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  • desi3933
    07-08 07:38 AM
    This is what I found in my research so far.
    "Any out of status is ERASED after re-entry in the USA. For employment related I-485 application, out of status is counted ONLY after last entry and out of status upto 180 days is forgiven under section 245(k). Section 245(k) applies to ALL employment based I-485."

    Section 245(k) is the BIGGEST difference between employment based I-485 and family based I-485
    but I couldn`t find more about section 245 .I searched USCIS site.I don`t know what will get through the officer`s head.

    If you are using quote from my post, may be you should mention that. Also, Please understand that issue becomes more complex when one files for more than one I-485 application.

    Please consult a good attorney ASAP.

    Here are details on 245(k) --
    For purposes of section 245(k), an alien may adjust under section 245(a) as long as the alien, as of the date of filing of I-485 application, has not violated status, has not engaged in unlawful employment, and has not had any violations of the terms and conditions of nonimmigrant admission, for a period in excess of 180 days in the aggregate subsequent to the alien's last admission under which he/she is presently in the United States.


    _____________________
    Not a legal advice.





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  • jungalee43
    07-28 03:19 PM
    The most likely scenario next year is Republican House and Dem senate with lower seat difference. This is a disaster for any type of immigration. Senate would be only pro-illegal and house against any kind of immigration.
    On top of it the only political agenda would be 2012 Presidential election. So 2011-2012 are No-No years for anything good on immigration.
    On the other hand you can expect several anti-immigration bills passing with more and more venom in each bill as the clock ticks and enforcement drive firing on all cylinders.





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  • manub
    07-07 07:45 PM
    Hi,
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.





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  • learning01
    05-24 12:51 PM
    still trolling Lou.

    You can feel the vengence of Lou against immigrants in the tone, in the voice in the tenor and above all in the content and subject matter.

    I can't sit quietly if someone on this forum speaks highly of Lou. But soon we must end this discussion, if Communique continues his rant. We need other things on the forum, like sending web fax #15, following senate live discussions. Such bill comes up only once in one's lifetime.

    "Folks, please be more rational and thoughtful please ?"

    I think thoughtful and rational are NOT two words you would use to describe a Lou Dobbs broadcast. :D

    Extremely one sided, hateful, demagogry, those words would be more accurate.



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  • rshirodkar
    10-01 09:25 AM
    Hello folks,

    United States was and is a SHINING BEACON in the whole world. That was the reason that this GREAT COUNTRY attracted so many people from all over the world. People from all walks of like come here because they have a DREAM to make it BIG here. But looking at the state of affairs right now, it does not seem that this country will be the SHINING LIGHT that it used to be.
    I came to this country in 1999. For the last 10 years I have been residing legally, paying taxes. At the end of all this I just dont see things moving. I had lot of opportunities but I could not take them because of my status.
    Looking forward, I would sincerely hope that either of the presidential candidates look at the EB category people as legal residents.
    People are becoming impatient. Many of my friends went back to other countries since they are getting better opportunities. I personally feel that countries like Cananda, Australia with their immigration policies are attracting good quality talent. Also with the Indian and Chinese economy growing at more than 7% -8%, there is growth in those countries.
    I hope the next presidential candidate takes these things in consideration while working on the CIR bill.

    thanks

    Rohit Shirodkar





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  • 485Mbe4001
    08-11 04:11 PM
    Dobbs is more worried about his show and ratings. i am sure he has an h1b working somewhere in his office or his old office at space.com. more importantly do you guys feel that he affects policy decisions or the immigration debates going on. if he barks let him bark...
    I heard sensenbrener (wrong spelling but you know the guy) on the radio yesterday, it sounded like no way in hell he was going to compromise on his issue an let the bill pass. Now that is one guy people from IV need to talk to or send emails to, atleast to help him understand out point of view.



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  • dpp
    05-16 12:07 PM
    No need to have Durbin's bill. Just ban Outsourcing, then all jobs will come back and everybody will be happy here in US.


    My view is not based on my personal gain or loss. My view is even if they ban consulting H1b numbers will not be reduced so much and cap will be reached. Number of permanent jobs will increase and they will hire H1b only when there is real shortage. Why do you think IEEE-USA members are undeserving and lazy just because they are interesting to put restrictions in H1b? Infact they are interested in more green cards. We are appreciating. Just because they are pointing out some problems in the program we cannot brand them as anti immigrants or lazy people. We ourself know that there are some issues in the program. While we were studying in the college it was big achivement if our research article comes into IEEE. So IEEE is considered as one of world best academic association.

