среда, 29 июня 2011 г.

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  • dealsnet
    01-08 03:05 PM
    You think about using brain by them?? You kidding???
    Blind following the blind.

    What did they invent in this world.?
    May be using kids as suicide bombers.
    You may remember first attempt for Benezer's life by giving a 3 month old child covered with bombs, and it explode before she touched the child??


    All the religeous books were written based on contemporary circumstances. I have a friend named Mansuri, mentioned to me once why muslims don't eat turtles:

    "Few animals with hard shell were not hygenic or dangerous like crocodile. It was difficult to explain each animal separately to common people. So Mohammad advised that animals with hard shell should not be eaten. "

    Another one told by my friend Maqsood:

    "There were lots of cabella wars going on at the time of Mohammad. The prophet allowed to have more than one wives so that those ladies don't go on wrong route like prostitution. "


    Above examples seem acceptable over that time. At today they are not relevant anymore. Some people still want to follow the same words spoken 1300 years before literally without applying a slightest brain. They are abused and misguided by some selfish Mullahs who have their own agenda in life.

    Rather than abusing entire community, need to educate "spoiled kids" how they are misguided in current time. Unfortunately percentage of "spoiled kids" are very high as I mentioned in one of posts before.




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  • VivekAhuja
    06-23 12:23 PM
    If you are buying a house as an investment ONLY, then do NOT buy a house on this planet (not just USA). If you are sensible enough, buy a house to LIVE IN. Buy something you like, not something just to sell and make money.
    If you begin to think like this, you will come to a simple conclusion - if my family & I like a particular house in a particular neighbourhood and I can afford it, I will buy it NOW!!

    Everything else you hear in the media and on IV is hogwash - ignore it!!




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  • ShantiRam
    07-11 09:12 PM
    My employer back in 2001 and 2002 did not pay me in a consistent way..I was paid once in every three months during the time I was in bench. I have the W2 returns from those two years which shows average income of only 29K. However I had valid visa status and h1b approval from my employer as well as employment verification letter from them. Now i am with a new employer since 2003 and do not have any problems with them and get paid regurarly. After reading manub's post I am also worried if my I485 will be denied whenever I apply for it... or is there somethings I can take care of before? It is not my fault that the employer did not pay me consistently - right?

    Anyone - united nations - please advice.




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  • Macaca
    05-01 05:49 PM
    The New Virtual Political System (http://www.cfr.org/china/china-new-virtual-political-system/p24805) By Elizabeth C. Economy and Jared Mondschein | Council on Foreign Relations

    As uprisings spread throughout the Middle East during the early months of 2011, a small band of Chinese citizens and expatriates began to call for their own Jasmine Revolution. Like their African and Middle Eastern counterparts, these activists used the Internet to urge people to gather in support of political change. However, unlike in Tunisia, Egypt, or Libya, security forces in China quickly locked down the proposed demonstration sites and arrested anyone thought to be a potential source of unrest. The demonstrations proved ephemeral, with many more police than protesters. It was a massive deployment of China�s public security forces that signaled not only the power of the country�s security apparatus but also the enormous insecurity of the country�s leaders and their concern about the organizing power of the Internet.

    While the Internet may not have produced a revolution in China�s political system, it most certainly is producing an evolution. The Internet has become a virtual political system, providing an almost unprecedented level of transparency, rule of law, and official accountability. With over 450 million Chinese Internet users�and the number is increasing daily�information crosses gender, age, professional, and provincial boundaries in ways that Beijing often considers threatening. News of government corruption and cover-ups go viral in a matter of minutes, forcing the government to think quickly and flexibly and react decisively�not traditionally strengths of China�s political system.

    Netizens Demand Change

    What do the Chinese people want? Nothing unusual. They want their concerns heard and addressed. Chinese nationalists, for example, often rally support for their causes via the Internet. Anti-Japanese sentiment, in particular, has been a recurring theme among online Chinese nationalists. Periodically, Chinese nationalists have taken to the Internet and the street�often in very large numbers�to protest historical inaccuracies in Japanese textbooks and to call for retribution. Nationalists have also initiated anti-Japanese protests after recent territorial disputes in the South China Sea, perhaps encouraging the government to adopt a tougher stance in its negotiations with Japan.

