Monday, July 11, 2011

journey to the west 2011

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  • crystal
    07-07 10:18 PM
    related article on murthy for the Inadvertent Unauthorized Employment


    http://www.murthy.com/news/n_hombus.html

    http://www.murthy.com/news/n_nscuna.html

    Actually ..I had even read somewhere in these forums, that 'out of status' etc will be considered since the last entry into the country..

    in your case, if he re entered into the country in 2002, the previous status should not be considered...but we can never argue with the immigration officers,once it gets into their head,they can be the most 'sanki' guys..

    take appt with Rajiv Khanna/Murthy without wasting any minute further..





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  • jvordar
    08-03 12:36 AM
    I refer back to my earlier posting where I said I just read the memos and the law and thought this stuff was pretty simple. USCIS quite often goes above and beyond (tax returns rfe's, pictures of company inside/outside).

    I'll give you some examples of what they have done of which I have intimate knowledge of:

    1) Questioned company on I-140 why they had more 140's pending/approved then the number of people on payroll. Asked for all 140 info., h1, L1 and even the people who got employment base greencard and asked company to justify where they are

    2) Department of state for visa stamping; if they don't trust client letter; they refer the case to department of state fraud unit in Kentucky. They will then contact signer of letter and HR of company to verify that person signed the letter

    3) Department of labor is on a real war path of checking companies compliance with h-1b based on referrals made by department of state. I can tell you that there is no way any company who is h-1b dependent can be 100% compliant with h-1b. Patni got fined $3.5 million for violations.

    4) Department of labor made a home visit to an HR person who was no longer working with the company to ask and verify her signatue on labor applications in a fast processing state when they weren't registered to do business there

    5) Department of labor verifying that people were paid the greencard wage upon greencard approval (this was in conjunction with h-1b investigation). I can tell you that some states have very high eb2 wages and people aren't even close to the labor number; companies do it anyways to keep you happy but do they run that number once you do get the greencard?

    6) h-1b rfe's from california service center. when quota finished in one day; there was some rumors from california service center that they would be treating h-1b transfers/quota cases very harshly in that companies were engaging in speculative employment. These days if you are involved in software and you file an h-1b transfer or even extension with california service center; you have a very good chance of getting a four page rfe. One of the things they have started to ask for is a table of people whom h-1b's have been filed for. Table has to list name, social security number, receipt number, date of birth, joining date, termination date, no show, future joining date. California service center then intertwines this information with company unemployment compensation reports. I have actually seen 3 recent denials where USCIS examined the unemployment compensation reports and looked at people who may have been paid a lower wage and pulled those people's h-1b files and denied the present case saying they can't trust the company to comply with the h-1b, lca.

    ----------------------------------------------------------

    These days; uscis/dol/dos really means business. I refer you to earlier posting of how evertime a company files a case; it gives uscis a chance to go through entire immigration history of a company. They have the resources and tools.

    ok now i'm really confused between AC21 and future employment debate....
    AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx





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  • reddymjm
    08-05 10:42 AM
    I object to your insinuation and gross generalization. It is not your job to ask this question. It upto the law of the land to figure that out and root out dishonesty and deceit.
    I don't know about rolling flood Just FYI I have an MBA from the US ( a top ) university and have been working with various fortune 100 companies. Currently on EAD.

    May be 1% of EB2. Good to know that.





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

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

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

    Please consult a good attorney ASAP.

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


    _____________________
    Not a legal advice.



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  • sledge_hammer
    06-05 04:33 PM
    You are right about #8. I should not have included that under "expense". But going with the spirit of my original post, in the long run, the equity you build (15K/yr) will far out weigh the yearly savings you get by renting.

    >> Savings on tax deductions/yr: $ 4,050 (30% bracket, $13.5K interest)

    This assumption may not be correct. You can take tax deduction for mortgage only if you forego standard deduction. Assuming it is a 3 people household (Mr., Missus and Master) - you would forego the standard deduction of around 10k. So the marginal tax saving would only be around 1k assuming 30% bracket.

