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  • diptam
    08-05 08:53 AM
    As i said earlier you have Zero understanding of these things and that's why you came to waste peoples time. You could be an anti-immigrant as well.

    "GC is for future Job and one single person could be eligible for EB3 / EB2 / EB1 any kind of jobs - its the person's ELIGIBILITY which matters " - understand dumbo ?

    What do you mean "i am eligible for EB2"?????

    A JOB is what decides EB1/2/3, not your imagined eligibility !!

    If the job that you do requires no more than an EB3, then how are you saying your employer did something wrong? Why should you get to port to EB2 based on your "imagined eligibility for EB2"? Please explain that to me.

    Remember, the JOB REQUIREMENTS should be there, it does not matter if you are a PhD from MIT...........





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  • abracadabra102
    01-06 07:21 PM
    The palestine problem was created by British people without considering Palestian's approval for the same. What palestinians are asking is their legitimate right. So Hamas is not the first party to blame for palestinian's problem. But Britain is the first person.

    You can blame Hamas for wrong approach to the problem which aggravated the problem in such a way that it can not be solved. Also due to Hamas, Palestinians are suffering like anything. God bless all innocent people who suffers.

    British essentially turned over the issue to UN and pulled out of that region after second world war. As a conquering nation, Britain will certainly get some blame for almost all world issues of 20th century (like Indo-Pakistan division and aftermath).

    In fact there was Israeli Irgun which was more like Hamas during formation of Israel. These activities stopped once state of Israel is formed. Perhaps same thing might have happened with Palestine as well. Isreal was willing to yield some areas for palestine state and Jordan, Syria and Egypt could have easily given up some of the land if there is any shortfall. Instead they drummed up Palestine passions and in the end grabbed some of Palestine land rendering them homeless. It is a tragedy that Palestines are now living like refugees in their homeland.

    Bill Clinton tried real hard to settle this issue and the Israeli prime minister at the time virtually sacrificed his political career with that agreement. Arab countries should have talked sense into Arafat and probably should have given up some of their land for a lasting peace. But that was the last thing on their agenda.





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  • Macaca
    02-22 11:39 AM
    Lou Dobbs makes 6+ Mils and gives his opinions on the best news network at close to prime time. We are rotting in retrogression. Most of us are tiger on IV forums but can not even wimper on non-IV forums.

    The utility of these opinions on IV forums is debatable, at best. However, It will help us if we can convince others that they are not getting the facts from Lou Dobbs and give them the facts.

    Please post fact based opinions at non-IV forums.





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  • Gravitation
    03-25 03:59 PM
    Could you explain property tax a little more? i.e. when you own it what % of your house is the tax? Is it a state tax? Is it fed deductible?


    Property tax is paid to the town you live in. It pays for the public schools (primary and secondary education). If your town provides trash collection services etc, all that comes from property tax. It's usually different for residential and commercial and industrial properties. Typically, the better the schools in a town, the more is the property tax.

    Percentage is determined by the town/city. For the purpose of this tax, town determines what is called "assessed value" of a property. This is done by the town-clerk by simply looking at the specifications of the property (lot size, number of bedrooms, living space, etc). This assessed value can sometimes vary wildly from the market-price. The assessed values are usually adjusted to match the town/city budget. it's not even intended to be anywhere near the market-price.

    Just for an example, my house is worth $540,000 (market price), the tax is $6000/year.

    Yes. property tax is fed deductible. I save ~$1000/month in fed taxes. Most of the mortgage loan payment is interest in the beginning and that's also tax deductible. My mortgage+property tax+insurance is about $2400. I used to pay $1500 in rent. For me, the only real financial implication of buying a house has been in the form of: New Furniture, increased heating bill and lawn-care. In lieu of that it has four times as much living space, a acre+plus flat yard for my son to play in. On the flip side, it's far out in the suburb. BTW, I put 25% down, otherwise my mortgage payment would have been higher.

    Buying a house is not everybody's cup of tea. but it can work very well for some, depending on requirements, taste and future plans.