    It is not TCS,Infy,Wipro is causing delay to GC. Infact I worked one of those companies and still they are one of best in India. Still I may work those companies if I go to India.

    If there is real shortage of skilled people then we will pass all the tests which are given in Durbin proposal and we can get H1b. What is the problem in accepting? Infact I am not supporting Ban of H1b on consulting but other than that everything can be fine and easily passed by most of H1b persons





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  • Macaca
    05-02 05:38 PM
    Don't kowtow to China now (http://www.theaustralian.com.au/national-affairs/dont-kowtow-to-china-now/story-fn59niix-1226047967727) By Paul Dibb | The Australian

    PRIME Minister Julia Gillard's visit to China has confirmed important strategic priorities for Australia. She called for Australia and China to gradually increase their defence co-operation as a means to promote good relations and understanding of each other. She also talked about wanting to see increased military transparency by China.

    Defence Minister Stephen Smith says he has also made it very clear to his Chinese counterpart that Australia expects China to abide by, and conduct itself, in accordance with international norms, including the international law of the sea.

    Given China's military build-up and its more aggressive behaviour of late in the East and South China Seas, these are entirely legitimate strategic interests for Australia.

    While Gillard has made it plain that she does not support the idea of the US and its allies containing China, her strong support of the US alliance during her recent visit to Washington will not have gone unnoticed in Beijing. It was appropriate that the Australian PM first visit Japan and South Korea before going to China. The fact is that the US, Japan and South Korea are - like us - democracies and allies of America. China will never be our ally.

    None of this undermines the PM's objective of encouraging increased military co-operation and defence links. We have to understand what China intends to do with its military forces in future.

    These are non-trivial issues for Australia over the next two or three decades. Of course it is sensible policy to encourage Beijing to be a responsible emerging great power and to be closely engaged in the development of security and stability in the Asia-Pacific region.

    It is also good policy to engage China across the full range of our bilateral relationship - political, economic, defence, cultural and human rights.

    But as Beijing's power inevitably grows this suggests that in parallel with engagement we should also have a policy of hedging against a more belligerent China in future.

    The Australian defence white paper of May 2009 states that by 2030 China will be the strongest Asian military power by a considerable margin and that its military modernisation will be increasingly characterised by the development of power projection capabilities.

    As China becomes more powerful economically, it can be expected to develop more substantial military capabilities befitting its size. But, as the white paper notes, the pace, scope and structure of China's military modernisation have the potential to give its neighbours cause for concern.

    If China does not become more transparent, questions will inevitably arise about the purpose of its military development plans. Beijing is developing some quite impressive capabilities that will eventually make it more hazardous for the US and its allies to operate in China's maritime approaches with impunity. This is increasingly recognised to be the case by the US and Japan.

    In Australia, there have been some fantasies lately suggesting we should be able to develop forces capable of attacking China directly. That is dangerous and stupid. We can, however, aspire to building force elements - including submarines - that would contribute usefully to a US-led coalition force, which would include Japan and Australia.

    This is not to see China as the next inevitable enemy. Now and foreseeably it will not have the awesome military strength of the former Soviet Union. And Beijing has no experience whatsoever of prosecuting a modern war.

    China needs a basically peaceful strategic environment so that it can give priority to governing an increasingly restive population of 1.3 billion.

    China is not a country without weaknesses. We need to remember this before we conclude that China will continue to rise and rise and not experience serious hurdles.

    To take one example, the one-child policy has resulted in a rapidly ageing population.

    By 2014, China's working-age numbers will begin to decline and by 2040 some 30 per cent of China's population will be over 60 years old.

    This will inevitably have serious implications for economic growth rates, which are already predicted to decline to about 7 per cent a year compared with 10-12 per cent growth previously.

    There are many other political, economic, environmental and corruption problems facing China in the 21st century.

    We should be wary of straight line extrapolations that predict China's inevitable growth to a position of regional supremacy.

    There are other geopolitical factors at work.

    If China becomes more aggressive it will face a closing of the ranks in Asia. Already, its more confrontational stance over maritime disputes and its unquestioning support of North Korea has led Japan and South Korea to be more pro-American.

    While it is true that many countries in the region, including Australia, are increasingly dependent on China for our economic wellbeing, there is growing unease about China's military build-up and its increasingly aggressive attitude over its territorial claims.

    The fact is that China's only really close friends in Asia are North Korea, Burma and Pakistan. India will inevitably find itself uncomfortable with China's growing power and that is already the case with Vietnam. Other middle powers, such as Indonesia, will also have to take account of how a more assertive China conducts itself.

