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  • gc28262
    09-26 10:14 AM
    Democrats will continue their push for CIR even after election.

    Illegal immigrant numbers are in millions. Illegals are guaranteed vote banks for democrats. These illegals once legalized will permanently shift the political fortunes in favor of democrats.

    If CIR is passed, we may not see another republican president in US history !




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  • jonty_11
    05-29 08:27 PM
    Lobbying is like bribery - but legalized here in US....the smart people here didnt want to get caught....so legislators can make lobbyists like Jack Abramoff and ilk - scapegoats.....




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  • unitednations
    03-24 07:56 PM
    http://www.ca5.uscourts.gov/opinions/pub/98/98-60340.CV0.wpd.pdf

    Above case is the most frequent cited case by california/vermont service center and appeals office in denying h-1b's.

    Essentially; many years ago a nurse staffing agency was filing h-1b's and they were doing it for a specific set of nurses which actually required a degree (most nurses do not require a degree).

    The staffing agency was using one of the ways to demonstrate that the job required a degree (which is listed in 8 cfr 214.2h) that it normally hired nurses with degrees. Essentially; they were trying to circumvent h-1b for jobs that normally didn't require degrees.

    USCIS and the courts basically stated that if a person is not working at your location then you are considered a "token" employer and that the job requirements of where you are actually working is what needs to be demonstrated to see if the job requires a degree.

    Most of h-1b rfe's are trying to determine whether the petitioner is the employer or the agent (they ask for office information, project details and intertwine it to whether you have specailty occupation work at your location) or if the information on your payroll reports; your office size, pictures, etc., show that you are an agent. If they believe that you are an agent then they go the purchase order route.

    Now; uscis is totally misapplying this because h-1b is simple; job requreis a degree and person has that degree. In this particular case; nursing agency was trying to create a degree requirement for job that normally doesn't require one.

    However; they are applying this standard to all the staffing companies. I would read it and memorize it as this is quoted in every one of the denials.




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  • dontcareanymore
    08-05 02:16 PM
    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:

    And let me add another twist to the story.

    The Guy with Masters degree is working with a desi sweatshop and convinced his masters (No pun) to file for Eb2 even though his job duties were just dish out code like a high school grad can do. On the other hand there was another guy who was in US for a decade , gone though masters degree and got a very good job in a very good company. He was eligible for EB2 but his only mistake was to not force the company to file a EB2 case or even worse his lawyer makes a mistake and files under Eb3 even though the job he was in and he are qualified as Eb2. The company wants to make amends now by filing a EB2 case and first MS guy (sweatshop guy) wants him to start again and wait for another decade.

    The kicker : The sweat shop labor guy works in the same company as contractor and reports to the second guy and in the same reporting chain, just two levels below him.



    How about another story :

    Both guys go to the same engg school back home. One guy passed with distinction and got a job immediately in a respectable company immediately. Other guy takes two additional years to finish the degree , but his dad was rich enough to send him to the US to complete the MS and now he thinks he is smarter than every one else and needs a special place in the queue.


    You can come up with 100s of stories if not more. Therefore you can't generalize. Just don't think all those who filed under EB2 first are with MS and smarter than others and all those who are Eb3 are here by shady means.



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  • alterego
    10-03 04:03 PM
    Have you seen any other politician talk about the lengthy and expensive process of LEGAL immigrants? Obama has spoken about this in an interview. Now, I know here you will want to make the differential between EB and FB immigration and what he means. I am aware of this distinction, however never have I heard a single word from the Republican side about the grossly unfair situation of lengthy greencard backlogs. The fact is EB immigration will not be modified in a vacuum and the conservative republicans will always block any relief for us, no matter what.




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  • satishku_2000
    08-09 01:21 PM
    Actually; I didn't think it was courageous at all. I had to practice what I preach.

    One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.

    Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).

    I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.

    Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.

    he didn't but just in case he wanted to; I was ready for it.

    UN,

    Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?

    Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.

    My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?



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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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  • walking_dude
    09-30 09:17 PM
    After the bail-out bill failed in the House, Obama immediately posted a response reassuring Americans and investors that the leaders will come up with another soon.

    Contrast this with McCains partisan blaming of Obama for failure of bailout, while it was him that pulled the stunt of rushing to Washington to 'rescue' the bailout. After failing to show the leadership of his own party -with majority of Repubs voting against the bailout (a clear indication of leadership failure and ineffectiveness of McCain Presidency in passing anything through his own party!), he found it convenient to Obama.