    Yet online activism in China is the domain not only of the nationalist but also of the political reformer. Much of what transpires on the Web in China is bringing transparency to the political system. In late 2010, Chinese netizens contradicted official reports by covering a significant environmental disaster in Jilin province, where thousands of barrels of pollutants were dumped into a water source by a local chemical plant. In the ten days that it took Chinese officials to admit to the disaster, thousands of citizens were informed of the cover-up via the Internet. They responded by purchasing a massive amount of bottled water and angrily denouncing the government�s inaction. It was only after citizens refused to believe the official stories that the government finally acknowledged the disaster and handed out free bottles of water to those in the afflicted areas. Similarly, a year earlier in Guangzhou, online transparency had caused a reversal in local government policy. Middle-class-led protests over a planned incinerator were picked up by young online netizens, who then spread the news through social media websites. Even though the activists, themselves, were not affected by the plans, they wanted the word to get out. Once enough citizens became involved, the government agreed to halt the project until a full environmental assessment was completed.1

    The Internet has also become a means of holding officials accountable. In a now-famous case, in October 2010, Li Qiming, the son of a local deputy police chief. Li Gang, ran over two Hebei University students in his car while drunk�fatally injuring one and breaking the other�s leg. As he tried to escape the scene, he yelled out, �Sue me if you dare. My father is Li Gang!� Communist officials attempted to suppress information about the event but failed, as netizens from all over the country latched onto Li Qiming�s threat. Despite official reports alleging that the victim�s families were content with the government�s handling of the situation and with public apologies from both father and son, the online activists demanded (and got) more: Li Qiming was sentenced to six years in prison, his family was forced to pay over $70,000 to the families of the two students, and much of China�s online population has adopted the phrase �My father is Li Gang� as a shorthand for the widely held belief that the powerful and politically connected do not have to face the consequences of their actions.

    In this way, online activism can also promote a form of the rule of law�albeit one that often resembles vigilante justice. During the summer of 2010, for example, Chinese reporter Qiu Ziming was forced into hiding after police placed him on a wanted list for writing critical stories about a local business. Qiu took his case to his blog, and a poll on Chinese website Sina.com recorded that of the more than thirty thousand people polled, 86 percent opposed the police pursuit of Qiu.2 Bowing to public pressure, the government rescinded the order of arrest and ordered the police to apologize to the reporter.

    Microblogs such as Twitter and Weibo, despite being heavily censored or even blocked, have become particularly politicized Internet venues, especially among middle-class urban youth. According to the popular netizen Michael Anti, microblogs are the most important political organizing force in China today. Anti notes that through Twitter, over 1.4 million yuan were raised for the Open Constitution Initiative (Gongmeng), an NGO of rights defense lawyers. He also points to the uncensored discussion held between the Dalai Lama and Chinese citizens in May 2010 as an example of the political influence that Twitter can exert. According to Anti, the people who participated stopped referring to the Dalai Lama as Dalai and now call him by the more respectful Dalai Lama.3 With over 120 million microblogs in China, censors haven�t yet discovered a viable long-term response and are generally reduced to attempting stop-gap measures to block certain news from going viral.4

    The Party�s Response: Nailing Tofu to the Wall

    Despite the inherent challenge of �trying to nail Jell-O to the wall,� as former president Bill Clinton once characterized China�s attempts to regulate cyberspace, China�s leaders are committed to controlling this evolving virtual political system. While they see the advantage of the Internet as a medium for better understanding the views of the Chinese people, their overwhelming objective is to prevent the Internet from contributing to a broad-based call for political change. To this end, Beijing has deployed both Internet police to monitor traffic and insert government opinion and the full range of technical solutions to shut down websites or blogs that the party views as particularly destabilizing.

