

    7) What happens if we run out of money?

    See number 5. There are plenty of options if we ever run into difficulties - direct government �loans� (rolled over ad infinitum), dropping the base rate below real inflation while raising lending rates, etc. - but they all boil down to one thing: take money from the tax-payer while using inflation to mask the theft. With a bit of luck we can even get the public to demand this action for us, with the help of the media.

    And anyway, we�re not actually lending real money, are we? It�s created from nothing at the point at which the loan is granted. So what do we have to lose?

    I look forward to your reply.

    Yours faithfully,

    Mr Wanabe A Banker



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  • gc_chahiye
    08-02 06:44 PM
    I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.

    USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.

    this is interesting: If I invoke AC21, and get a letter from a new employer, they can still ask me for a letter from old employer saying they intended to hire me?? The fact that they submitted a future employment letter with my 485 and did not revoke the approved I-140 for 6 months not enough to prove that the intent remained at the end of 6 months?
    Did the USCIS officer suspect fraud or something? Is there a specific legal basis for this denial? I thought past 6 months there is no dependency on that old employer (future-employment or otherwise) and all depends on your new employer and his employment letter.




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  • michelle88
    07-13 02:15 PM
    the better way is to mention: 1) eb3 with earlier PD (before the end of 2005), the prevailing wage category was set higher, i.e, salary $60K fell in eb3 in 2004 but could be in eb2 in 2006. 2) LC based eb3 should be processed before perm based eb2, as the processing time for this step should be weighted to be evaluated in a bit fair way.


    Very good point by alterego.
    This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
    How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
    As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
    If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
    This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.



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  • ganguteli
    03-24 03:29 PM
    UN,

    I can't help asking this.
    I have been following your posts for a while. I know you are quite knowledgeable in immigration.

    But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.

    I like to believe you are unbiased. Please let us know.

    Do you disagree about Indians?

    Indians are in majority. Indians do most consulting. Indians did most sub labor. Indians are the ones getting caught in raids. So there is your proof.

    But the problem is USCIS and lawmakers are not interested in solving the problem. They only want to punish. Punishing is not a solution.

    I disagree with UN that enough is being done against illegals or against consulting. If ICE was rounding up illegals every week, you will not be seeing so much illegal problem. Likewise if USCIS was alert on labor substitution, consulting, lawyer-employer nexus, employee abuse, we will not be seeing so much mess.




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  • paskal
    07-08 05:10 PM
    united nations,

    welcome back. it would be interesting to hear your views on the whole July VB fiasco and it's aftermath. thanks!



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  • krishnam70
    03-26 07:10 PM
    The attachment upload fails for me as well but goddamn UN, you are unbelievable.

    1. Your knowledge of the specifics and technicalities and access to information is very impressive

    2. And you go out of your way to share it with others

    That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.

    Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?

    That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?

    your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.

    - cheers
    kris




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  • greencardfever2007
    04-16 12:30 PM
    http://www.economonkey.com/2008/04/14/sirs/

    I am writing to enquire whether you have any vacancies on your strategic board for someone of my talents. I realise that it is a little unorthodox to apply �on spec� for such a high-ranking position within your organisation, but I believe I have the necessary skills to further increase the profits and assets of Big Bank Plc. In this letter I will attempt to demonstrate my knowledge of the challenges and opportunities in our marketplace.

    1) Who are our customers?

    I understand that our most lucrative customers are those with the least awareness of financial matters; indeed, the less numerate they are, the better. Rather like the dear old PM, in fact.

    If they don�t know the difference between APR and AER, if they fail to read the small print in their credit contracts - not that it matters, as I�m sure I have the necessary legal skills to make such text impenetrable - and if their limited attention is grabbed by an �introductory� rate, then they are exactly the kind of people we need to target.

    I think that if we closely follow that other highly successful model of commerce - drug dealing - we won�t go far wrong in attracting and retaining the right customer base.

    2) How do we get people to take on more debt?

    I�ve been thinking about this, since we need people to be in debt so that they pay us lots of interest. I believe the best way is to start with an asset class that everybody needs and arrange for its price to increase by far more than the general inflation rate. Then the people who want to buy the new, over-priced assets will have to take on far more debt than would otherwise have been the case.