    And it was Obama who proposed raising FDIC insurance to $250,000 to which McCain has (thankfully) chimed in.



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  • Macaca
    03-06 09:02 PM
    General Process for FY 2006 and Subsequent Fiscal Year H-1B Filings (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3f06c12454f6742a078d4244f6905 45e)
    Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf) November 2006
    Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html) Report of the Visa Office Department of State

    The Report of the Visa Office is an annual report providing statistical information on immigrant and non-immigrant visa issuances by consular offices, as well as information on the use of visa numbers in numerically limited categories.

    Visa Statistics (http://www.dhs.gov/ximgtn/statistics/) Department of Homeland Security

    Nonimmigrant Visas Issued by Classification (Including Crewlist Visas and Border Crossing Cards): Table XVI(B)

    Fiscal Years 2002-2006 (http://travel.state.gov/pdf/FY06AnnualReportTableXVIA.pdf)
    Fiscal Years 2001-2005 (http://travel.state.gov/pdf/FY05tableXVIb.pdf)
    Fiscal Years 2000-2004 (http://travel.state.gov/pdf/FY04tableXVIb.pdf)




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  • nojoke
    12-27 06:24 AM
    Ofcourse its Pakistan's responsibility since we created them. But the question is, where do you go from here?
    There is about twenty to twenty five years worth of infrastructure and intellectual capital built in the unofficial 'non-state' militant/jihadi circles.
    So, its going to take time for this infrastructure to go away.

    The challenge for Pakistan is to dismantle this infrastructure. A hostile or unfriendly India doesn't help. Ironically, it makes reliance upon this infrastructure attractive.

    If pakistan is innocent, how about handing over dawood ibrahim? or a few other terrorist to India. If not to India, why not hand them over to international court? If they don't want to do this, then it is logical for us to conclude that the pak government is involved



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  • xyzgc
    12-20 03:44 PM
    I was saddened and anguised with the terrrorist attacks that happened in Mumbai. I hope India follows up on its tough talk and goes after the perpetrators, no matter their affliation or the consequences. That was a provocation and I would love to see LeT or anyone else responsible to pay for it.

    But It is sad to see 'educated individuals' channeling their anger to demonize muslims who are equally upset with the Mumbai incident. Just like any religion/race, there are extreme elements among muslims. But this guilt-by-association should not have any place in modern society though sadly it does. There have been subtle and some not-so-subtle attempts on IV to protray all muslims as terrorists or all terrorists as muslim.

    I agree that there are a lot of current terrorist activities that can be attributed to muslims and I condemn them. But Indian muslims have stood up against this latest incident. They are asked to wear their allegiance on the sleeve as if they are in some way responsible for this heinous crime. There are numerous examples of non-muslims who are terrorists but in my view that does not render the whole community as such. The gujarat genocide, the attacks on christians in Orissa and other parts are led by the VHP/RSS but the right wing marketing blitz has been so effective, a lot of people have defended this as a reaction. That is exactly the kind of excuse the LeT or any other terrorist organization would make.

    Why is it so hard to say - Lets punish the guilty irrespective of their name or religion. Lets have a transparent Criminal justice system. Lets investigate any crime before guilty verdict is pronounced. That would render ineffective any propaganda that extremists use to recruit new members. Most of the people in this forum live in America and the law of this country would be in my view a good example of punishing the guilty irrespective of who and where they come from.

    Agree with parts of it.
    Disagree strongly with your statement

    But It is sad to see 'educated individuals' channeling their anger to demonize muslims who are equally upset with the Mumbai incident. Just like any religion/race, there are extreme elements among muslims.


    Most muslims are NOT upset with the mumbai incident, especially muslims in Pakistan. They floated the theory that this was the handiwork of Hindus and Kasam (or whatever the name is) is saffron and not green.
    Only Some muslim moderates sound very sincere in condemning it.
    You need to do some reading before making some statements.

    On this forum itself there are folks like buddysinfo a.k.a aCool who have been leaving very filthy, unspeakable offline messages like mf***r, sf***r, ur mom f****d by paki, chop ur d**k off and so forth...a lot of these folks kept saying everything was a security failure, over and over again. Nobody is denying that but its an attempt to create a diversion. Just like politicians.
    Check out the closed thread "Mumbai attacked". Read through it properly and if you are a non-muslim/unbiased muslim, please accept the truth.