    Beijing has also sought to use the Internet to engage with the populace as a transmission vehicle from the party to the people. In what is now commonly referred to as �AstroTurf advocacy,� Internet police often add favorable opinions of the government to various social media websites under the guise of grassroots support by anonymous citizens. The party has also had its top leaders participate in Internet chats in a bid to show its engagement with the growing online community. Both President Hu Jintao and Premier Wen Jiabao have engaged in online chats, with the latter receiving almost ninety thousand questions from a massive online audience in only two hours. However, efforts to make such Internet engagement a permanent feature of Beijing�s interaction with the Chinese people have faltered in the face of often politically sensitive questions from the Internet public.

    For China�s leaders, who are already confronting over one hundred thousand protests annually,5 the Internet adds another layer of uncertainty in their bid to manage an increasingly restive society. While Beijing haltingly pushes greater transparency, the rule of law, and official accountability within the political system, the Internet forces it upon them. In the end, political evolution via the Internet may produce its own form of system revolution.

    Malcolm Moore, �China�s middle-class rise up in environmental protest,� Daily Telegraph, November 23, 2009.
    �Public outcry forces Chinese police to revoke arrest warrant on journalist,� Times of India, July 31, 2010.
    Elizabeth C. Economy, �Nobel Peace Laureate Liu Xiaobo and the Future of Political Reform in China,� testimony before the Congressional-Executive Commission on China, November 9, 2010.
    Keith B. Richburg, �In China, microblogging sites become free-speech platform,� Washington Post, March 27, 2011.
    Murray Scot Tanner, �Unrest in China and the Chinese State�s Institutional Responses,� testimony before the U.S.-China Economic and Security Review Commission, February 25, 2011.



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  • hiralal
    06-21 07:06 PM
    Unseen guy ..Thanks for the reply.
    In that case it is another reason to stay away from immovable assets ..I guess if we are ever in such a situation and try to plead with them (USCIS), then they will just say ..well you should have known that you are on "TEMPORARY STATUS" before you bought a house.
    (just as they said, H4 people should have known what they are getting in to ....when told qualified H4 people cannot work) !!!




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  • gc4me
    12-18 02:10 PM
    BTW, who is Antulay? I googled but no clue.


    True. No doubt this needs investigation. But Antulay's intentions were horrible.



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  • 485Mbe4001
    09-29 06:22 PM
    So you are ok with "colateral damage" to your GC ? I have never seen a school force creationism on a child, as for reading its the same everywhere (i remember in india my catholic shool was at pains to teach us that Ramayan was a legend...i didnt change my religion because of that). How many wars were fought during regans adminstration? Do you remember the tax rate during the Carter years? people were shelling out 17% on home loans while banks were paying 13% interest on their CD's. Media driven pontification is ok as long as you can substantiate them with valid reasoning. (Clinton years were good for us but some say that it laid the foundation for the dot com crisis, which lead to easy credit and so on)


    I have been here since 1997. An Obama win may just restore my faith (which was severely damaged after Bush relection) in the average intelligence of a voter.

    I know that chances of passing of a bill favorable to skilled immigrants are greater with Republicans, but there are other issues far more important to me. For e.g. with a Republican win, the chances of "collateral damage" (deaths of innocent abroad) increase tremendously. I do not want that to be funded through my tax money. Neither do i want my child to read about "creationism" in school (despite paying for all that private school fees!). These issues are more important to me than tax cuts or getting a green card sooner. just my two thoughts...




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  • vdlrao
    07-14 11:02 AM
    EB2 dates may be unavailable/ dont move. But it is just for a very short span of time. And after that EB2 dates start moving quickly again. I presume by 2009 october, the EB2 India PD will close to 2008. Any retrogression, if there is, in EB2 will be very mild from now on because of the spillovers.

    Regarding EB3: Every year there had been about 100k approvals in EB3 category, out of around 160K(even though there are 140k visas, there have been approving more because they are using unused family visa numbers) approvals in Employment Based Category. This is because of vertical fall outs of visa numbers. Now they have changed the scenario to horizontal fall outs (spreading across at the same category level( ex. EB2) irrespective of country of chargeability.). So this time it would be around 100K approvals in EB2 category.

    Let us make as much noice as we could because of EB3 retrogression. That doesnt effect EB2 movement. But may make it possible visa numbers increase for EB category by legislation. So we have to support this agitation made by our EB3 friends.


