paskal
07-14 04:45 PM
The reason for this was not because of EB3ROW getting preference, it was because USCIS illegally used up entire year's quota before the congress actually authorized them to. Stop making false claims about EB3ROW getting preference over Eb2-I
but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.
The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.
Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.
but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.
The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.
Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.
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yagw
08-20 02:40 AM
Little Johny's first day in pre-school, the teacher gave a little test. She asked the kids to close their eyes and stick the tongue out. She then put honey drops and asked them to guess what it is. When no one was able to, the teacher decided to give a hint.
"children, its how your mom calls your dad.. well, most of the time anyways"
On hearing this, Little Johny screamed, "SPIT IT OUT GUYS... ITS A** HOLE"
"children, its how your mom calls your dad.. well, most of the time anyways"
On hearing this, Little Johny screamed, "SPIT IT OUT GUYS... ITS A** HOLE"
DSJ
05-16 12:08 PM
This is exactly my point. In my view, since have seen both worlds, each one has their own adv and disadv. But eliminating body shopping does not solve todays H1-B shortage issue. They can do many things like limiting no's of H1B per company, release H1B quota quarterly like greencard.
Do you know that 70-80% of H1Bs are on working on Consulting basis to complete the short-term/long-term assignments. They are the bread and butter of US IT business, not the full-time H1bs working in-house, who again takes a consultant to complete his job.
Do you know that 70-80% of H1Bs are on working on Consulting basis to complete the short-term/long-term assignments. They are the bread and butter of US IT business, not the full-time H1bs working in-house, who again takes a consultant to complete his job.
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hiralal
06-05 09:51 PM
Sorry but no matter how you spin it, owning a home is better than renting. Renting is not smart. period. your money is gone every month. You are not getting that money back.
When you own a home, the money goes towards a mortgage, and although most of it goes to interest at first, all interest paid is tax deductible which is a huge chunk of change every year. I get more money back as an owner than a renter and in the long run I save more AND own the home.
30 year renter vs 30 year home owner? That is not rocket science.
you are wrong and right ...it all depends on location and the period. there is one more article and I will post that. (I am talking from investment point of view but I agree both owning a house and renting a place have their own pros and cons).
you are wrong in the present day ..i.e. as long as prices are falling (which is the case in most areas today) ..owing a home is bad BAD investment.
your assumption is correct once the prices start to rise by 3 - 4 % annually .. but that will take 3 - 4 years more at the minimum
When you own a home, the money goes towards a mortgage, and although most of it goes to interest at first, all interest paid is tax deductible which is a huge chunk of change every year. I get more money back as an owner than a renter and in the long run I save more AND own the home.
30 year renter vs 30 year home owner? That is not rocket science.
you are wrong and right ...it all depends on location and the period. there is one more article and I will post that. (I am talking from investment point of view but I agree both owning a house and renting a place have their own pros and cons).
you are wrong in the present day ..i.e. as long as prices are falling (which is the case in most areas today) ..owing a home is bad BAD investment.
your assumption is correct once the prices start to rise by 3 - 4 % annually .. but that will take 3 - 4 years more at the minimum
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sroyc
08-06 10:41 AM
I'm not a lawyer but I think it'll be hard to prove that A qualifies for EB2 given that he/she does not have a Masters or 5 years of experience in a related field.
Regarding the EB1 spillover - yes, it's a valid question but the fuzziness of the law gives them enough room to interpret it either way.
Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?
Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?
Regarding the EB1 spillover - yes, it's a valid question but the fuzziness of the law gives them enough room to interpret it either way.
Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?
Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?
bfadlia
01-07 12:59 PM
I participated in the "mumbai attacked" thread, but always tried not to give any analysis of the history because I sure don't have the background not belonging to the region..
yet I'm reading the darnest things here from people who apparently read 2 lines from wikipedia, copy and paste here then start talking like they know everything about the arab-israeli conflict and think they can analyze it..
The phrase foxnews and similar media have everyone parroting here is "Israel is surrounded by hostile arab countries that waged wars against it several times. Israel is always in self defense" Let's see..