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  • satishku_2000
    05-16 05:39 PM
    Infact pro immigrants and Corporations are arguing that shortage of skills and they are not displacing US workers. If that is true why cannot they accept the conditions that they will not displace US workers. If you accept that you do not mind replacing some american workers also then all of your points are valid. Then you can lobby for unlimited H1b and Unlimited greencards. You will never get American people support for that. But we all are lobbying based on the shortage of skills. So we should be ready to reduce H1b when demand goes down or accept the conditions for non displacement of US workers. Right now demand is more so US will absorb even 200K H1bs. But you need to look what happened between 2000 to 2003. So many layoffs. Part of reason was economy but other part was due to H1b and outsourcing

    I will accept that 25 year old H1b from India can work 15 to 18 hours a day but same kind of productivity cannot get with 40 year old person with family of 2 kids whether Indian or american. Is it right to replace those person with 25 year old person. If that is the case then you will be replaced by youger H1b person in future.

    My view is clear. There should be H1b numbers based on demand and supply. If they cannot come with correct numbers then restriction of non displacement of US workers should be there.

    Why someone whose permanent labor certificate is approved should have to go thru the process of adertising when his or her H1 is up for renewal? Can you please explain me what is the intent of permanent labor certificate as opposed to LCA in H1?





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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:



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  • ganguteli
    03-24 02:32 PM
    Unitednations,
    I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.

    - Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?

    - If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.

    - Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?

    - If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?

    - Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?

    - Why can't they ban DV lottery? But go after H1Bs. You will say to do that law must be changed. But at least go strict on whom you approve once they are selected in the lottery. Are they not bringing lot of criminals, fanatics, unemployed and uneducated poor through DV.

    - Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.

    The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .





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  • jung.lee
    04-05 06:07 PM
    The analysis is interesting, but this much amount has already been written off considering 100% of option ARM, and alt-ARM will fail.

    I think you missed my point. I was not trying to connect the ARM reset schedule with write-offs at wall street firms. Instead, I was trying to point out that there will be increased number of foreclosures as those ARMs reset over the next 36 months.

    The next phase of the logic is: increased foreclosures will lead to increased inventory, which leads to lower prices, which leads to still more foreclosures and "walk aways" (people -citizens- who just dont want to pay the high mortgages any more since it is way cheaper to rent). This leads to still lower prices. Prices will likely stabilize when it is cheaper to buy vs. rent. Right now that calculus is inverted. In many bubble areas (both coasts, at a minimum) you would pay significantly more to buy than to rent (2X or more per month with a conventional mortgage in some good areas).

    On the whole, I will debate only on financial and rational points. I am not going to question someone's emotional position on "homeownership." It is too complicated to extract someone out of their strongly held beliefs about how it is better to pay your own mortgage than someone elses, etc. All that is hubris that is ingrained from 5+ years of abnormally strong rising prices.

    Let us say that you have two kids, age 2 and 5. The 5 year old is entering kindergarten next fall. You decide to buy in a good school district this year. Since your main decision was based on school choice, let us say that your investment horizon is 16 years (the year your 2 year old will finish high school at age 18).

    Let us further assume that you will buy a house at the price of $600,000 in Bergen County, with 20% down ($120,000) this summer. The terms of the loan are 30 year fixed, 5.75% APR. This loan payment alone is $2800 per month. On top of that you will be paying at least 1.5% of value in property taxes, around $9,000 per year, or around $750 per month. Insurance will cost you around $1500 - $2000 per year, or another $150 or so per month. So your total committed payments will be around $3,700 per month.

    You will pay for yard work (unless you are a do-it-yourself-er), and maintenance, and through the nose for utilities because a big house costs big to heat and cool. (Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti:))

    Let us assume further that in Bergen county, you can rent something bigger and more comfortable than your 1200 sq ft apartment from a private party for around $2000. So your rental cost to house payment ratio is around 1.8X (3700/2000).

    Let us say further that the market drops 30% conservatively (will likely be more), from today through bottom in 4 years. Your $600k house will be worth 30% less, i.e. $420,000. Your loan will still be worth around $450k. If you needed to sell at this point in time, with 6% selling cost, you will need to bring cash to closing as a seller i.e., you are screwed. At escrow, you will need to pay off the loan of $450k, and pay 6% closing costs, which means you need to bring $450k+$25k-$420k = $55,000 to closing.