    Of course, the people who bought the assets prior to the excessive price inflation wouldn�t be in debt, but I think we can get around that by encouraging them to take on larger loans for, say, holidays, new TVs, big cars, that sort of thing (maybe even encouraging them to buy more assets to loan to other people?), all while securing them against the now-increased �value� of their asset. We could describe these loans as �Asset Equity Release� or something; it sounds so much more friendly than �Borrowing a Lot of Money.�

    Ultimately this would mean that everyone is in far greater debt, paying us far more money, for exactly the same asset! Genius, eh?

    Oh. Hang on. That�s already been done with houses, hasn�t it?

    3) Social conscience.

    Every responsible company should have a social conscience, and Big Bank Plc is no different. We need to be in tune with the society in which we operate, sharing the values of our customers.

    Luckily that�s not too difficult; our customers are greedy and so are we! They want lots of money, right now. We want lots of money, but we can wait (that old �deferred gratification� thing).

    So we simply sell them the money to fulfil their greedy dreams, and they sign up for a lifetime of debt slavery to fulfil ours. Everyone�s a winner!

    4) Get-out.

    I have noticed that some of our customers have been attempting to escape from their obligations through IVAs, bankruptcy and so on. This really won�t do. Luckily we have a role model to follow here; America. The banking industry there successfully lobbied Congress to make it almost impossible to escape from credit card debt, even in bankruptcy.

    There�s much work to be done in the UK by comparison, but we�re getting there. Escape from student loan debt is almost impossible and an IVA won�t release people from mortgage debt. There�s still credit card debt, but at least we can now secure that on property (I love that one; we sell an unsecured loan at punitive rates, then secure it! They�d have been better off just getting a secured loan! How stupid are these people?).

    So, there�s just the problem of escape through bankruptcy, but I think we can work on that. Friends in government, nudge nudge, wink wink. Give me time�

    5) Our friends at Westminster.

    Speaking of government, I think our special relationship is going rather well, don�t you? They want a population that feels wealthy even though it isn�t (see number 2 above), that is unlikely to cause trouble (who can afford to go on strike when you have huge debts to service?) and that isn�t educated enough to understand what�s being done to them (have you seen the latest exam results?).

    Those are our goals too; it�s a marriage made in heaven. And if they want to rack up even more debt on the population�s behalf, we�re only too happy to oblige.

    We do need to be more careful at times, though. Our so-called competitor�s �employment� of that ex-Prime Minister so soon after leaving office was rather rubbing people�s faces in it, don�t you think? A few of the less stupid ones might start to put two and two together.

    6) Media

    Can we keep the mainstream and financial media �on-side�, thus keeping the population distracted by pointless celebrity gossip, �reality� TV programmes (oh, the irony), diversionary economic scare stories and back-to-back shows extolling the virtues of never-ending asset inflation (and with it, never ending debt)?

    Of course we can - we own most of them! And the government owns much of the rest. Anyway, people actually seem to want this stuff. Bread and circuses, I suppose.

    7) What happens if we run out of money?

    See number 5. There are plenty of options if we ever run into difficulties - direct government �loans� (rolled over ad infinitum), dropping the base rate below real inflation while raising lending rates, etc. - but they all boil down to one thing: take money from the tax-payer while using inflation to mask the theft. With a bit of luck we can even get the public to demand this action for us, with the help of the media.

    And anyway, we�re not actually lending real money, are we? It�s created from nothing at the point at which the loan is granted. So what do we have to lose?

    I look forward to your reply.

    Yours faithfully,

    Mr Wanabe A Banker



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  • dartkid31
    05-31 07:28 PM
    I think Lou Dobbs is mostly comic relief for most of us at this point. The only tragedy in this scenario is that he has access to idiot boxes across the country for an hour eveyday, and there are people who wholeheartedly believe the drivel he spews everyday. :( CNN should be embarrassed.




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  • paskal
    07-08 09:15 PM
    paskal..

    seriously thinking about sending an email to Oppenheim, Charles to consider moving the dates in the bulletin liberally so no visas r lost each year..before there is another debacle with the October bulletin..

    maybe he is the right person to hear our misery..but not sure if they even consider our emails and tell us not to teach them what to do..

    Hi,

    thanks for your enthusiasm, i would suggest though - not writing to good old charlie, and focusing instead on your local lawmakers (HR and senators).
    We can make this fiasco a catalyst towards incremental reform of the immigration system. There remains a chance that we could get a bridging amendment before the year is up, to provide some relief at least- maybe recapture of numbers or 485 filing. If you have questions about what to send your lawmaker- or present a a meeting- look up your state chapter or contact iv core members- try sertasheep- send him a pm with your specific request.