    We have two scenarios here. The first is a China that continues to focus on its economic wellbeing and which increasingly sees it in its interest to be part of building a co-operative regional security environment (what Beijing calls "a harmonious region"). The second scenario is the one we must hedge against: it involves a militarily stronger and more dangerous China.

    The jury is out on which direction China will take. It is not prudent at present to panic and to build forces supposedly capable of tearing an arm off China. Nor is it time to kowtow and acknowledge the inevitability of Chinese primacy accompanied by, as some would have it, the equally inevitable decline of a US fatally weakened by its current economic difficulties.

    Paul Dibb is emeritus professor of strategic studies at the Australian National University. In 1978, as deputy director of defence intelligence, he visited China to open up defence relations.


    Another kind of Chinese History (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3164&Itemid=206) By Mark O'Neill | Asia Sentinel



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  • nojoke
    04-08 12:03 PM
    People reading these posts are not cogs. They know that its one person's view. Whatever its worth.

    My post should be read with a context. Its always within a Location. RE is always about location(Core SF Bay Area). Go ahead and plot the interest rate with home prices for the last 20 years and you will see the underlying evidence or argument. AND my analysis is localized to SF Bay Area. Its NOT for Loudon County or Miami Dade County or anywhere else. In my analysis of the demographics of this area, thats what I believe in.

    So whats your recommendation on the subject of this thread? Watch more closely till you reach the bottom? Well you will never know that bottom. Yes, I might be off the bottom price by another 5-10% but with a lock in interest rate of around 5.5-6% thats a deal. Everyone is in a different phase of their life, ppl need to map out their 5-10 year outlook and make a decision. Thats easier said than done.

    WS expects prime to hit lowest this Christmas. To be able to grab that lowest rate I need to start looking now and lock in my rate. Most Financial institutions offer ability to adjust rates once.

    My biggest concern is Inflation/Stagflation and I will do everything I can to protect my assets against that. Thats my view and others should view that just like any other info they get on the web.

    You are off by 5-10%? :D. You are talking as though the prices will jump right back up after reaching bottom and the next day after you wake up from the bed. This is housing. When it reaches bottom, it will drag on for years sideways.
    Like I said, first you guys say it won't happen in California. When things unfold, you changed to "it will not happen in bay area". Now you started "inside core bay area". Pick your core area and I will show you how many foreclosures are there. And it is just starting. More is yet to come. KB homes has cut prices in "core area" last year alone by 150K. This is new homes. Last year at this time when we visited them they said "we have just one piece left and hurry up". That "last piece"(They obviously are lying) is still in their inventory even after 150K reduction.:D Give some more time to play out its course..
    I would rather buy low price house at high rates than low rates and at higher price. I can sell my house anytime I want. If you buy house at peak, you will not have equity when the price falls and you get holding the bag.





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  • krishnam70
    12-29 12:53 PM
    It has no relevance in an immigration related forum
    kris



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  • anai
    12-24 11:14 AM
    .
    .
    .
    .
    Will the Aryans return the land to Dravidians now?

    If you are talking about Rahul Dravid, I think he already owns a lot of land in various parts of India.





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  • LostInGCProcess
    08-05 02:59 PM
    Seems to me he started the flood and left....I was going thru this thread, and after couple of pages Rolling_flood seems to have vanished. I think he got what he wanted...a pointless debate. It was funny though to read... :D



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  • SunnySurya
    12-22 02:41 PM
    See me standing there in the video!
    http://www.dailypioneer.com/DisplayContent.aspx?ContentID=145268&URLName=Indian-Americans-ask-UN-to-declare-Pak-a-terrorist-state
    and
    http://atlasshrugs2000.typepad.com/atlas_shrugs/2008/12/india-free-men.html
    ****
    Indian Americans ask UN to declare Pak a terrorist state

    PTI | New York


    Braving sub zero temperature and cold wind, more than 200 supporters and workers of dozens of Indian American organisation held a demonstration outside the UN, seeking the world body declare Pakistan a terrorist state.

    The demonstrators, from New York and adjoining New Jersey and Connecticut states spearheaded by Overseas Friends of BJP (OFBJP) and Indian American Intellectual Forum, demanded that the international community take action against Saudi Arabia also as groups based there had been funding the terror operations which are planned and executed from Pakistan.

    The international community, they said, need impose economic sanction against Pakistan and Saudi Arabia and force Islamabad to rein in its "infamous" Inter-Service Intelligence (ISI) which, they alleged, provides logistic and other support to terrorists.