    So you stand to lose:

    1. Your down payment of $120k
    2. Your cash at closing if you sell in 4 years: $55k
    3. Rental differential: 48 months X (3700 - 2000) = $81k

    Total potential loss: $250,000!!!

    This is not a "nightmare scenario" but a very real one. It is happenning right now in many parts of the country, and is just now hitting the more populated areas of the two coasts. There is still more to come.

    My 2 cents for you guys, desi bhais, please do what you need to do, but keep your eyes open. This time the downturn is very different from the business-investment related downturn that followed the dot com bust earlier this decade.



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  • akred
    06-23 02:48 PM
    I don't believe the housing market slump will last more than 3 years!

    --------------------------------------------------------------------------------------------------
    Echo boomers a lifeline for embattled U.S. housing | Reuters (http://www.reuters.com/article/ousiv/idUSTRE55L0AO20090622)

    The demand may come back, but the prices may be lower from here on out. If interest rates move higher due to the deficit, people won't be able to afford as much, causing prices to fall further.





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  • rsdang
    08-11 04:56 PM
    One day, in line at the company cafeteria, Joe says to Mike behind him, "My elbow hurts like hell. I guess I'd better see a doctor."

    "Listen, you don't have to spend that kind of money," Mike replies. "There's a diagnostic computer down at Wal-Mart. Just give it a urine sample and the computer will tell you what's wrong and what to do about it. It takes ten seconds and costs ten dollars . A lot cheaper than a doctor."

    So, Joe deposits a urine sample in a small jar and takes it to Wal-Mart.

    He deposits ten dollars, and the computer lights up and asks for the urine sample. He pours the sample into the slot and waits.

    Ten seconds later, the computer ejects a printout:
    "You have tennis elbow. Soak your arm in warm water and avoid heavy activity. It will improve in two weeks. Thank you for shopping @ Wal-Mart." That evening, while thinking how amazing this new technology was, Joe began wondering if the computer could be fooled.

    He mixed some tap water, a stool sample from his dog, urine samples from his wife and daughter, and a sperm sample for good measure.

    Joe hurries back to Wal-Mart, eager to check the results. He deposits ten dollars, pours in his concoction, and awaits the results.

    The computer prints the following:

    1. Your tap water is too hard. Get a water softener. (Aisle 9)
    2. Your dog has ringworm. Bathe him with anti-fungal shampoo. (Aisle 7)
    3. Your daughter has a cocaine habit. Get her into rehab.
    4. Your wife is pregnant. Twins. They aren't yours. Get a lawyer.
    5. If you don't stop playing with yourself, your elbow will never get better!
    :D



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  • damialok
    03-27 03:55 PM
    All good points, As always with Real Estate, its Location, Location and Location. So the decision to buy a home depends on where you are. My analysis was more towards the Bay Area market where prices have held steady except in periphery markets and neighborhoods which had lot of new construction. Demographics here are dual incomes, steady jobs, limited housing/new construction and strong tech sector(due to the global nature).

    One thing I believe is that, Mortgage rates are probably at the lowest we will see for a while. If you time it right, maybe you can go another 50 basis points lower but generally its quite low.

    Now, is the price of a home lowest? New home owners GENERALLY dont consider the price of the home but rather the MONTHLY payments. How much will it cost me monthly to own this home? And this is what drives the price of a home. So the price partially depends on the mortgage rate, type of mortgage(5-1 ARM, 30 year, 40 year etc).

    Finally another major thing to consider is the loan process. With the recent changes, its got much tougher. My company almost has a freeze on new loans and except for refi the rest is frozen. Tighter conditions like

    DTI ratio less than 35%
    LTV ratio not more than 90%
    For Pre-approval you need to show atleast 10% in liquid assets.

    will certainly slow down things even further.





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  • gapala
    12-18 01:00 PM
    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.

    How is that they are justified killing innocent public who is not even aware or connected to any of the problems that you have mentioned in your post?