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  • Legal
    08-08 02:22 PM
    1.Losing all your friends

    Man comes home, finds his wife with his friend in bed.
    He shoots his friend and kills him.
    Wife says "If you behave like this, you will lose ALL your friends."

    2. Brother wanted

    A small boy wrote to Santa Claus,"send me a brother"....
    Santa wrote back, "SEND ME YOUR MOTHER"....

    3. Meaning of WIFE

    Husband asks, "Do you know the meaning of WIFE? It means 'Without Information Fighting Everytime'!"
    Wife replies, "No, it means 'With Idiot For Ever'!!!"

    4. Importance of a period

    Teacher: "Do you know the importance of a period?"
    Kid: "Yeah, once my sister said she has missed one, my mom fainted, dad got a heart attack & our driver ran away."




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  • desi485
    08-05 11:36 AM
    This person hiding behind the user id "Rolling_Flood" is an extreme selfish person. The whole idea of our community is to help each other and to provide support & guidance to each-other. Instead he is trying to stop others from getting this advantage, trying to make us believe that EB-2 is his birth-right. I am in EB-2, but I do not support this selfish fox, he will harm the IV community exploiting 'divide & rule' policy. :mad:



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  • SunnySurya
    12-18 10:22 AM
    Nobody went to Mohammed Atta's house to destoy his building. They were the ones who crashed into the world tower.
    Nobody came to Kasab's house and killed his brothers and sisters, yet he went on to become a terrorist. It is very easy to stop rational thought and breed hatred. It is loose thinking like yours that perpetuates terrorism. There are injustices all over the world, yet not everyone goes on a spree killing inncoent people.




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  • alisa
    01-06 11:58 PM
    For all who think "Fatah" is more moderate than Hamas, heres a part of the constitution of Fatah:

    Goals

    Article (12) Complete liberation of Palestine, and eradication of Zionist economic, political, military and cultural existence.


    Article (13) Establishing an independent democratic state with complete sovereignty on all Palestinian lands, and Jerusalem is its capital city, and protecting the citizens' legal and equal rights without any racial or religious discrimination.

    "Eradication" of the Jewish state., their culture and there economy. Heres a movement which has "Genocide" as its constituional goal. How the hell do you negotiate with such people? Israel needs to be supported in its noble actions of self defense againt such fanatics.

    Good point.
    There should just be a greater and proper Israel, with Gaza and West Bank as parts of Israel. And all people living there should be citizens of Israel.
    Problem solved. No need to destroy anything or anyone.



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  • qualified_trash
    08-11 11:15 AM
    I know this is unrelated to the goals of IV. How about suing the Maxwell guy for libel?

    You cannot sue for libel if the statement made had information that was substantially true (not necessarily all true). In this case, he has made a statement that is substantially false and libelous in nature.

    By calling people who come to the US on H1B visa or students who convert to H1B terrorists, I believe we can and should try to involve companies such as MS etc in this effort.

    And here is my message sent to the program using the feedback form:


    In the Lou Dobbs Tonight, which aired on Aired August 10, 2006 - 18:00 ET, Michael Maxwell asserted that H1B program is "being gamed by both terrorists and foreign agents". This is an insult to tax paying H1B holders such as myself.

    If CNN or Michael Maxwell, could have shown one instance of a H1B holder, who has been convicted of crimes such as the ones committed by terrorists, it would have been a lot more credible.

    I know "Lou Dobbs Tonight" is a talk show. To remain credible though my strong advise to Lou and CNN is this:

    Don't talk the talk if you can't walk the walk.




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  • HopeSprings
    08-06 10:48 AM
    Although the discussion has deteriorated to a point where it will not be healthy anymore, these are valid questions.

    I think a good compromise would be if interfiling is allowed only if the candidate was eligible for the EB2 position at the time of filing the EB3 labor. The current rule punishes those who go to grad school full-time, especially if you did a PhD but do not qualify for EB1.

    sroyc,
    What a resolution!!! I completely agree with you. Interfiling should NOT be scrapped but limited to people who qualified for the later category (EB2/EB1) on the date of their PD.