    In case you itemize anyway (small business owners typically have to do this) - then your calculation of $4k in net tax saving is correct.

    My calculation would be:

    Situation Own:
    Your expense is
    item# 4 +
    item# 5
    - Corrected item# 9

    Item #8 is NOT a mitigating factor to your monthly expenses. To earn the quity - you have to make the same amount of cash payment - cash which you could have used in any other form of investment.

    So the total would be
    13k + 9k - 1k ~ 20-21k.

    So - in this example - renting would come out quite a bit ahead.

    However, in ValidIV's example buying would be superior to renting.





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  • waitforgc1
    06-05 03:16 PM
    Does anyone know that the closing has to be before November 30th in order to get this 8K tax benefit?

    Thats Correct!



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  • spicy_guy
    07-29 04:20 PM
    I am no supporter of either party. To be fair, the economy could have collapsed without him and most of us could have been back home by now.

    Rightly said. He has had bigger problems to deal with than LEGAL immigration. Even if he wants to think about immigration, its going to be much / all about ILLigal immigrants.

    Because thats what Americans want to fix first.





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  • JunRN
    09-26 02:09 PM
    OBAMA is for lesser H1B but more EB GC. He prefers workers who are entering the US to have intention to stay permanently than temporarily because it helps the economy.

    That's the wisdom of Durbin amendment. Lesser H1B because you will get GC instead.



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  • xyzgc
    12-30 12:25 AM
    at the risk of adding to this "no longer relevant" thread - there is a huge difference between US and India gaining independence.....in case of the former - it was some Britishers now settled in America fighting other Britishers (loyalists to the throne) for autonomy and independence......

    India was perhaps the first successful example of natives gaining independence from a colonial European power....

    also - to brush up on some more history - India was not occupied in 1600 - actually East India Company was established in that year.....the real establishment and consolidation of territorial control happened between two historical events (Battle of Plassey in 1757 and Sepoy Mutiny in 1857).....if we consider the 1757 date as start of colonization in true earnest - then India was independent in 190 years (1947 - 1757) against your calculation of 189 years for USA (as per your post - 1789-1600) - so not bad for a mostly non-violent struggle :-)

    Also - one of the reasons Atlee thought it was too expensive to maintain colonies was because of all the Quit India and Civil Disobedience type regular movements -these movements took much political and military bandwidth that Britain simply did not have after the war.....if maitaining a colony was easy sailing - i doubt Britain would have given it up easily and we have to credit the non-violent movements for helping India becoming a pain in the neck for Britain......

    The British colonized the world using advanced weaponry, superior discipline, organized chain of commands within the forces, isolationist tactics, ground battle strategies and naval warfare.

    They came in as East India company traders, fought several battles and eventually defeated several Indian Kings to establish themselves as colonial masters.

    It is, therefore, naive to say that wars are won without firing a bullet.
    If non-violence could stop wars, India would not been colonized by the imperialists to begin with.

    Had Indians had gone up in united and organized arms revolt against the British, the British would not have lasted five years in India.





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  • Macaca
    02-13 09:42 AM
    Lobbying and Legislation: Enacting Better Laws (http://www.policylink.org/AdvocatingForChange/Lobbying/Legislators.html) (courtesy krishna.ahd)

    After you lay the foundation for your legislative efforts and assess the political landscape, your goal is to convince legislators to accept your position. Some activities, such as proposing legislation or amendments, meeting with legislators and their staff, and testifying at hearings, occur inside the halls of the legislature; other actions, such as letter writing, public demonstrations, and working with the media, are initiated outside the legislature to build public pressure and urge legislators to come over to your side. Always coordinate your actions inside and outside of the legislature to make sure you are consistent and achieve maximum effect.