    This is that age old argument and justification for terrorism... Oppressed/suppressed etc... we heard it enough. There is no place on planet earth where muslims enjoy freedom like in India. Reservation in premier education institutions/jobs. subsidized loans for housing etc. They are the only group who even have government (tax payers) funded flights to Macca every year. Still they resort to killing innocent public who are no way connected to the problems that you mentioned in the post. They are not even aware of these problems. (Wrong but easy targets).

    How could you justify these crazy folks?

    They intimidate people everywhere Asia/Europe and revolt against the civic society and institutions, reject the constitution demanding to allow them to follow Sharia and not the constitution. They forget that they are in that country by their own free CHOICE. They are not forced to stay there right?. They were from places where sharia is followed, they moved, due to what ever reason to civic societies and now they would NOT follow the constitution, where is the oppression here? Its their choice. They just create mental barrier for themself in the name of perverted belief system and reject civic society to look different. Its rediculous.

    Again not all the folks in that group support them, but the irony is that folks who are in at the peak of that group have this perverted belief and straight forward folks / good folks keeps mum. Due to fear?



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  • chanduv23
    04-08 07:18 PM
    Look what really does not make sense about the "Consulting company" portion is that management consulting companies like BCG, Mckenzie or the Big 4 consulting firms have a business model where they "outsource" employees for projects to other companies. So, as it stands, these companies will not be able to hire anyone from top business schools. And we are not talking about desi consulting companies here (no pun intended).

    Again, this bill embodies the basic principle that displaces US workers do not want to understand:
    "What is good for the economy may not be good for an individual".

    And I say that because I have been myself displaces 2 times in my life, and every time, I have fallen (or stumbled), I have walked an extra mile to get a better life.

    I just feel sorry for people like me and many others who came to this country with a different mindset and now find themselves in the midst of the worst anti-immigrant clime that has existed in a long time.

    That said, I feel obligated to remind everyone - "Do yourself a favor and do everything within your means to make a meaningful change, self-help is the best help you will get"

    - Raj

    What about professional services? Like IBM global services, Oracle consulting etc.... all these companies thrive on after sales customization and support based on professional services contract and there are thousands of h1b visa holders doing professional services. It is also outsourcing of a employee to a client implementing their system. Look at SAP, Siebel consultants, they are outsourced at client places for years together to finish implementations and their work locations are changed based on client's needs from time to time in between jobs - this is again a huge pool of H1bs.
    I used to work fulltime for a company in their professional services group and travelled on the job to a lot of places. The company thrives on h1b resources for their high pressured jobs and they always bring in people from outside the country to do their jobs.

    I think outsourcing employees to a different location is a part and parcel of H1b, and this bill is nailing exactly on that. It is aimed solely to purge out H1bs from the country.

    So all said and done, we may now go down based on a racially motivated bill. I am not sure what it takes to educate the law makers, I would like to see the senior personnel at IV and more analysts to look into what can be done on this bill.





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  • LostInGCProcess
    01-07 05:28 PM
    Anyway, i'll sign off and i won't post any more message in this thread again.

    On page 8 or 9 you said you would not post any more message and still you continue to post !!!! Don't say anything that you can't keep up with.



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  • bkarnik
    08-06 06:19 PM
    A father passing by his teenage daughter's bedroom was astonished to see the bed was nicely made and everything was neat and tidy. Then he saw an envelope propped up prominently on the centre of the pillow. It was addressed "Dad". With the worst premonition, he opened the envelope and read the letter with trembling hands:-

    Dear Dad,

    It is with great regret and sorrow that I'm writing you, but I'm leaving home. I had to elope with my new boyfriend Randy because I wanted to avoid a scene with Mom and you. I've been finding real passion with Randy and he is so nice to me. I know when you meet him you'll like him too - even with all his piercing, tattoos, and motorcycle clothes. But it's not only the passion Dad, I'm pregnant and Randy said that he wants me to have the kid and that we can be very happy together. Even though Randy is much older than me (anyway, 42 isn't so old these days is it?), and has no money, really these things shouldn't stand in the way of our relationship, don't you agree?