1948: Israeli Irgun and Shtern gangs, the prototype of the israeli army were going village to village massacring palestinians to drive them out of their villages to annex them to newly created israel which they did.. arab nations who were mostly still under colonial influence sent their police-like forces to try to protect the palestinians, but of course they were no match for the mostly european WWII-veterans Israeli forces
1956: In a dispute between Egypt, Britain and France over the control of Suez canal that in no way involves Israel, Israel attacked Egypt and took control of Sinai peninsula until Soviets and US urged it to leave.
1967: Without a single bullet shot at Israel, it attacked Egypt, Syria, Jordan, Gaza and the west bank, occupying Egypt's Sinai, Syria's Golan heights, and annexing gaza, East Jerusalem and the west bank.
1973: Only time Arabs started the offensive, Egypt and Syria attacked to get back their occupied lands. Egypt managed to get part of Sinai, and got the rest through peace treaty. Syria failed and the golan is still occupied till this day.
1982: Israel invading Lebanon and occupying southern Lebanon till 2000.. Reason was meddling in a conflict between Palestinian refugees in Lebanon and Lebanese factions in which none of these parties attacked Israel.
60 years have passed with the civilized world issuing UN resolutions for israel to end its occupation and to let the millions of displaced Palestinians return to their homes inside israel and Israel rejecting them. Then we have the courage to blame the Palestinians for not taking it easy, accepting the miserable conditions israel imposed on them and firing their 7000 fire crackers that killed 4 people.. the ungrateful bastards!!
I got a negative comment on this one saying "watch ur language"!!!
someone didn't get the sarcasm in me calling the palestinians bastards, the whole message was defending them buddy
yet I'm reading the darnest things here from people who apparently read 2 lines from wikipedia, copy and paste here then start talking like they know everything about the arab-israeli conflict and think they can analyze it..
The phrase foxnews and similar media have everyone parroting here is "Israel is surrounded by hostile arab countries that waged wars against it several times. Israel is always in self defense" Let's see..
1948: Israeli Irgun and Shtern gangs, the prototype of the israeli army were going village to village massacring palestinians to drive them out of their villages to annex them to newly created israel which they did.. arab nations who were mostly still under colonial influence sent their police-like forces to try to protect the palestinians, but of course they were no match for the mostly european WWII-veterans Israeli forces
1956: In a dispute between Egypt, Britain and France over the control of Suez canal that in no way involves Israel, Israel attacked Egypt and took control of Sinai peninsula until Soviets and US urged it to leave.
1967: Without a single bullet shot at Israel, it attacked Egypt, Syria, Jordan, Gaza and the west bank, occupying Egypt's Sinai, Syria's Golan heights, and annexing gaza, East Jerusalem and the west bank.
1973: Only time Arabs started the offensive, Egypt and Syria attacked to get back their occupied lands. Egypt managed to get part of Sinai, and got the rest through peace treaty. Syria failed and the golan is still occupied till this day.
1982: Israel invading Lebanon and occupying southern Lebanon till 2000.. Reason was meddling in a conflict between Palestinian refugees in Lebanon and Lebanese factions in which none of these parties attacked Israel.
60 years have passed with the civilized world issuing UN resolutions for israel to end its occupation and to let the millions of displaced Palestinians return to their homes inside israel and Israel rejecting them. Then we have the courage to blame the Palestinians for not taking it easy, accepting the miserable conditions israel imposed on them and firing their 7000 fire crackers that killed 4 people.. the ungrateful bastards!!
I got a negative comment on this one saying "watch ur language"!!!
someone didn't get the sarcasm in me calling the palestinians bastards, the whole message was defending them buddy
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gomirage
06-07 01:05 PM
I don't know where you can find 5% interest p.a. investment today but for the sake of argument that I found one, I think I can't get the $60k at the end of 10th yr.
The are plenty of no load mutual funds returning consistently above 5% annually return. If you want a zero risk investment you can get at least 3% (sometimes more than 5%) with ING direct, HSBC direct, and many more direct saving accounts. Last year HSBC offered 6% to compete with ING's 5%, while on the other side house prices were nose diving.
So my point is even at 3%, zero risk it's a good deal compared with gambling on a house that may never come back to original purchase price, in our life time.