    I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.


    This EB2 movement of 2 and half years is just a first step by DOS.



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  • punjabi
    08-05 02:00 PM
    A farmer walked into an attorney's office wanting to file for a divorce.
    The attorney asked, "May I help you?" The farmer said, "Yea, I want to get one of those day-vorces." The attorney said, "Well do you have any grounds?"
    The farmer said, "Yea, I got about 140 acres."
    The attorney said, No, you don't understand, do you have a case?"
    The farmer said, "No, I don't have a Case, but I have a John Deere."
    The attorney said, "No you don't understand, I mean do you have a rudge?"
    The farmer said, "Yea I got a grudge, that's where I park my John Deere."
    The attorney said, "No sir, I mean do you have a suit?"
    The farmer said, "Yes sir, I got a suit. I wear it to church on Sundays."
    The exasperated attorney said, "Well sir, does your wife beat you up or anything?"
    The farmer said, "No sir, we both get up about 4:30."
    Finally, the attorney says, "Okay, let me put it this way. WHY DO YOU WANT A DIVORCE?"
    And the farmer says, "Well, I can never have a meaningful conversation with her!"




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  • checklaw
    10-02 01:10 PM
    he for now atleast, seems slightly different then regular politicians that we know of...and considering the consequences of present financial crisis would most likely be the next President coming Nov..

    but to us, the prospective permanent immigrants, this comes with a measure of fear knowing he might listen and act only to staunch anti-legal-immigration policy advisors in his rank who seem to wield substantial influence on such matters.
    checklaw



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  • dontcareanymore
    08-05 02:33 PM
    Friend,

    Your questions are valid and great arguments.
    Do i care to answer them all, no. But since we are talking and not fighting, yes i will take some time to provide my input.
    Thankyou for asking my input nicely, i like to belong to a group of educated and people who wear a head on their shoulders.

    Now a days its in fashion to go to school and call oneself educated, which to me this is as absurd as buying a piano and calling one self musician. This is my version of an old saying (trying a little bit).

    Again thanks for your politeness, and showing brotherhood.

    Here is my input.


    you asked - You can't generalize everything. Do you care to show how this is as bad as labor substitution ?


    My 2 cents:
    It was bad because many people were selling labor certificates. I know people who bought them for 10K, and got in green card line and well ahead in line than me and probably you ( we both are on the group today).

    you said: How about Comparing job duties of all EB2s and EB3s
    My 2 cents: why, what will this give you , other than some unrest and one more fight/arguments.

    you said: Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).

    My 2 cents: Yes i agree. This lawsuit idea is also to stop unjust practice, with good intentions and not all.

    you said: Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.
    My 2 cents:
    you are right there are cases where porting makes sense, but you cant claim the same on all cases. There are cases where this practice is unjust and breaking the line.
    Why do peole always port in favor of date/time to get faster green card. If porting is so justified ( job duties) how come no one ports to a category that is too late than one they are in.


    Most importantly, you cant push people around, just be nice to people. Please.

    I stand with you in this fight, but remember you stand with me too, and we stand together
    to make a point for all.

    Sorry , you can't hide your passive aggressiveness :)
    AS I mentioned on other occasions this whole process is screwed up. it gets you worked up when some one compares this (PD recapture) to labor selling. IT IS NOT.

    To answer what does one get by comparing the job duties : It gives a lot. It gives EB2 classification only to those who deserve it. I wish the rules are much stricter.So that those who can claim they are EB2 are really entitled to be EB2.

    There is so much dirty laundry and not good to bring that in public. But if this law suite goes , it does not take very long to show how genuine some EB2s are.




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  • shuyaib
    12-23 05:00 PM
    Granted there are loose canons in every community, yet some evils are encouraged by doctrine in religion such as below:

    http://living.oneindia.in/kamasutra/spheres-of-life/religious-prostitution-partii.html

    .. and simply you are down in mud pool doesnt mean whole world is like you!