    Having said that, its wrong not to channelize your energy properly and bad mouth the entire community and IV threads are not to be used for it. I did it myself and I admit its wrong but its NOT gonna change the truth.




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  • jkays94
    06-01 01:13 PM
    I'm confused in the first place, How a public telivision channel like CNN allows to air this show.

    The problem is most often the information and numbers given on this show are not actual facts and often exaggerated and misleading. The info looks most likely derived from FAIR or NumbersUSA or Heritage foundation or one of their associates.

    The reasons can be summed up simply as ratings and the revenue defined from high ratings. CNN is taking a beating from Fox and has decided to adopt an ultra conservative agenda. At the end of the day if being pro-immigrant would improve ratings for CNN such that it would beat Fox News ratings, I am willing to bet that CNN would make a turn around and sing praises in honor of immigrants. See my next post for how low CNN is willing to go in associating with anti-immigrant groups to the extent of propagating myths.



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  • mps
    08-05 02:35 PM
    Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..


    Wow ! So you are saying that no one qualifies for EB2 after 2004 !

    I kindly disagree.




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  • sumanitha
    01-07 06:23 PM
    Dear Rayyan..

    I dont know if you are a male or a female...

    One thing you need to know is there is no wrong to worship male's organ.. If that doesnt work.. no matter what.. your l(w)ife is sucked..

    Hope you understand what I mean..

    Oh ya!!!,
    I know you worship shiv ling a MALE ORGAN !!!!!!!, a rat, elephant face, tree, stone ,snake , etc. Common man look at your religon self first before pointng others......



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  • Arjun
    07-14 08:16 PM
    I think all this mess is caused by H1B limit being 195k between year 2000 and 2004, before and after that 65k. Now when issuing H1B, they issue most of them to Indians (>50%) no country limit applies there. When it comes to GC and they put a 7% country limit and that�s where the backlog starts.

    If they (USCIS) don't want to do anything about this then they should consider putting a limit on H1B and let business look for talent in countries other than India.




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  • dontcareanymore
    08-05 02:53 PM
    I also resent the idea that all US Masters folks are just "rich kids".

    Never said that. That was just a "story" response to a "story" post. The intent of the post is DO NOT TRY TO FRAME THE ISSUE IN ONE STORY. THERE ARE MANY STORIES.



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  • nixstor
    11-12 08:31 PM
    Regardless of the power shift in Congress, the cheap foreign labor lobby is coming on strong, pushing for legislation that would dramatically increase the number of foreign workers allowed into this country under existing guest worker programs.

    Bill Tucker reports.

    (BEGIN VIDEOTAPE)

    BILL TUCKER, CNN CORRESPONDENT (voice-over): Microsoft's Bill Gates this week fired the first shot in the coming fight for more cheap foreign labor. Gates warning of a shortage of high-tech workers that his company needs to be competitive.

    His solution? Bringing in more foreign workers.

    Critics say he's got it wrong.

    STEVE CAMAROTA, CENTER FOR IMMIGRATION STUDIES: If we have a shortage, then the solution is to let the labor market be tight and more Americans will be attracted to those jobs as wages rise. If American business really feels that we're not teaching enough math and science in school, they need to pressure the political institutions to do a better job of teaching our kids.

    TUCKER: Congress has a different solution. It's known as the Skill Act of 2006. It would nearly double the current cap on H1B visas and allow for a 20 percent increase every year after the previous year's quota was met, virtually guaranteeing an endless supply of lower-paid workers from overseas.

    A study by Georgetown University found that the total potential number of new tech visas created by the Senate bill would by 1.88 million over the next decade. But the Bureau of Labor Statistics only projects a need for 1.25 million workers in computing and engineering fields. That's more visas than jobs.

    Worker advocates say Congress is ready to sole a problem that doesn't exist.

    KIM BERRY, PROGRAMMERS GUILD: We don't see any evidence of a shortage. A shortage under the laws of supply and demand would be an increase in wages, it would be body shops or headhunters stealing employees from other companies.

    TUCKER: And that's not happening.

    (END VIDEOTAPE)

    TUCKER: No. In fact, wages are stagnant and declining. A study published by "BusinessWeek," in fact, found that the starting wages for computer scientists and engineers fell 12 percent or worse, Lou, from 2001 to 2005. It doesn't sound like a tight labor market to me.