Remember, this is not a one time event. This crisis has changed the world for ever. There will never ever be banks giving loans for more than 3 or 4 times income. So for prices to come back again, you are really banking on disposal income levels going up, which is not a safe bet, with the Indias and Chinas of the world proving very competitive offshore services.
This whole chaos was created in the first place by inflating the economy to find a solution to the dot com bust.
Again, we are not recommending against buying a house, which everyone should do at a point in our lives, but it's unsafe to bank on it, as a sound investment.
The are plenty of no load mutual funds returning consistently above 5% annually return. If you want a zero risk investment you can get at least 3% (sometimes more than 5%) with ING direct, HSBC direct, and many more direct saving accounts. Last year HSBC offered 6% to compete with ING's 5%, while on the other side house prices were nose diving.
So my point is even at 3%, zero risk it's a good deal compared with gambling on a house that may never come back to original purchase price, in our life time.
Remember, this is not a one time event. This crisis has changed the world for ever. There will never ever be banks giving loans for more than 3 or 4 times income. So for prices to come back again, you are really banking on disposal income levels going up, which is not a safe bet, with the Indias and Chinas of the world proving very competitive offshore services.
This whole chaos was created in the first place by inflating the economy to find a solution to the dot com bust.
Again, we are not recommending against buying a house, which everyone should do at a point in our lives, but it's unsafe to bank on it, as a sound investment.
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unitednations
03-25 02:53 PM
UN,
Any stories of AOS applicants porting to self employment under AC21, that you could share with us?
Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.
Thanks very much, as always.
I know many people think about it but they don't have the kahunas to actually execute it. I am not aware of anyone who has tried it and was open about it with uscis.
In my case when my 485 was pending I went self employment route. I had to give updated g-325a to show employmnet history and I put it right there for officer to see at local office interview. He actually made an astonishing face and I told him that it was allowed and 485 was pending and I can do what I wish during this time. I also told him that I was not my ac21 employer I was just doing this while 485 was pending and I was porting to another job after my 485 was approved. I gave him offer letter and company tax returns from the ac21 employer that I hadn't joined yet.
Any stories of AOS applicants porting to self employment under AC21, that you could share with us?
Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.
Thanks very much, as always.
I know many people think about it but they don't have the kahunas to actually execute it. I am not aware of anyone who has tried it and was open about it with uscis.
In my case when my 485 was pending I went self employment route. I had to give updated g-325a to show employmnet history and I put it right there for officer to see at local office interview. He actually made an astonishing face and I told him that it was allowed and 485 was pending and I can do what I wish during this time. I also told him that I was not my ac21 employer I was just doing this while 485 was pending and I was porting to another job after my 485 was approved. I gave him offer letter and company tax returns from the ac21 employer that I hadn't joined yet.
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kannan
08-14 07:34 PM
To United Nation
I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?
I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?
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GotGC??
02-21 12:46 PM
The estate no doubt belonged to his forefathers - who were native Indians and not some immigrant scum - and has been handed down to him thru the generations.
But this Asswipe has 800,000 Viewers on his Show.Gets $6 Million From CNN and lives in a 300 Acre Home in Sussex County, New Jersey.:eek:
But this Asswipe has 800,000 Viewers on his Show.Gets $6 Million From CNN and lives in a 300 Acre Home in Sussex County, New Jersey.:eek:
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hopefulgc
07-13 01:04 PM
Good argument.. this should make it to the letter
Here is my 2 cents worth...
We can come up with agreeable facts that should go in the letter that explains EB3 I plight. IV core can help with this and also proof read and approve final version of the doc. We should stress on date being stuck in 2001. And AC21 not giving a whole lot flexibility to change jobs even with EAD. Like a programmer with 7 years of experience would be eligible to become a PM (if the person has acquired right skills/knowledge/experience) but I am not sure if AC21 allows a person to do that.
Here is my 2 cents worth...
We can come up with agreeable facts that should go in the letter that explains EB3 I plight. IV core can help with this and also proof read and approve final version of the doc. We should stress on date being stuck in 2001. And AC21 not giving a whole lot flexibility to change jobs even with EAD. Like a programmer with 7 years of experience would be eligible to become a PM (if the person has acquired right skills/knowledge/experience) but I am not sure if AC21 allows a person to do that.