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  • chintu25
    08-08 06:42 PM
    Thank God It's Friday


    A business man got on an elevator in a building. When he entered the elevator, there was a blonde already inside and she greeted him by saying, "T-G-I-F" (letters only).

    He smiled at her and replied, "S-H-I-T" (letters only)."

    She looked at him, puzzled, and said, "T-G-I-F" again.

    He acknowledged her remark again by answering, "S-H-I-T."

    The blond was trying to be friendly, so she smiled her biggest smile and said as sweetly as possibly "T-G-I-F" another time.

    The man smiled back to her and once again replied with a quizzical expression, "S-H-I-T."

    The blond finally decided to explain things, and this time she said, "T-G-I-F, Thank Goodness It's Friday, get it?"

    The man answered, "Sorry, Honey, It's Thursday."

    :D




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  • mbawa2574
    01-09 12:35 PM
    If a Muslim attacks you and if you cry, then YOU are a problem maker. You will be considered to be anti-muslim. This has been going on in many countries including India/pretty much all Western countries etc. Our admins are also following the same strategy. Buddy, please get used it.

    They are defending their territory from rocket attacks by so called Palestine freedom fighters a.k.a terrorists. Israel gave them enough notice before kicking off these raids. Islamic Fantics drive UN of today and they become victims after killing non-muslims.

    India should have done this with Pakistan after 26/11 but we failed the opportunity. India should buy into nuclear missile defense system and start planning this type of air raids to take pakis to stoneage.

    Go Israel Go !!!!!



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  • sledge_hammer
    06-05 11:12 AM
    Reading the article I take it that the writer is only concerned about the profitability of buying a house in the current situation. He's not of the opinion that buying a house is bad investment, ever! But a good investor does not try to time the market; it is, in my opinion, even if you tried, an art and not a science. So now maybe the best time to buy actually!

    But I have also seen many ignorant, anti-capitalist, anti-government, conspiracy theorist freaks out there, blogging from their basement, and writing articles suggesting that the government is somehow brain washing the public into buy a house so that they'll become the government’s slaves for the rest of their lives. These guys have actually never ever made any real money. They come up with short sighted calculations to prove that renting for life is better than owning a home. In my opinion no one should be listening to these people. I have yet to hear from a successful investor, or a businessman, or anyone that has what you may call reasonable wealth, saying that real estate is bad in the long run. I would take these people's advice any day because they have the money to show for their sound investment strategies, one of them being investment in a house, or a piece of real estate.

    We as immigrants who are not sure of where we'll be in the next 5 years may want to consider the fact before investing in a house. But anyone else that has no such worries would be foolish not to buy a house thinking it is a doomed investment.




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  • gc_on_demand
    09-26 12:41 PM
    My friends also live in the UK. I have a few friends and relatives who work in the health care system. UK health case is pretty bad. The situation is similar to Govt. hospitals in India. You don't have to pay, but you have to wait a lot to see the doctor and to receive care.

    My boss was canadian and he told me same story for canada. I think Health care is same where British ruled in past.. LOL !!



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  • greenguru
    04-08 02:17 AM
    I was discussing the same with a friend of mine...

    what will be done next is ...

    Have 49 employees and start a sister concern ( New firm ) after that ..




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  • Macaca
    02-17 02:35 PM
    American Immigration Control Foundation (AICF (http://www.aicfoundation.com/))
    Americans for Legal Immigration - ALIPAC (http://www.alipac.us/)
    American Patrol/Voice of Citizens Together (http://www.americanpatrol.com)
    California Coalition for Immigration Reform (http://www.ccir.net/)
    Californians for Population Stabilization (http://www.cap-s.org/main.html)
    Center for Immigration Studies (CIS (http://www.cis.org/))
    Colorado Alliance for Immigration Reform (CAIR (http://www.cairco.org/))
    Federation for American Immigration Reform (FAIR (http://www.fairus.org/site/PageServer))
    The Heritage Foundation (http://www.heritage.org/)
    Minutemen (http://www.minutemanproject.com/)
    NumbersUSA (http://www.numbersusa.com/index)
    Population-Environment Balance (http://www.balance.org/)
    Pro English (http://rightweb.irc-online.org/profile/1533)
    Programmer's Guild (http://www.programmersguild.org/)
    ProjectUSA (http://www.projectusa.org/)
    The Social Contract Press (http://rightweb.irc-online.org/profile/1539)
    U.S. English (http://www.us-english.org/inc/)
    U.S. Inc.