    Write letters, send faxes and e-mails, and phone legislators. Letters are definitely worth the time. Legislators know that each letter they receive represents several additional constituents who feel the same way but have not taken the time to write. That�s why, in addition to writing your own letter, you should get your partners and allies to write letters as well.

    Be clear and concise. Keep your letter to one page, at most two, and address only one issue per letter, if possible. Clearly identify the bill you are writing about and the position you are urging (vote yes or no). Make two or three of your strongest arguments for or against the proposed legislation. Remember: Legislators receive many letters on many different issues; your letter should be easy to read and understand if you want any chance of grabbing their attention.
    Identify yourself and your constituency. Say something about who you are and whom you represent; you want the legislator to understand that you are someone she or he should listen to. Give an example of a personal story�preferably from the legislator�s district�that shows how the bill affects real people and that the problem is not just an isolated incident. Legislators hear about what�s good and bad policy all the time; real-life experiences grab their attention.
    Avoid using form letters whenever possible. Avoid them altogether if you cannot deliver extraordinary volume. Personal individually signed letters are far more effective. When you are soliciting letters from partners and allies, provide a sample with a request that they use it as a guide to writing a letter in their own words.
    While letters tend to be most effective, you can also fax, phone, and e-mail your legislators. Usually, you use e-mails, faxes and phone calls right before a bill is coming up for a vote to remind legislators of the importance of their vote to you. If you are planning to organize a fax, phone, or e-mail chain, in which your partners and allies ask their constituents and supporters to take action, be sure to provide the contact information for the appropriate representative because the most effective contacts are those that come from legislators� own constituents. For more on e-mail advocacy see the Internet Advocacy section.

    Meet with legislators. Face-to-face contact with legislators is key to humanizing the problem, demonstrating a commitment to solving it, and developing relationships for the long haul.

    Organize a small, diverse group of participants, perhaps three to five people. Make sure at least some of them reside in the legislator�s district.
    Select your best spokespersons and message. Choose someone who will appeal to the legislators you are trying to persuade.
    Decide ahead of time how you will conduct the meeting. Who will introduce the participants? Lead the meeting? Close the meeting? What materials will you take to leave with the legislator at the end of the meeting?
    Get to know legislators� staff. Legislators often rely heavily on the advice of key staff members. It is important to establish a good relationship with these staff members, make sure they have adequate information about your legislation, and try to learn from them any concerns you may need to address to keep your legislation moving forward. The staff will be your main point of contact if a legislator is unavailable or inaccessible.
    For more tips on meeting with legislators, such as scheduling, preparing for, conducting, and following up after the meeting, see Tips on Meeting with Your Elected Officials (http://archive.aclu.org/action/lobby.html), and �Six Practical Tips on How to Lobby Your Legislator or Elected Official (http://www.democracyctr.org/resources/lobbying.html)� in Lobbying�the Basics.

    Testify at hearings. This is not one of those times when you can wing it! Always be prepared before you give testimony on pending legislation.

    Get a rough vote count of how legislators are likely to vote before you attend the hearing and try to find out about outstanding issues and concerns. Having this information will help you choose the best witnesses, know what points you need to emphasize in your testimony, and consider amendments you may need to offer or agree to.
    Choose witnesses who will be credible and effective. Put together a combination of people directly affected by the legislation, experts, and individuals and organizations that represent legislators� constituents.
    Write out your testimony in advance so that it is clear, concise, and persuasive. Include personal stories whenever possible to show how the issue affects real people. Prepare a summary of your testimony for distribution at the hearing to legislators, the media, and other attendees. Anticipate questions legislators might ask and plan how to respond.
    Pack the legislative chambers with supporters and call the media. Wear buttons, T-shirts, or other identifying items to show legislators and the media the strength and presence of your support in the hearing room.
    Have legislators who support your cause ask your opponents tough questions and make supportive statements on your behalf. You could offer to draft a list of questions or key points that you would like them to cover. Discuss in advance amendments that may be offered and the bottom line for any compromises.

