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  • anilsal
    11-11 11:53 PM
    Totally right. Whenever anybody mentions immigration anywhere (be it in your neighborhood, streets, bus/train stations or your companies), just find out what the person understands about the immigration issue. The person will surely talk about illegal imm/amnesty.

    That is when you educate the person about legal immigration.

    There will be people like Lou, Joe Scarxxx etc who will muddle up our whole existence by associating our immigration with the ones from the southern borders.

    We have no comments on illegal immigration/amnesty.

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  • dpp
    05-16 11:06 AM
    How wonderful that congress is finally introducing constructive bills to prevent 'consultants' mainly (but not only) from India from clogging up the H-1B visa system for honest skilled workers. The H-1B program is clearly intended for people WHO HAVE A SOLID FULL-TIME JOB OFFER AT THE TIME OF FILING THE APPLICATION. The whole body-shopping/visa abuse phenomenon is just disgusting. I wouldn't cry if any and all kinds of 'consultancy' activity were banned from the H-1B program. Someone stated that then they 'might as well lower the cap to 10.000/year'. Obviously not true. This bill clears out the infested issues of people illegally taking up visas on false premises. Good work!

    Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.

    These are all base-less statements.

    H1B program in not just designed for lazy full-time in-house foreign nationals. If an employer who can pay minimum wage (or more) given by DOL, they can recruit H1 and sponsor the visa.

    Do you know that 70-80% of H1Bs are on working on Consulting basis to complete the short-term/long-term assignments. They are the bread and butter of US IT business, not the full-time H1bs working in-house, who again takes a consultant to complete his job.

    May be some are abusing the law, but you have no right to say all of them are like that. Good and Bad will be there in any field/society/law. So, for that do not blame everybody working in that.

    I know several full-time H1Bs working in-house , but depends on outside consultants to do each and every work and they take the salary every month for doing nothing. So, with that i cannot say all full-time H1Bs are lazy and don't update their skills. There are exceptions to everything.

    Consultants are not like that, they work hard every hour and get paid just for the time they worked.

    Do not start the argument of dividing H1Bs. If you want, goto anti-immigrant sites and join with them. They will ditch you too someday.

    Support IV.

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  • immique
    07-14 10:01 PM
    For all those people who are misguiding the EB3 members on the forum- please stop playing with people's hopes and stop this nonsense about petition for spillover from EB1 to EB3. this is a foolish arguement and will not work. Do you think USCIS will give preference to EB2 over EB1? hell no. similarly, EB3 will not get any spill over visas unless EB2 is current. EB preferences are are established for a reason to give preference to better qualified individuals that US thinks are much needed. similarly family based preferences are established to give preference to dependents/relatives of US Citizens over other categories. Can you imagine second or third preference Family based category getting preference over the first preference category in Family based applications? No way this is going to happen.

    Moreover after taking heat from Congress for wrongly interpreting the EB laws and unfairly giving visas to EB3 last year while EB2 is still retrogressed, do you really think that USCIS/DOS will make the same mistake again? some of the people seem to be wandering in a fool's paradise. this whole petition drama has caused rifts among the EB immigrant community for no good reason. the only way for EB3 to move forward is by EB2 becoming current and it may happen next year.

    I can tell you for sure what kind of results this petition will produce.

    1. it will not poduce any spillover to EB3 at all.

    2. it will definitely attract more scrutiny towards EB2 from USCIS as it will try to establish clear distinction between EB2 and EB3 so that people are not confused between the categories thinking that they also qualify for EB2 as mentioned in the petition. USCIS may start strictly implementing "exceptional ability/ advanced degree/ Professional Occupation" part of the EB2 definition and start questioning the 5 year experience that many EB3 have used to convert to EB2. This will result in more problems for EB3 to EB2 conversions who have already filed and for future filings and will make it easier for people with Advanced degrees. This will help USCIS to make EB2 current quickly by greatly decreasing the number of applications in EB2 and may be then use the spill over to EB3.

    After reading all this if people are still not convinced about my arguement, then go ahead and send in your petitions to whom ever you want to. As I said above, it will do more harm to EB3 than any good as it will potentially make it impossible for any future EB3 to EB2 conversions. Good luck in your effort.