    If Pakistan does not hand over the suspects that India has demanded, they should be tried by the International Criminal Court for crimes against humanity, they said.

    The demonstrators carried pictures of Jewish couple Rabbi Gavriel Holtzberg and wife Rivka, who were murdered by the terrorists during Mumbai attacks, with caption: "It is a crime to be a Jew?" The demonstration began with a silence observed for one minute to pay homage to the victims of Mumbai attacks and the police officers who were killed in the action.

    "Who is funding terrorism?' Saudi Arabia," "Down with Pakistan," "Pakistan, a failed state," "Stop aid to Pakistan," and "Radical Islam is the worldwide problem," were among the slogans that they shouted.

    Gaurang Vaishnav, a spokesperson of the Tristate Indians under whose banner the demonstration was organized, said that it was important that countries such as US, Britain, Israel and India come together to evolve a strategy to root out the terrorism.
    ************************



    SOLIDARITY DEMONSTRATION
    Sunday, December 21, 2008 1.00 - 3.00 P. M.
    Dag Hammarskjold Plaza (East 47th Street between 1st Ave. and 2nd Ave.) Manhattan, New York

    • HAVE THE TERRORIST ATTACKS IN MUMBAI SHAKEN YOU TO THE CORE?
    • ARE YOU SICK TO YOUR STOMACH WITH THE PUSSYFOOTING OF COWARDLY LEADERS?
    • DO YOU WANT TO PROCLAIM TO THE WORLD PAKISTAN’S INVOVLEMENT IN THESE ATTACKS?
    • DOES YOUR HEART GRIEVE FOR THE TORTURED JEWISH PEOPLE OF CHABAD LUBAVITCH?
    • DO YOU SHED TEARS FOR 200 PEOPLE MASSACRED IN COLD BLOOD AND 400 INJURED?
    • DOES THE LOSS OF SOME OF THE BRAVEST AND FINEST OF THE POLICE & NSG BOTHER YOU?
    • HAVE YOU HAD ENOUGH WITH ONE AFTER ANOTHER TERRORIST ATTACKS?
    • DO YOU WANT TO HIGHLIGHT THE CRIMES AGAINST HUMANITY?
    • IS “ENOUGH IS ENOUGH” FOR YOU? DO YOU WANT TO DO SOMETHING?

    If you answered YES to any one of the above, then
    Come Rain, Snow or Cold, JOIN
    TRI-STATE INDIANS on SUNDAY, DECEMBER 21 at 1:00 P. M.
    The latest Pakistan sponsored terrorist attacks have traumatized the nation and left deep scars on its psyche. Property worth millions of dollars is destroyed and the economy is affected adversely. Safety of the people and security of the nation is compromised

    Who will set the things right? WE THE CONCERNED PEOPLE...


    TRISTATE INDIANS: Supporting Organizations
    Aligarh Muslim University Engineering Alumni Association of North America
    Afghan Hindu Association, Inc
    Arsha Bodha Center
    Art of Living Foundation, USA
    Baba Balak Nath Temple, New York
    Bangladeshi Hindus of America, New York
    Bangladesh Minority Forum, USA
    Bunt Association of North America
    Ekal Vidyalaya Foundation of USA
    Federation of Indian Associations
    Friends of India Society, International
    Hindi Samiti of USA
    Hindu Center, New York
    Hindu Collective Initiative of North America (HCINA)
    Hindu Human Rights Watch
    Hindu International Council Against Defamation (HICAD)
    Hindu Right Action Force (HINDRAF)
    Hindu Swayamsevak Sangh
    Indian American Intellectual Forum
    Kanchi Kamkoti Foundation USA
    Kannada Koota
    Malyali Hindu Mandalam of North America
    Marathi Vishwa
    Nataraja Mandir (WSFC)
    Om Temple of Garden State
    Overseas Friends of BJP
    Overseas Sindhu Sabha, New York
    Panchvati Ashram, New York
    Phagwah Parade & Festival Committee
    Punjabi Darbar Religious & Cultural Society
    Sadhanalaya Dance, Inc.
    Samskrita Bharati
    Satya Narayan Mandir, Elmhurst
    Save Temples in India
    Shree Trimurthi Bhavan
    Sindhi Circle, New York
    The Caribbean Voice
    The South Asian Times
    Vishwa Hindu Parishad of America
    and many more …





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  • sanju
    12-30 01:20 AM
    I think you missed my point. Which was that the 'solution' that Mr rinku1112 was suggesting, destabilizing Pakistan by funding dissident groups, is something that Pakistan already suspects India is doing. And there might be some truth to it. So, then, Pakistan would want to fund groups that would try to destabilize India.
    Thats the vicious cycle.