    Staging public protests or other public events. Consider organizing an event that energizes and mobilizes large numbers of supporters and captures legislators��and media�attention.

    Public protests can sometimes turn up the heat on lawmakers to vote your way or at least think twice about siding with the opposition.
    Holding a Lobby Day is an opportunity to mobilize large numbers of people to meet with multiple legislators in one day to show your legislative power and gain media attention. The day usually begins with training in lobbying skills and a teach-in on your issues, followed perhaps by a rally and news interviews, a couple of hours of meetings with legislators, and an end-of-day debriefing session for supporters.

    Ignite Public Scrutiny. Elected officials care about their public image. They want to be portrayed favorably in the news. Develop a media strategy around your legislation that includes news conferences, letters to the editor, writing opinion editorials, or other media strategies that will put your issue in the public eye, maintain public scrutiny throughout the legislative process, provide a vehicle for keeping pressure on elected officials, turn up the heat on those who are against you, and applaud those who stick with you. For more tips on developing a media strategy see the Media Advocacy section.
    Be persistent. Lobbying campaigns rarely come to a definitive end.

    If your proposed legislation is defeated, there is frequently another opportunity to reintroduce it. Don�t be discouraged. Often it takes several tries to pass a measure, especially one that seeks to bring about an important change.
    If you win, do not get complacent. Monitor implementation and make sure your legislation is fully funded. Look out for opposition attempts to undo or diminish your victory by trying to repeal your legislation, filing litigation to overturn it, or seeking regulations to significantly weaken its implementation.



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  • bobzibub
    01-07 07:43 PM
    Blaming any religion on terrorism is inappropriate, inflammatory, and just plain irresponsible.
    Here's some proof for you:

    MI5 report challenges views on terrorism in Britain (http://www.guardian.co.uk/uk/2008/aug/20/uksecurity.terrorism1?gusrc=rss&feed=networkfront)


    • Far from being religious zealots, a large number of those involved in terrorism do not practise their faith regularly. Many lack religious literacy and could actually be regarded as religious novices. Very few have been brought up in strongly religious households, and there is a higher than average proportion of converts. Some are involved in drug-taking, drinking alcohol and visiting prostitutes. MI5 says there is evidence that a well-established religious identity actually protects against violent radicalisation.

    And I'll give you a couple specific examples :

    Al-Fakhoura School Bombed, 42 Killed, Including Children; 13,000 Homeless; Water, Medicine in Short Supply (http://www.juancole.com/2009/01/al-fakhoura-school-bombed-42-killed.html)

    Muhammad Atta was radicalized by watching the gruesome results of that attack and he was a 9/11 hijacker. (He flew one of the planes.) That attack happened to be Israel bombing a school in 1986.

    Torture trail to September 11 : A two-part investigation into state brutality opens with a look at how the violent interrogation of Islamist extremists hardened their views, helped to create al-Qaida and now, more than ever, is fuelling fundamentalist hatred (http://www.guardian.co.uk/world/2003/jan/24/alqaida.terrorism1)

    Dr Ayman al-Zawahiri, for example was tortured in Egypt. He was Al Q's number 2 and known as the "brains" behind the 9/11 attacks. He was a successful doctor.

    It is not religion that makes people willing to blow up themselves and kill others. It is perceived oppression against one's people. If you look closely enough, you will find it.

    Blaming religious beliefs on terrorism is sloppy thinking that:

    inflames people
    justifies further violence
    divides people
    creates more terrorism


    The IRA, Shining Path, the Basques, and yes, Al Q, all have one thing in common: their political aspirations for their people to be freed from what they see as oppression. The Irish Catholics weren't allowed good jobs. Peruvian Marxists were unhappy with their government. The Basques were mistreated by Franco. Many Middle Easterners want the right to form their own governments, which we in the west actively prevent by supporting dictatorships.

    Invariably, when people blame religion for some injustice, there is a political or economic reason behind it. The Crusades, for example, were not about converting people, but about wealth, power and what they saw as "glory".