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  • Macaca
    12-23 11:04 AM
    'D' in Democrats means Do-Nothing (http://www.mercurynews.com//ci_7792528?IADID=Search-www.mercurynews.com-www.mercurynews.com) BUSH, REPUBLICANS GET THEIR WAY ON MOST ISSUES DESPITE VOTERS' MANDATE TO CHANGE DIRECTION Mercury News Editorial, 12/23/2007

    When the Democrats won control of Congress a year ago, they promised bold new leadership. Things would change, they said. They had a mandate.

    But they didn't have the votes to stand up to veto threats by Bush and filibusters by Senate Republicans. They didn't have the bold new leadership, either. A year later, Congress is lamer than the lame-duck president.

    On the Democrats' No. 1 issue, the war in Iraq, it's been a year of defeat and surrender. They were going to "bring the troops home." Instead, President Bush sent more troops to Iraq. The "surge," coupled with a new counter-insurgency strategy, has led to a sharp decline in military and civilian deaths. All attempts to link war funding to a withdrawal timetable fizzled. Giving up completely, Congress passed $70 billion in no-strings war funding before the Christmas recess.

    Democratic leaders blame their impotence on Bush's obstinacy. Bush didn't compromise. He didn't have to.

    Democrats talked about limiting the excesses of the Patriot Act, banning cruel CIA interrogation tactics and closing the Guant�namo Bay internment camp. Didn't happen.

    Instead, Congress authorized warrantless surveillance for six months by passing the Protect America Act before the August recess. Democrats were forced to push discussion on making the surveillance rules permanent into January. Bush will likely win this one, too.

    After months of wrangling, Congress approved an omnibus budget bill that gave Bush the spending levels he wanted.

    Promising fiscal discipline, the Democrats vowed to pay for any tax cuts with tax increases elsewhere or spending cuts. That "pay as you go pledge" was put aside to pass a popular bill protecting 23 million middle- and upper-middle-class taxpayers from paying $2,000 extra under the alternative minimum tax. Since the tax was originally designed to prevent the super-rich from using tax shelters, conservative Democrats tried to close tax shelters used by super-rich hedge-fund managers to cover the $50 million revenue loss. They lost.

    Congress made baby steps toward fiscal discipline by trimming "earmarks" for pet projects by 25 percent from 2006, estimates Taxpayers for Common Sense. But legislators OK'd more than $15 billion for more than 11,000 pork-barrel projects.

    President Bush didn't win them all: Social Security reform went nowhere, reauthorization of No Child Left Behind was postponed to 2008 and he couldn't rally enough Republicans to pass a complex and controversial immigration bill.

    But this wasn't supposed to be his year. The triumphant Democrats made big promises a year ago, but delivered modest results. Democrats increased the minimum wage, enacted the Sept. 11 commission's recommendations into law and expanded student loans.

    Most notable was the energy bill, which included the first increase in fuel efficiency standards for cars and light trucks in 32 years.

    However, Democrats dropped plans to repeal tax breaks for oil companies and require more use of alternative energy. Bush insisted. Congress caved.

    On other issues, Congress acted and Bush vetoed. Congress expanded health insurance for children and approved federal funding for stem cell research, but couldn't overcome Bush's "no" vote.

    Stymied repeatedly, Congress saw its approval ratings fall to record lows. When you're less popular than George W. Bush, you're pretty darned unpopular.

    "I don't approve of Congress, because we haven't . . . been effective in ending the war in Iraq," House Speaker Nancy Pelosi of San Francisco told reporters in response to the polls. "And if you asked me in a phone call, as ardent a Democrat as I am, I would disapprove of Congress as well."

    2008 will be a year of partisan politics. No doubt Republicans will run against the do-nothing Congress. That could backfire. Democrats will tell voters that if they want Democratic policies - and most people tell pollsters they do - they need to put a Democrat in the White House in 2008.

    For the next 11 months we can expect more of the same from the lame duck and lamer Congress.




    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




    kumarc123
    09-26 09:20 AM
    Hello there,
    I wont give red dots to anyone who has a political point of view, at this point in time we cannot decide on anything. The economy is going through a very rough patch, no one can can conclude anything.

    But I feel something good is going to come for the immigrants, as the us population knows, highly skilled immigrants have a buying power and not to forget the highest number of new business are opened by immigrants in this country.

    Lets no loose our focus on discussing Obama or his opponent, we need to focus on our Eb community and measures on making it stronger.
    Thanks



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