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  • santb1975
    10-01 01:41 AM
    I wonder how many $$$ GWB Sr. had to donate to Yale for GWB to get in ...I better stop my rant..:rolleyes:

    Just to clarify GWB is a Yale graduate.
    With a democratic controlled congress and Obama being a president, CIR is bound to happen. If high-skilled community doesn't unite and get our voices heard then we might come up empty. Remember the last time an immigration bill was passed by the Democratic president (AC21). They flashed few carrots (2-yr recapture, portability and H1 extension beyond 6 yr) and threw us under the bus with flood of 245i applicants. EB3 queue is still suffering from those backlogs.

    In the near term only democrats will be in a position to provide us with some relief because they control the congress.


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  • number30
    03-26 06:09 PM
    What ended up happening? Did he refile?

    Also, in that situation, if he had managed to get an offer letter from a third company, would the USCIS have then okayed it?

    No He went back to India and came with new H1. It was two weeks short of 180 days. He could not use the AC-21. He has applied with Labor from different employer and case is stll pending. Murthy handled his case.

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  • vallabhu
    04-06 11:52 PM
    My understanding H1 B employers (mostly desi companies) are root cause of this situation by abusing H1 b program, they have made enough money by sucking H1 employees blood, now hey are equally affected it is time for them to share some of it and fund all the efforts to curb these kind of Bills.

    Please forward the text of this bill to all your employers and ask them to join hands with IV.


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  • unitednations
    03-24 11:55 AM
    Can you please elaborate?

    I may be understanding this incorrectly, but are they denying our right to be represented by a lawyer?

    No; I am saying I am suspicious of original poster because when in local USCIS offices they swear you in that you are going to tell the truth and if you don't have a lawyer with you then they make you sign a statement that you are self representing yourself at the itnerview.

    Because of these formalities; I have my doubts with a Phone call received from the local office and asking for documnets, questions on some very substantive matters without going through the formalities that local uscis office is supposed to do.

    - I went to two local uscis office interviews; so I am pretty versed in their procedure.

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  • Ramba
    08-05 03:25 PM
    Please stop with this. this is truly offensive. Many of us happen to be truly qualified beyond your clarly limited imagination. Not all of us are in IT, not all of us work in body shops and NOT all of us deal with fraud in our lives. If a few do, then go chase the, and stop tarring us all with the same brush. This is really akin to my saying (and I'm not saying it) that all EB3 folks are just IT diploma holders working for body shops and the whole category is just a fruad. How does the tarring feel now?

    I said most of the case. Not all. Ofcouse, most of the bodyshoppers does this abuse. Like labor subsitution, creating a duplicate job just to file EB2 etc.. I am not blaming good US employers and employees. There are tons on non-IT genuine EB2 cases are there..


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  • unitednations
    03-26 05:51 PM
    Does this mean that H1B is also location specific?

    There has been no definitive guidance. H-1b is specific to company, candidate with job duties. If there is a "material change" then it should be amended.

    Material change has not been defined in all encompassing ways. it is a gray area whether one needs to amend h-1b for another location. In that particular case; aao seemed to imply that another work location was a material change. There was no follow up after they made the decision. One of the posters who participated on that thread said that he knew that particular person and after that decsion his lawyer showed LCA's and the case was approved.

    However; it still wasn't conclusive of whether that was good enough. Reason being was that the candidates labor was filed in 2000 and he had 245i protection and that in itself would have protected him from his out of status issues; ultimately on that specific case of working on different locations would not have had an impact because he was protected in other ways.

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  • Macaca
    12-27 06:39 PM
    Onions vs. Corruption on the Outrage Scale ( By Rupa Subramanya Dehejia | IndiaRealTime

    Are we a democracy in name only? Is the Indian electorate apathetic? Why aren�t people marching in the streets protesting the recent spate of corruption scams?

    Well, OK, some marched last Wednesday as the BJP sponsored demonstrations against corruption in the major metros. But it was hardly a spontaneous and large-scale outpouring of popular disaffection. And it was rather late at that.