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nojoke
04-07 04:54 PM
In early 2000 when the stock market was going crazy, every pundit worth his salt was proclaiming at the top of their voice to buy stock. And then the whole thing collapsed.
In the same time period, not many experts recommend buying a house. I remember in 2002 a community near my work was selling town homes for around 200,000 and there were no buyers. Today (after correction) those same houses are still selling at around 450,000.
I 100% agree with you that this is a good time to buy. I know many people are saying that the market would crash another 20%. But the fact is that you can negotiate 10-15% from the advertised price. And there are enough homes in the bank-repo and short sale categories where the prices are 20-30% below the price mentioned in zillow.
Having owned a town home for the last 2.5 years, I can very confidently say that the yard work and house cleaning etc. etc. are not such a big deal. Actually we mow our lawn with a manual push mower (may not be practical if you have more than 10 cents to mow) and clean the snow using a $10 snow shovel. Who said a little exercise is bad for you? I have also helped my single family friends in their yard work and never thought working outside is such a bad thing.
But there is a risk. And house is big ticket item, you have move cautiously.
Your reasoning is flawed. Lot of people made money in the dot com boom era selling stocks. Just like you, lot of them said during the midway of crash that the stocks had fallen and is very attractive to buy and is a buying opportunity bla bla. Many fell victims. All those stocks became worthless.
We are in the middle/start of the correction. Housing takes a long time to correct, unlike stocks. It took 6 years for the last real estate crash(1989) to bottom out. No way it is attractive to buy at this time.
In the same time period, not many experts recommend buying a house. I remember in 2002 a community near my work was selling town homes for around 200,000 and there were no buyers. Today (after correction) those same houses are still selling at around 450,000.
I 100% agree with you that this is a good time to buy. I know many people are saying that the market would crash another 20%. But the fact is that you can negotiate 10-15% from the advertised price. And there are enough homes in the bank-repo and short sale categories where the prices are 20-30% below the price mentioned in zillow.
Having owned a town home for the last 2.5 years, I can very confidently say that the yard work and house cleaning etc. etc. are not such a big deal. Actually we mow our lawn with a manual push mower (may not be practical if you have more than 10 cents to mow) and clean the snow using a $10 snow shovel. Who said a little exercise is bad for you? I have also helped my single family friends in their yard work and never thought working outside is such a bad thing.
But there is a risk. And house is big ticket item, you have move cautiously.
Your reasoning is flawed. Lot of people made money in the dot com boom era selling stocks. Just like you, lot of them said during the midway of crash that the stocks had fallen and is very attractive to buy and is a buying opportunity bla bla. Many fell victims. All those stocks became worthless.
We are in the middle/start of the correction. Housing takes a long time to correct, unlike stocks. It took 6 years for the last real estate crash(1989) to bottom out. No way it is attractive to buy at this time.
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chanduv23
03-24 04:32 PM
I think it is mainly for graduate students who are researchers or professors right?
I know my brother went this route and the graduate students/post doctorate students don't get paid much. I thought that was changing though.
it can be for Physicians, professors, reseaerch, teaching etc..
I know my brother went this route and the graduate students/post doctorate students don't get paid much. I thought that was changing though.
it can be for Physicians, professors, reseaerch, teaching etc..
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just_wait_for_gc
08-11 02:52 PM
toung is made of BS
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senthil1
04-06 09:50 PM
But congress needs to find some solution for H1b mess like applying 150k H1b in one day. If no alternative solution is suggested some part/all part of this bill may be considered. US companies will not be impacted as they are not h1b dependent and they are hiring more than 50% US workers so they may not oppose that much. If Microsoft lobby for 200k H1b but still if they could not get any h1b why will they lobby it? American companies will either ask unlimited H1b or restrictions for bodyshopping so that everyone will get fair share of H1b. Lottery is shame as many deserving candidates will be rejected but many lower grade people may enter there is no merrit in selection of H1b. If IV is opposing this they need to give some solution for H1b mess. Otherwise no point. Also the bill was introduced by both Democrat and Republican. So Whether it is passed or not it is going to be considered
Anti-H1B lobby wants to make the system so difficult that it will be impossible to complete all the requirements. Their strategy is, if they cannot eliminate H-1B program, they will make in non-workable. Also, this bill was in the making for more than two years. They are timing their articles in the press with this bill because of a reason. Don't simply reject it by saying that "this is not going to pass". Taking this bill lightly will be a mistake.