    Your point is understood and well taken, however, the only difference is, Pakistan is already committed and entirely focused in their attempts to destabilize India. The way Pakistan behaves, it seems that their sole purpose is to destabilize India. Pakistan have carried such activities since 1947, the more so after 1971. On the other hand, India is not committed to destabilize Pakistan, not yet. Which is ok, because Pakistan has enough percentage of its committed population doing a good job in destabilizing Pakistan. India is not yet spending its resources, and we all want India to spend substantial budget, say over $50 billion an year, to destabilize & disintegrate Pakistan. India is not directly involved in any destabilization of Pakistan, and the news on Geo TV and other bull shit channels are all pure lies. But those news will be ok once Indian government gets directly involved in the counter offensive.


    .



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  • truthinspector
    01-02 12:58 PM
    It's about time we accept that we are not a Nation, but a mere labor pool with some 535 odd "Mukadams" at national level and hundreds of "Thekedaars" at state level.


    Here is a recommended motto for our currency(in replacement of "Satyamev Jayate")

    One Side : "Chalta Hain"

    Other Side : "Khao Khujao , Batti Buzao"

    Let's move on ( yes, that's the only option with any breed of politicians that may come to power in India).





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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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  • GCOP
    07-14 10:53 AM
    I did not mention anything like that. Just a request to allocate some Visa Numbers to EB-3 (India), which is retrogressed in 2001 since many years. I modified that format letter.
    Did you mentiopn like Phani_6 that your lawyer filed Eb3 on advice from DOL inspite of you qualifying for Eb2?





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  • manub
    07-08 09:39 PM
    Thank You for all the support.
    I couldn`t reply any sooner.I was busy with Open house( a whole lot of scrubbing and cleaning).
    I cannot post the contents of the RFE`s as most of the info is private and not appropriate for the public forum.But the info I got from the forum so far has been helpful.
    What we are trying to do now is to get appointments with atleast 2 other attorneys(murthy and khanna) .our current Lawyer responded to our questions on a sunday .Not many lawyers do that. and we have only 2 weeks to respond Once we get some answers we`ll go from there.
    Our case is very complex.I don`t want other members be discouraged by the amount of papers uscis requested.Not every one gets this unlucky.They asked for all w2`s,first and last paystubs with each employer and federal tax returns.Rule of thumb don`t discard any paper that you ever submitted to uscis and all your employment records.
    I will keep you posted.
    thank you again.





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  • senthil1
    04-07 12:05 PM
    Will 115k enough by seeing 133k applications in one day? If 115k is reached we will ask unlimited. So there should be some system to see whether those115k H1b is used properly. Employers should not wait till october and they should get people when they require. If most of the H1b quota is used by bodyshoppers where will top US companies get?

    How do you find H1 quota to be "unlimited"? And how is this bill going to prevent "unlimited numbers" that did not exist in the first place? I thought S.2611 and HR1645 propose to increase H1 quota to 115K, from the existing 65K H1b/yr. Does this increase make H1 quota "unlimited". I am ignorant about it, could you please help me understand.





    pmb76
    12-20 02:03 PM
    razis dude, I'm probably the most secular person you'll find on IV. Read my previous posts. However I have to disagree with you on this one and that too very strongly. Each of the places you mention Muslims are the Oppressors and not Oppressed.
    I completely support George Bush's doctrine of smokin' em out and ridding the world of Islamofascism. He is one of the best presidents this country has ever had. However he is misunderstood throughout the world. World over - jihadis and islamofascists hate Bush with a vengeance - which tells me only this - He must be doin' somethin' right. As long as we have more leaders like Bush we are in safe hands.

    We shall not tire, We shall not falter and We shall not fail - until Islamofascism is wiped out.
    Just my 2 cents.

    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.





    zCool
    04-07 12:45 AM
    I don't think that will be end of the world. H1B was answer to the xenophobia itself. It's beneficial to corporations and US economy but very bad for Indians who are being lured under wrong perception. People are getting temperory permits for jobs that basically happen to be of permanant nature.
    When there happen to be 200K applications for 65K permits on day 1.. and folks from Microsoft and Google have to worry abt being able to keep geniuses they have hired.. something's gotta happen to separate wheat from chaff.. this will be it..!