    Please stop with the religious scape goating, bigotry and hatred. It leads nowhere but down.





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  • abracadabra102
    08-29 10:02 AM
    This is hilarious........


    http://odeo.com/episodes/7076453

    LOL. That guy is an !@# *&^%



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  • nixstor
    11-15 12:25 PM
    This guy needs to go. He is a total joke. Where does he put his $$ in? Every one knows he owns stock of most companies that has outsourced jobs to India/other countries. I am sure he has his money everywhere in Cisco/Msoft whom he bashes along with Kim B. Check this page who want to see him go. There are lot of legal immigration folks who are there.

    http://www.bluelatinos.org/firelou

    Should we be talking to FOX news to get them do a program on how he changes his stand? How many times he brings only one side of the story?





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  • chanduv23
    03-24 02:58 PM
    I am not so sure....OP might have followed the law to the letter but what if one of his employers did not ? As UN is repeatedly pointing out (with his CSC I140 example), OP has to contact a good attorney before replying to the request lest his app will be in peril as the contracts will suggest that the position is temporary. Being naive and hoping for the best without considering all the options by OP in my view is fraught with risks. Anyways, good luck to him.

    Agreed - OP needs a good lawyer now.



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  • desi3933
    08-05 10:53 AM
    Why should they?

    So, you don't believe in helping others.





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  • kaisersose
    04-14 12:00 PM
    No body can predict how much it is going down exactly. But you can predict it is going down considerably.
    My point is that the house price is out of whack with income. I don't see the logic in why it would not go down. The whole mess is started because people started looking at houses as investment. Buying now and seeing the housing value drop won't be fun.
    Whether you sell your house or not, it matters when you buy. You don't buy at the top of the bubble.

    It is not going down everywhere...I am in a location where people are buying houses like mad and the prices are actually better than last year.

    And yet, some people in my location are thinking about nothing but resale. They are not able to see a home as anything other than an investment and I am referring to such people in my earlier post.



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  • gc_chahiye
    08-03 02:05 PM
    ... going from consulting companies to "permanent jobs"; .... all of these things add a lot of complexities.

    huh? another shocker (atleast for me): what is the issue with using AC21 to go from a consulting job to a permanent one? As long as title and duties say the same. If I am consulting at a client site, cant I use AC21 to join them fulltime 6 months down the line? My duties etc remain exactly the same.





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  • Macaca
    12-20 08:01 AM
    Congress's Mixed Results (http://www.washingtonpost.com/wp-dyn/content/article/2007/12/19/AR2007121902030.html) Democratic promises meet legislative reality, Dec 20, 2007

    FOR CONGRESSIONAL Democrats, the first session of the 110th Congress offered a sobering lesson in the practical limits of majority control. Democrats delivered part of what they had promised to the voters who returned them to power last November and recorded some significant achievements. But more often, Democrats found their legislative plans stymied -- first by Senate Republicans' willingness to filibuster any proposal with which they disagreed, then by the president's newfound zeal to exercise his veto power. The scorecard, in the end, is disappointingly mixed. Still, Democrats are more to blame for overpromising than for failing to deliver; their triumphant promises of January were never realistic. Given the slenderest of Senate majorities and the willingness of the minority to wield the filibuster with unprecedented frequency, Democrats' maneuvering room was dramatically limited.

    On the plus side of the legislative ledger, President Bush signed an energy bill yesterday that will raise fuel economy standards for cars and light trucks for the first time in 32 years, to an average of 35 miles per gallon by 2020. That is a significant achievement, albeit one that could have been even greater had Republicans not blocked efforts to include new requirements for boosting use of renewable sources of energy and to eliminate tax breaks for oil companies.

    Likewise, Democrats were able to secure the first increase in the minimum wage in nine years and the largest expansion of college aid since the GI bill, cutting interest rates on subsidized student loans and increasing the maximum Pell grant. They passed an important lobbying and ethics reform bill that will shine light on the bundles of campaign cash delivered by registered lobbyists and clamped down on lawmakers' ability to accept meals, travel and entertainment from lobbyists and those who employ them.