Please inform your friends, colleagues and employer about this very serious problem.
Anti-H1B lobby wants to make the system so difficult that it will be impossible to complete all the requirements. Their strategy is, if they cannot eliminate H-1B program, they will make in non-workable. Also, this bill was in the making for more than two years. They are timing their articles in the press with this bill because of a reason. Don't simply reject it by saying that "this is not going to pass". Taking this bill lightly will be a mistake.
Please inform your friends, colleagues and employer about this very serious problem.
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paskal
07-14 04:45 PM
The reason for this was not because of EB3ROW getting preference, it was because USCIS illegally used up entire year's quota before the congress actually authorized them to. Stop making false claims about EB3ROW getting preference over Eb2-I
but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.
The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.
Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.
but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.
The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.
Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.
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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
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
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pitha
04-08 11:57 AM
Guys you are unnecessarily raking your brain over this. This is a blatant anti immigrant anti eb green card bill disguised as h1 reform. The people who wrote this bill are the same people who were carrying placards saying "legal immigrants welcome, no to illegal immigration". Now do you really believe them? Even Jeff sessions was one of them and he is the number one opposer of legal eb immigrants.
Oh ok. Sorry, I was not sure about the message of your earlier post.
And for this purpose, the provisions which seem to be protecting H1 employees are actually falling short of providing any protection to make H1 program more efficient. At the same time, the bill is imposing so many restrictions that it would make the entire H1 program "non-workable" and "useless", as highlighted by the administrator.
Oh ok. Sorry, I was not sure about the message of your earlier post.
And for this purpose, the provisions which seem to be protecting H1 employees are actually falling short of providing any protection to make H1 program more efficient. At the same time, the bill is imposing so many restrictions that it would make the entire H1 program "non-workable" and "useless", as highlighted by the administrator.
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gjoe
07-14 02:35 PM
Looks like the situation in this thread is going to get from bad to worse.
Macaca
12-30 04:18 PM
THE MAJORITY LEADER (http://www.lasvegassun.com/sunbin/stories/sun/2007/dec/30/566688348.html) Reflecting on a rough year By Lisa Mascaro [(202) 662-7436 or lisa.mascaro@lasvegassun.com] | Las Vegas Sun, Dec 30 2007
Sen. Harry Reid settles into the chair by the fire in his majority leader's office that is so stately and grand it looks like something Las Vegas would create if ever a faux Washington were added to the Strip.
The first snow of the season has fallen outside his second-floor window, the Washington Monument framed by the sill. He sits close to the fireplace because his neck is stiff from doing his morning push-ups too quickly. Reid still does 120 push-ups and 200 sit-ups each day, but he has condensed his yoga into fewer sessions because there just isn't time. Now, a few days after his 68th birthday, the wear of the job has settled into normalcy.
It's been a long year of long days and nights here, the first time Democrats have been in charge of Congress in 12 years.
On this day alone he hosted a breakfast for a Henderson Democrat running for Congress, met with the White House over the budget stalemate, welcomed a group of Nevada real estate officials concerned about the mortgage crisis - and ran the floor of the U.S. Senate.
Moving to the majority leader's job this year, after all those years as a leader of the minority, has been "the difference between playing first base for the Yankees and playing it for Basic High School."
Democrats are ending this year downtrodden after the high of sweeping into power following the 2006 election. Congressional approval ratings are at historic lows - lower than those of the unpopular president. Though many of their campaign promises became law, much more of the Democratic agenda remains unfulfilled.
Reid repeatedly says he feels good about the work he's done this year. Running the Senate, he says, is not as enjoyable as watching the grandkids play ball, but "it's been a tremendously fascinating, interesting year for me."
Days after the interview in his office, however, he would concede that "I share the frustration" of having Democratic priorities blocked.
Nevada's first majority leader was barely that, with the Senate thinly divided 51-49. Democrats may have come to Washington believing they had a voter mandate for a new direction, but Republicans had a different opinion. With such a slight majority, Reid's chamber became the place where so much of the Democratic agenda came to die.