    Hate Groups (http://www.splcenter.org/intel/map/hate.jsp)
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    These organizations do not disclose the contributions made to them and the management of these contributions.
    Most of these organizations have full time employees.




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  • mrajatish
    04-09 11:13 AM
    I am all for cleaning the system and reforming H1B - but I oppose an ill conceived half measure such as the one Senator Durbin/Grassley is proposing.

    My main concern is two fold:
    1. Let us assume I am a very bright individual and I am currently in Harvard. If I graduate from Harvard Business School, and I want to join McKenzie, can I do that? Can I ever be a Management consultant in US if I want to (read I as any random Joe who is not US citizen/GC holder)

    2. Can I switch jobs within a couple of weeks if I need to (I refers to someone who works for a good company but perceives opportunities else where) - this is important as my competition (US citizen/GC holder) has no restriction in place for them. This is also important during recession when I might be a valuable asset to another company but the company cannot afford to wait.

    My point is: definitely prevent abuse of the system, but not by putting more shackles on the hapless employee. Give the employee freedom to move anywhere for a certain period of time (could be 3 yrs renewable 2 times as per current H1b) and have strict penalties if this employee overstays visa etc.

    Additionally, if employers abuse the system, send them to jail right away (and have whistle blower immigrant status protection). Make employers more accountable than they are today.

    Just my 2 cents.....




    Macaca
    12-21 10:53 AM
    Bush boxed in his congressional foes (http://www.latimes.com/news/printedition/front/la-na-congress21dec21,1,2311328.story) Democrats took the Hill but were stymied by a steadfast president By Janet Hook | LA Times, Dec 21, 2007

    WASHINGTON � Just over a year ago, a chastened President Bush acknowledged that his party had taken a "thumping" in the congressional elections, and he greeted the new Democratic majority at the weakest point of his presidency.

    But since then, Democrats in Congress have taken a thumping of their own as Bush has curbed their budget demands, blocked a cherished children's health initiative, stalled the drive to withdraw troops from Iraq and stymied all efforts to raise taxes.

    Rather than turn tail for his last two years in the White House, Bush has used every remaining weapon in his depleted arsenal -- the veto, executive orders, the loyalty of Republicans in Congress -- to keep Democrats from getting their way.He has struck a combative pose, dashing hopes that he would be more accommodating in the wake of his party's drubbing in the 2006 midterm voting.

    Bush's own second-term domestic agenda is a shambles: His ambitions to overhaul Social Security and immigration law are dead; plans to update his signature education program have foundered; few other initiatives are waiting in the wings.

    But on a host of foreign and domestic policy issues, backed by a remarkably disciplined Republican Party in the House and Senate, Bush has been able to confound Democrats. It has been a source of great frustration to the party that came to power with sky-high expectations and the belief it had a mandate for change. And it is a vivid reminder of how much clout even a weakened president can have -- especially one as single-minded as Bush.

    "We have custody of Congress, but we don't have control," said Rep. Howard L. Berman (D-Valley Village). "Bush has shown, time and again, that he's a very stubborn guy. November 2006 didn't change that."

    Many Republicans have been surprised and impressed with Bush's continuing power -- even when he has used it to ends they disagreed with.

    "At the beginning of the year, most of us viewed the president as having less control over the process than ever," said Rep. Michael N. Castle (R-Del.), a moderate who voted against Bush on healthcare, the budget and other issues. "But this year, he realized more goals than in a lot of the years when he had Republicans controlling Congress."

    At a news conference Thursday after Congress adjourned for the year, Bush had kind words for much of Congress' work and did not gloat over his success in keeping Democrats' ambitions in check.

    "What ended up happening was good for the country," he said.

    Democrats blamed this year's congressional gridlock on Bush, but his inflexibility on key issues was just one factor.