    The keenest Democratic disappointment -- failing to force the president to rapidly withdraw U.S. troops from Iraq -- is no disappointment to us. Although unhappiness with the war in Iraq helped propel Democrats to victory, in the end President Bush was able to secure continuing funding for the war with no strings attached. Of far more concern: Democrats could not overcome presidential vetoes of bills providing for federal funding of embryonic stem cell research or expanding the State Children's Health Insurance Program. The children's health issue deserves another try next year; the extension that Congress adopted jeopardizes existing coverage for some children and makes it difficult for states to move forward with planned expansions of coverage.

    Democrats spent much of the session congratulating themselves, appropriately so, for reinstating pay-as-you-go rules requiring tax cuts or increases in mandatory spending to be paid for with offsetting tax increases or spending cuts.

    In the end, however, Democrats capitulated to a Republican refusal to pay for the $50 billion, one-year patch applied to the alternative minimum tax. The budget process was nearly as unattractive as ever, with a host of overdue spending bills wrapped into a giant package passed in the final hours of the session.

    Of most concern are the serious issues that remain unaddressed -- and that aren't likely to be taken up next year, either. An overhaul of the nation's failed immigration policy fell victim to ugly politics, despite the support of the president. Entitlement reform -- in particular a response to the looming Social Security shortfall -- never got off the ground, the victim of distrust and intransigence on both sides. Prospects next year for reauthorizing the president's signature education program, No Child Left Behind, look dim.

    The year before a presidential election is rarely a fertile moment for lawmaking; the poisonous level of partisanship in both houses makes that even more unlikely. Republicans seem to have concluded that their electoral hopes lie in blocking Democrats from ringing up any achievements. For their part, House Democrats have conveniently forgotten their pledges to treat the minority with more fairness than they were accorded when Republicans had control.

    Yet the new year will dawn with issues of enormous importance on the congressional agenda. In addition to those mentioned above, we would note the worthwhile proposal by Sens. Joseph I. Lieberman (I-Conn.) and John W. Warner (R-Va.) to adopt a cap-and-trade system for greenhouse gas emissions. Lawmakers and the president can continue to bicker and elbow for advantage until the next election rolls around -- or they can gamble that they have more to gain with a disgusted electorate by cooperating and getting something done.





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  • Macaca
    07-08 09:29 AM
    googled it and found the link..it might be helpful to many folks..

    http://www.ilw.com/seminars/august2002_citation2b.pdf
    This ia an Aug 2001 report. Hope it is current!

    Is it authentic if written by lawyers? Thanks





    Refugee_New
    01-06 02:32 PM
    Yes, they definitely have...Hamas should stop using school kids as human shield before complaining. Heres link for you - http://www.youtube.com/watch?v=elyXQ6g-TJs

    Gaza is a small town where more than 1.5 million people live there. Hamas is part and parcel of Gaza because they are elected by palestinian people and wherever they go, its full of people. Its a small land with crowded people. Gaza is like a crowded market.

    Again you are trying to justify the killing of innocent school kids and civilian. This is a big LIE constantly told by media to cover up the massacre. This is part of their divide and rule strategy. This Lie is something similar to WMD claim.

    Do you think Indian police will bomb the crowded street in order to kill a theif, then blame the theif that he is hiding behind civilian?





    lfwf
    08-06 04:19 PM
    If you go strictly by that, then allocating unused EB1 visa numbers to EB2 is also wrong. EB1 visas are meant for an entirely different skill set and job.

    EB2 guys and EB3 guys are at a disadvantage depending on which way you look at it. I guess capturing previous years� unused visa numbers is the only way to go then�

    no those are unused numbers and are "physcially ported" to Eb2 before they can be used, and then to Eb3. the applicant does not jump to the higher category!!!



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