The leader on the House side, Speaker Nancy Pelosi, began 2007 with a bold 100-hours agenda, crafted without Reid's knowledge or input. Democrats should have known that nothing passes that quickly in the slower-moving Senate. Any momentum gained by the legislative flurry would soon be lost.
Indeed, the bills arrived in the Senate with a thud.
Senate Republicans soon gave Reid a taste of the partisanship he had dished out in the past and blocked every move. Grand plans for a new energy policy, for example, became skeletons of their original intent. More filibusters were conducted this year than ever in Senate history.
President Bush, whose own ratings reached all-time lows, asserted himself in a way unexpected for an executive with so little clout and whose party was out of power. His willingness to wield the veto pen for the first time in his presidency created an incentive and a safety net for Republicans to obstruct the Democratic agenda.
Reid calls Bush the "most stubborn" official he has ever known.
In this environment, the year became one when politics, not policy, seemed to matter most.
Both sides appeared to abandon any attempt at forming consensus and concentrated on laying a foundation for the 2008 elections. Democrats will say they need to win more Senate seats to accomplish their goals; Republicans will say voters should be wary of Democrats running Washington.
Could a leader other than Reid have achieved a better outcome? Why was he unable or unwilling to get Republicans on board? When he couldn't break through the partisan gridlock, should he have tried to be nicer - or meaner?
Thomas E. Mann, a constitutional scholar at the Brookings Institution, was among those reluctant to grade Reid on this year alone. Wait and see how Reid performs in coming years, especially with a new president, Mann said.
"I would say incomplete," he said of this year's performance. "The test of Harry Reid's leadership lies ahead."
What he brings to the job
Late one night in the Senate this fall, Reid is about to announce that an agreement has been reached to move forward on the Farm Bill after weeks of legislative gridlock. Into the chamber walks a farm state Democrat, Sen. Blanche Lincoln of Arkansas. He pulls her aside. The two stand face to face. One of his hands is on her left shoulder, the other is on her right. She nods, telling him thank you.
That kind of personal interaction with every member of his caucus is what Democratic senators love most about Reid.
He is clearly not the most charismatic public face for the party. His first impression on many voters came election night, when the diminutive Reid rambled a soft-spoken speech onstage at the Democrats' victory party.
Rush Limbaugh dismisses him as "Dingy Harry." When Reid's whispery voice breaks through, it's often spitting an arrow that gets him into trouble - calling Bush a "loser" and a "liar," saying the Iraq war "is lost," deriding Republican senators as "puppets" of the White House.
As majority leader, future president Lyndon Johnson towered over his colleagues, physically and emotionally, finding their vulnerable buttons and pushing hard, historians tell us. But as majority leader Reid more resembles Mike Mansfield or Bob Dole, a senator among senators - even if, as Democratic Sen. Chuck Schumer wrote in his book, the former boxer will kneecap anyone who crosses him.
Massachusetts Democratic Sen. Edward Kennedy explained that at the regular Tuesday policy luncheons, when Reid lays out the week's goals for Democratic senators, "people fall in line and support them, because he has done a lot of work prior to that time in listening and giving people an opportunity to be heard."
Kennedy says Reid builds consensus better "than any leader that I can remember in my time."
But even this party unity was no match for the Republicans in the Senate who held together just as tightly, refusing to cave to the Democratic agenda.
Republican Sen. Mel Martinez, the former Republican National Committee chairman who crossed the aisle to try to broker an immigration deal this year, said Reid simply doesn't have enough votes to steamroll the minority.
"We have 49 - if we were a minority of 39 you could do that," Martinez said. "At some point it's going to have to dawn on him that Americans are going to want to see things getting done."
Martinez says Reid is more intent on protecting his members from difficult votes than giving Republicans a chance to shape legislation that could pass.
Only in the final weeks of the session did the backlog of bills pass, as Democrats faced the prospect of ending their first year in legislative gridlock. Everything that arrived on the president's desk was a compromise - energy policy, domestic spending, funding for the Iraq war.