    DOBBS: No, it's just going in the opposite direction.

    You know, at some point these people have got to be a little embarrassed by their shoddy economics and their lack of, let's say, integrity and intellectual honesty in what they are doing here. And perhaps at some point find a conscious in corporate America about what they are doing to working men and women in this country. You would think it would happen -- we hope sooner rather than later.

    Thank you, Bill Tucker.


    Wass up between these dudes? Lou and Kim? Are they buddies or more? :) .. damn.. He gets him on to his show so often as if Kim B is a prominent person. Why the hell doesnt he let America hear the other side of the story?? I mean not in this article.. in general.




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  • NKR
    07-14 09:48 AM
    Eb2- I people are wrong when they think any steps taken by EB3-I are because of jealousy.

    I am an EB2 I applicant and my PD became current this month. If I do not care, I wouldn�t even be checking out this thread. I understand your pain and frustration, I was stuck too for a long time in the old labor process before perm came.

    EB2 I people do not think EB3 I people are jealous. I do not think Rolling Flood is from India, let alone being an EB2 I applicant. He just rolled in thinking he can open a flood gate of arguments and counter-arguments, let�s just prove him wrong.




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  • rimzhim
    02-02 01:23 PM
    this info is for lou dobbs and he can search for this information in Wikipedia, the free encyclopedia (for all the middle-class that can get free information, most likey coded by an H1B)

    [edit] Taxation status of H-1B workers
    H-1B workers are legally required to pay the same taxes as any other US resident, including Social Security and Medicare.[2] Any person who spends more than 183 days in the US in a calendar year is a tax resident and is required to pay US taxes on their worldwide income. From the IRS perspective, it doesn't matter if that income is paid in the US or elsewhere. If an H-1B worker is given a living allowance, it is treated the same by the IRS as any other US resident. In some cases, H-1B workers pay higher taxes than a US citizen because they are not entitled to certain deductions (eg. head of household deduction amongst many others). Some H-1B workers are not eligible to receive any Social Security or Medicare benefits unless they are able to adjust status to that of permanent resident.[3] However, if their country of citizenship has a tax agreement with the United States, they are able to collect the Social Security they've earned even if they don't gain permanent residency there. Such agreements are negotiated between the United States and other countries, typically those which have comparable standards of living and public retirement systems
    Lou knows it all; he knows it is the L-1 visa holders and not the H1B visa holders. But his viewers know what H1b is and have never heard of L1. So it helps him to cite H1B. He has shown "figures with 0 tax returns" on his show at times; they are from ppl who are now on H1B but were on L-1 in the past when they submitted the 0-tax returns.




    gaz
    12-28 08:41 PM
    I hope thats your bravado speaking. Otherwise what you have stated is mostly inaccurate. Much as I would like to see Pakistan walloped for supporting the jehadi pigs, what war could potentially escalate into is far scarier than 200 people killed in Mumbai. It could mean the deaths of hundreds (or many times that) people - both Indian and Pakistani. That casualty number is not acceptable given that we've been absorbing thousands of losses in the last 50 years...scratch that - even in the last 20 years. IMHO Kargil was a bigger event than Mumbai than this since they had the b*lls to waltz onto Indian territory.

    Strategically, India has no advantage pushing on to Islamabad (which is why we didn't in the wars earlier). Logistics will not support an invasion - primarily because the local population will not support it. And then it means killing thousands of non army personnel to hold on to territory and sustaining the same kind of losses. ('71 push to Dhaka was a contrast because the local population was supportive of India's/ Muktibahini push)

    Nukes - for the delivery mechanism it doesn't need to be accurate - it just needs to get close and explode above or around the target. If it explodes in the air there are fewer casualties than if it were to land on the ground - then the massive fallout would be even more catastrophic. Anti-missile shield? Wow - but no way are they going to be effective. 4 minutes of flying time from Pak to India for an aircraft - its hard intercepting aircraft (which are far slower than missiles the last time i checked).. you need to research a little more before speaking up. And none of India's or for that matter Pakistans missiles have been war-proven (remember Murphys law - yes that will creep in here also)

    Yes - India can wipe out terror camps; wipe out the PAF/ Pakistan army etc. But what is the strategic advantage? An economic setback of 20 years? No buffer between Afghanistan, and the hardcore mullahs west of Pakistan (most Pakis outside of the ISI are liberal Islamists). Also, the US will be more concerned about the Afghan border and will step up international pressure on India to let Pakistan be - worse - it could take an offensive posture against India as in '71 (like everyone else US cares about its interests first)

    Pakistan is that spoilt younger sibling to India that keeps making noise to get whatever it wants. Now the time has come when even they know they've gone too far. And its A**kicking time - but not militarily. A tough stance from India and the rest of from the rest of the world will work also. Tough love, baby!