    Randy has a great CD collection; he already owns a trailer in the woods and has a stack of firewood for the whole winter. It's true he has other girlfriends as well but I know he'll be faithful to me in his own way. He wants to have many more children with me and that's now one of my dreams too.

    Randy taught me that marijuana doesn't really hurt anyone and he'll be growing it for us and we'll trade it with our friends for all the cocaine and ecstasy we want. In the meantime, we'll pray that science will find a cure for AIDS so Randy can get better; he sure deserves it!!

    Don't worry Dad, I'm 15 years old now and I know how to take care of myself. Someday I'm sure we'll be back to visit so you can get to know your grandchildren.

    Your loving daughter,
    Rosie.

    At the bottom of the page were the letters "PTO". Hands still trembling, her father turned the sheet, and read:

    PS: Dad, none of the above is true. I'm over at the neighbor's house. I just wanted to remind you that there are worse things in life than my report card that's in my desk centre drawer. Please sign it and call when it is safe for me to come home. I love you!





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  • diptam
    09-26 02:47 PM
    Here is my Point if we educated legal immigrant community support Barack or John ( though its a virtual support because we are not eligible to vote:))

    If Barack doesn't win this 08 election economy is going to go further down , unemployment rates will spike , DOW will further nose dive , more banks will be bankrupt ( today morning WAMU broke 9/26/08) and there will be NO EMPLOYMENT BASED REFORM in such a Turbulent Job Market Situation.

    Anti Immigrant Groups will scorch the phone lines and will probably gather support from neutral peoples as well and scuttle any EB REFORM if the economy is bad. Their point is Americans are Jobless and you are giving Permanent Job Permit to Foreigners and any one will buy it - how much we SCREAM and SHOUT that we already have a Job, you know !

    Now tell me if you want to support Barack Obama OR John McCain - take it EZ



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  • SunnySurya
    12-21 09:00 AM
    SOLIDARITY DEMONSTRATION
    Sunday, December 21, 2008 1.00 - 3.00 P. M.
    Dag Hammarskjold Plaza (East 47th Street between 1st Ave. and 2nd Ave.) Manhattan, New York

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

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

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


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





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  • mbawa2574
    01-10 06:18 AM
    so.. by your logic, Al qaeda has declared war on the United states (they did, OBL issued that declaration some time in the late 90s) civilians die in each war, so alqaeda had every right to kill civilians in 9/11?
    Of course not! Intentional targeting of civilians is inexcusable and constitutes a war crime and we should never cease to protest it regardless if it is done by a primitive terrorist or from the comfort of an F-16.

    I am not sure why Islamic Fanatics become victims when they are attacked. Israel is 101% right in defending their territory from Palestine terror attacks. My home country is gonig through the same problem but my government won't do anything.

    Similar example of Pakistan becoming a victim of terror when actually it is a factory of terror and 100% of it s population supports terror in one form or another.

    Don't fire rockets if u fear trouble. Civilized world ( US,UK.Israel,India) need to come together and get a gameplan to weed out this trouble.

    When those terrorists kill innocents, Islamic fanatics go silent. They only wake up when their terrorist brothers are killed.

    So collateral is always in play.


    :D





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  • StuckInTheMuck
    08-06 03:24 PM
    haha haha..man, cant let this thread disappear!
    bump bump!
    \/\/ dump dump \/\/





    malaGCPahije
    09-26 09:10 AM
    I support McCain. Please do not give me reds for siding with McCain.

    I think for the country McCain is going to be better as prez than Obama. He is a more mentally strong person (clearly displayed by his POW stint). He chose not to go home when given a chance by the enemy because he did not want to leave his army friends alone. That says a lot about character.

    Obama for most presents himself to me as a lot of talk and not much action. He chose to be absent when the congress was voting on important action items during his time as a senator.

    I think what is best for America is best for the EB community too. If America is not the economically strong country we all hoped it would always be, then what good is the EB community going to get staying in America. With McCain, chances of reforms for legal immigration are also going to be much more than with Obama.

    Just my 2 cents.





    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