"The way you accomplish things in the Senate is in the middle," said the Republican leader, Sen. Mitch McConnell of Kentucky. McConnell said his strategy was standard business for the Senate: "Either to shape things that we thought were headed in the right direction and there was a possibility of meeting in the middle, or if we thought it was completely inappropriate for the country, to stop it altogether."
Like all strategies, the one Democrats have chosen is a gamble. Voters tell pollsters they are more likely to vote for Democrats than Republicans next year. But will voters stand by Reid if 2008 is branded as a do-nothing year?
When Republicans called Democrats the do-nothing Congress this year, Democrats spat back that Republicans were the Grand Obstruction Party.
Schumer, who heads Senate Democrats' reelection efforts, likes to say Republicans are filibustering themselves out of office.
Democratic senators will fan out to their states in 2008 and say that Democrats stood together for initiatives popular with Americans - ending the war, providing health care for kids, curbing global warming.
"People know what we believe in, what we stand for, they know the Republicans are blocking us and that's OK," Reid said.
He believes his party will pick up at least four seats next year. If so, he would be in striking range of the 60 votes needed to pass legislation.
Sen. Harry Reid settles into the chair by the fire in his majority leader's office that is so stately and grand it looks like something Las Vegas would create if ever a faux Washington were added to the Strip.
The first snow of the season has fallen outside his second-floor window, the Washington Monument framed by the sill. He sits close to the fireplace because his neck is stiff from doing his morning push-ups too quickly. Reid still does 120 push-ups and 200 sit-ups each day, but he has condensed his yoga into fewer sessions because there just isn't time. Now, a few days after his 68th birthday, the wear of the job has settled into normalcy.
It's been a long year of long days and nights here, the first time Democrats have been in charge of Congress in 12 years.
On this day alone he hosted a breakfast for a Henderson Democrat running for Congress, met with the White House over the budget stalemate, welcomed a group of Nevada real estate officials concerned about the mortgage crisis - and ran the floor of the U.S. Senate.
Moving to the majority leader's job this year, after all those years as a leader of the minority, has been "the difference between playing first base for the Yankees and playing it for Basic High School."
Democrats are ending this year downtrodden after the high of sweeping into power following the 2006 election. Congressional approval ratings are at historic lows - lower than those of the unpopular president. Though many of their campaign promises became law, much more of the Democratic agenda remains unfulfilled.
Reid repeatedly says he feels good about the work he's done this year. Running the Senate, he says, is not as enjoyable as watching the grandkids play ball, but "it's been a tremendously fascinating, interesting year for me."
Days after the interview in his office, however, he would concede that "I share the frustration" of having Democratic priorities blocked.
Nevada's first majority leader was barely that, with the Senate thinly divided 51-49. Democrats may have come to Washington believing they had a voter mandate for a new direction, but Republicans had a different opinion. With such a slight majority, Reid's chamber became the place where so much of the Democratic agenda came to die.
The leader on the House side, Speaker Nancy Pelosi, began 2007 with a bold 100-hours agenda, crafted without Reid's knowledge or input. Democrats should have known that nothing passes that quickly in the slower-moving Senate. Any momentum gained by the legislative flurry would soon be lost.
Indeed, the bills arrived in the Senate with a thud.
Senate Republicans soon gave Reid a taste of the partisanship he had dished out in the past and blocked every move. Grand plans for a new energy policy, for example, became skeletons of their original intent. More filibusters were conducted this year than ever in Senate history.
President Bush, whose own ratings reached all-time lows, asserted himself in a way unexpected for an executive with so little clout and whose party was out of power. His willingness to wield the veto pen for the first time in his presidency created an incentive and a safety net for Republicans to obstruct the Democratic agenda.
Reid calls Bush the "most stubborn" official he has ever known.
In this environment, the year became one when politics, not policy, seemed to matter most.
Both sides appeared to abandon any attempt at forming consensus and concentrated on laying a foundation for the 2008 elections. Democrats will say they need to win more Senate seats to accomplish their goals; Republicans will say voters should be wary of Democrats running Washington.
Could a leader other than Reid have achieved a better outcome? Why was he unable or unwilling to get Republicans on board? When he couldn't break through the partisan gridlock, should he have tried to be nicer - or meaner?