    Republican lawmakers showed scant interest in compromise. Democrats were riven by internal divisions. And Bush did little to unite rather than divide the factions on Capitol Hill. He did not much resemble the kind of politician he was as governor of Texas, when he forged a strong relationship with the Democratic lieutenant governor.

    Immediately after the 2006 election, it looked as if Bush might offer Democrats an olive branch and set a more bipartisan tone. He let go controversial Defense Secretary Donald H. Rumsfeld. He called incoming House Speaker Nancy Pelosi (D-San Francisco) at home on Christmas. After years of ignoring congressional Democrats, he began inviting them by the dozen to the White House to hear them out.

    But the honeymoon did not last long. Democrats were furious when, after an election they believed was a mandate to withdraw U.S. troops from Iraq, Bush in January announced a buildup. A few weeks later, he went around Congress and issued an executive order giving the White House greater control over the rules and policies issued by regulatory agencies. White House meetings with Democrats turned partisan -- and then petered out. Bush repeatedly reached for the bluntest of presidential tools -- the veto.

    His first veto this year nixed a war spending bill that included a timetable for withdrawing from Iraq. Democrats' promise to press the issue all year lost steam after testimony in September from the top commander in Iraq, Army Gen. David H. Petraeus, instilled confidence in Republicans whose commitment to the war had grown shaky. Without more GOP defections, Democrats in the Senate were powerless to undercut Bush's war policy.

    Bush also wielded his veto power to great effect on domestic issues.

    He blocked Democratic efforts to expand stem cell research, a popular bill that had broad bipartisan support. The failed effort to override that veto provided a window onto a dynamic that was key to Bush's source of strength throughout the year: Many moderate Republicans parted ways with the president on the stem cell override vote -- as they later did on his veto of the children's health bill -- but there were enough conservatives who agreed with him to sustain his vetoes.

    Bush issued a barrage of veto threats to curb Democrats' domestic spending plans -- an effort that helped him regain some favor among fiscal conservatives who had lambasted him for allowing the Republican-controlled Congress to jack up spending to record levels.

    "Fiscal conservatives can see the president getting stronger on spending this year than in the previous six years," said Brian Riedl, a budget expert at the Heritage Foundation.

    Democrats had wanted to add $22 billion to Bush's funding request. But he drew a line in the sand and guarded it for months. He vetoed a bill packed with spending for education, health and other popular programs. The final budget approved this week adhered to his overall spending limit -- and dropped riders on abortion and other issues he objected to. And it included the money for the Iraq war with no strings attached.

    Bush also held the line against Democrats' efforts to raise taxes, which they proposed to offset the costs of new health spending, energy programs and a middle-class tax break. Faced with Bush's veto, Democrats could not enact taxes on such inviting targets as cigarettes, wealthy hedge-fund managers and big oil companies.

    Bush's Republican allies were almost giddy with their unexpected success.

    "Who would have thought a year ago that Democrats would have come down to the president's budget number, that we would be ending the year by funding the troops in Iraq and Afghanistan, and that we could complete the year without raising taxes on the American people?" said Senate Minority Leader Mitch McConnell (R-Ky.). "And all despite having a Democrat majority in Congress."

    Heading into the 2008 elections, Democrats will have to keep their supporters from becoming demoralized over not being able to deliver more with their majority.

    "It's hard for them to understand, and it's even harder for us to live with," said Senate Majority Whip Richard J. Durbin (D-Ill.).

    But Democrats are trying to turn their tribulations into a campaign issue by telling voters that the party will not really have a working majority until they expand their Senate caucus from the current 51 to 60 -- the number they need to block GOP filibusters and other stalling tactics.

    The tag line on a fundraising pitch by the Democratic Senatorial Campaign Committee: "51 seats is not enough. Help us turn our country around."

    Acknowledging that GOP victories this year consisted simply of blocking Democrats, some Republicans say they will have to develop a more positive agenda to build a successful political brand. Said Rep. Fred Upton (R-Mich.), "The product we're selling is negative."




    surabhi
    03-25 10:57 AM
    That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.

    USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.

    Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.

    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."



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