    India's interests are best served by getting ISI branded a terror organization, Pakistan a terror state and by de-linking Kashmir with the whole terror issue since most of the terrorists are non locals anyway (because Pakis want the focus on Kashmir). Repeal article 370 so that Kashmiri Pandits are assisted in returning to Kashmir along with other Indians (whatever religion so wants to). Rebuild Kashmir economically. Help liberal Pakis rebuild their country - and with a better economy, maybe good sense will prevail in that failed state.

    Strength is not always an action of force. Strength is sometimes force of action - and India needs to be forceful in its actions - not relenting, not giving up until South Asia is a peaceful place again.

    As someone who comes from an army family and who has been trained as a reserve, I want to assure you guys who think that an Indo-Pak war will linger; that it will not. It will take Indian army 15-20 days to reach Islamabad if the full force is deployed and the army is in charge of the war and not our politicians.
    Pak has nukes, but their delivery mechanism is not sound and before Pak launches any nukes, US will disarm them and even if a few are launched India had a very good anti missile shield which will intercept and destroy all warheads before it enters Indian air.
    Now to actual strategies that India should follow-
    1. The civilian government in Pak is not at fault, previously they were responsible for terrorist attacks on India but now they are suffering at the hands of a monster of their own making. Terrorism and ISI.
    2. India should use air and missile power to strike out and wipe out a 500km radius around each terrorist camps while offering an olive branch to the Pak govt. What this does is it will kill with certainty all terrorists and will also wipe out surrounding villages.
    3. These are casualties of war and are a necessary evil, it will strike fear in the hearts of villagers and when ever a terrorist camp is set up; the surrounding villagers will chase them out in fear of India's wrath.
    4. India should send RAW analysts to assassinate all rouge ISI officers, if needed Mossad of Israel can help India.
    5. Finally the only way to deal with the problem of Pakistan longtime is to either socially cleanse Pakistan for the civilian government and bring in more modernism or carve out pakistan into several independent states. This is a long term goal which has to be thought about.

    If anyone is interested I can post the actual army strengths of India and Pak, its an interesting statistic and I am sure the Pak government knows about it in more detail than me. And it beats me that in spite of knowing the facts they are doing all this war posing. Just a tit bit from it, Indian army (only) is 1.3mil + 450K (reserves) strong. The combined Pak armed forces are 450K active + 500K reserves. India outnumbers Pak in almost every aspect 1:5 on an average. We have fought 4 wars and India has won all 4 times, why should the 5th time be any different? Lets finish this and move on, we have to become an economic superpower and we cannot be bothered by such trivial things like terrorism and pakistan. Lets take terror to the terrorists, like the song from the Hindi movie Arjun goes
    " Dushman ko yeh dikadho dushmani hai kya...":cool:




    satishku_2000
    05-16 05:50 PM
    Very true. If it was a simple think to do -- tracking down all the illegals and deporting them in the course of an afternoon, I would be all for it! Fact is, it isn't that simple. That is why we have to cope with the situation at hand and make the best of it. The best of it, regarding the illegals, is to prevent prevent the problem (heavily increased borders and border patrol) and get an overview of the illegals already here.

    Regarding the vast H-1B abuse by people NOT POSSESSING REAL, FULL-TIME JOBS, the solution is a much simpler one -- stop the abuse by stopping the 'consultants' on the bench.

    Because its hard to deport you are not for deportation. Are you for local police getting powers to enforce the immigration laws too?


    Now I see where you going , I think your views are much more in alignment with ALIPAC , NUMBERSUSA , PROGRAMMERS GUILD and Minute man project in my own home town ...


    As far as i know none of the consultant friends i know are on "bench" for past 3 years and they make much more money and pay much more money in taxes than people who are in "permanent" jobs.



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