Thomas E. Mann, a constitutional scholar at the Brookings Institution, was among those reluctant to grade Reid on this year alone. Wait and see how Reid performs in coming years, especially with a new president, Mann said.
"I would say incomplete," he said of this year's performance. "The test of Harry Reid's leadership lies ahead."
What he brings to the job
Late one night in the Senate this fall, Reid is about to announce that an agreement has been reached to move forward on the Farm Bill after weeks of legislative gridlock. Into the chamber walks a farm state Democrat, Sen. Blanche Lincoln of Arkansas. He pulls her aside. The two stand face to face. One of his hands is on her left shoulder, the other is on her right. She nods, telling him thank you.
That kind of personal interaction with every member of his caucus is what Democratic senators love most about Reid.
He is clearly not the most charismatic public face for the party. His first impression on many voters came election night, when the diminutive Reid rambled a soft-spoken speech onstage at the Democrats' victory party.
Rush Limbaugh dismisses him as "Dingy Harry." When Reid's whispery voice breaks through, it's often spitting an arrow that gets him into trouble - calling Bush a "loser" and a "liar," saying the Iraq war "is lost," deriding Republican senators as "puppets" of the White House.
As majority leader, future president Lyndon Johnson towered over his colleagues, physically and emotionally, finding their vulnerable buttons and pushing hard, historians tell us. But as majority leader Reid more resembles Mike Mansfield or Bob Dole, a senator among senators - even if, as Democratic Sen. Chuck Schumer wrote in his book, the former boxer will kneecap anyone who crosses him.
Massachusetts Democratic Sen. Edward Kennedy explained that at the regular Tuesday policy luncheons, when Reid lays out the week's goals for Democratic senators, "people fall in line and support them, because he has done a lot of work prior to that time in listening and giving people an opportunity to be heard."
Kennedy says Reid builds consensus better "than any leader that I can remember in my time."
But even this party unity was no match for the Republicans in the Senate who held together just as tightly, refusing to cave to the Democratic agenda.
Republican Sen. Mel Martinez, the former Republican National Committee chairman who crossed the aisle to try to broker an immigration deal this year, said Reid simply doesn't have enough votes to steamroll the minority.
"We have 49 - if we were a minority of 39 you could do that," Martinez said. "At some point it's going to have to dawn on him that Americans are going to want to see things getting done."
Martinez says Reid is more intent on protecting his members from difficult votes than giving Republicans a chance to shape legislation that could pass.
Only in the final weeks of the session did the backlog of bills pass, as Democrats faced the prospect of ending their first year in legislative gridlock. Everything that arrived on the president's desk was a compromise - energy policy, domestic spending, funding for the Iraq war.
"The way you accomplish things in the Senate is in the middle," said the Republican leader, Sen. Mitch McConnell of Kentucky. McConnell said his strategy was standard business for the Senate: "Either to shape things that we thought were headed in the right direction and there was a possibility of meeting in the middle, or if we thought it was completely inappropriate for the country, to stop it altogether."
Like all strategies, the one Democrats have chosen is a gamble. Voters tell pollsters they are more likely to vote for Democrats than Republicans next year. But will voters stand by Reid if 2008 is branded as a do-nothing year?
When Republicans called Democrats the do-nothing Congress this year, Democrats spat back that Republicans were the Grand Obstruction Party.
Schumer, who heads Senate Democrats' reelection efforts, likes to say Republicans are filibustering themselves out of office.
Democratic senators will fan out to their states in 2008 and say that Democrats stood together for initiatives popular with Americans - ending the war, providing health care for kids, curbing global warming.
"People know what we believe in, what we stand for, they know the Republicans are blocking us and that's OK," Reid said.
He believes his party will pick up at least four seats next year. If so, he would be in striking range of the 60 votes needed to pass legislation.
bondgoli007
01-06 05:06 PM
At the same time read about "Greater Middle East", "Greater Isreal" and "New world Order" , "Unipolar world" etc if you have time.
What would be the purpose of reading all that? I thought the spotlight was on hamas...this is how you try to move the spotlight away huh!!
What would be the purpose of reading all that? I thought the spotlight was on hamas...this is how you try to move the spotlight away huh!!
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