    While India�s political classes and the English speaking elite are working themselves into a rhetorical frenzy over the succession of scandals that have beset the United Progressive Alliance government, contrast this to the apparent complete lack of engagement by the common man. While most Indian commentary has focused on the political intrigue within Delhi, Paul Beckett in the WSJ remarked on the fact that �this is the sort of event that in a less apathetic democracy would lead to genuinely convulsive outrage.�

    At least every five years, India is a vibrant democracy, with a high participation rate and a robust tendency to punish incumbents who perform poorly, even more so than in most Western democracies. But why do we become so lethargic in between? Where are the convulsions that we surely should be seeing?

    Recently, I�ve been posing this question to just about everyone I meet from Mumbai taxi drivers, construction crew in the neighboring apartment, Twitter followers, and whomever else I can buttonhole. Some professed no interest, saying that all of their energy and time are occupied by putting food on the table. Others expressed a sense of helplessness: �I�m a day laborer barely making ends meet; how can I influence what these big politicians do? Who will listen to me?�

    This sense of resignation needs to be questioned. If common folk felt that helpless, why would they bother to vote in such large numbers and turf out politicians they don�t like every time an election comes around? As the recent state election in Bihar demonstrates, voters are quite prepared to reward good governance and punish grandstanding populism. Clearly, as an electorate, we�re responsive and agile when we want to be.

    So what�s going on?

    One hypothesis is that people largely see this as political theater. So long as the economy is booming and there�s no direct impact on their pocketbook, it�s business as usual. Let�s not forget when existential questions such as land acquisition or the price of staples are at issue, we do see the common man coming out on the streets and expressing his displeasure, forcing governments to react. Witness the recent uproar over the price of onions.

    The estimated $40 billion loss to the exchequer from selling the 2G spectrum below its value is money not spent on electrifying Indian towns and villages, building schools and hospitals, etc. Why don�t people see it this way? It is not merely a �presumptive� loss as Kapil Sabil contended to Barkha Dutt on NDTV recently but a real economic loss. After all, a rupee not earned is a rupee wasted.

    Another reason could be that two-thirds of the people are poor and don�t pay much in the way of income taxes. Perhaps they don�t see the recent scams as costing them. Contrast this to the West where every allegation of government money misused is widely portrayed as a waste of taxpayers� money and galvanizes opposition. In India, the bulk of the tax base is rich individuals and corporations who, as we should expect, are the ones who�ve been screaming loudest about the recent scandals.

    A related explanation may be that there�s been a failure by the opposition parties in articulating the cost to the common man of these various scams. Broad and sweeping condemnations of corruption don�t speak directly to the fact that the money lost could have been used for productive social ends. The talking heads on cable news channels and the pundits in print seem so caught up in the minute details of parliamentary and judicial procedures that they miss the forest for the trees.

    The crux of the matter is this: government strategists have presumably deduced that none of these recent scams will be consequential at the polls. What animates the common man is not television debates between Anglicized lawyers who use fancy words but fundamental issues such as food, water and land. Despite all of our economic progress, there remains a fundamental divide between the interests of the urban middle and upper classes and of the poor, whether urban or rural.

    Until that changes, the price of onions will always be politically more salient than whatever corruption scandal is making headlines, and will dictate electoral fortunes.

    Do you agree? Share your thoughts in the Comments section.


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  • Refugee_New
    01-07 10:06 AM
    Israel is fully justified in responding to the rocket attacks from Gaza. How long can they show restraint by not responding to the unprovoked attacks. Do you think US will remain silent, if Canada were to lob rockets into US. Asbolutely not. Every country has the right to protect itself.
    Hamas is such a coward orgn that they hide behind school, mosque, hospitals to shoot their rockets, so they really are luring israel to bomb those areas. Unfortunately innocents die...the blame should be on hamas. In fact, before bombing Israel even goes to the extent of calling and texting people in the target area to warn them before bombing. which country at war you know does that. Inspite of all these the biased media portrays Israel as the evil one. time to think. if only india shows some courage like that.

    Oh really? Thats how they bombed the school and killed more than 40 kids?

    When terrorists attacked Mumbai, Indian commandos took 3 days to rescue hostages and kill terrorits.
    When terrorists entered school in Baslan, Russia, Russian commandos took their time to respond in order to minimize the casualty and rescued most of the children and killed all those terrorist.

    Do you think same thing happend in Palestinian school? There are certain rules that has to be followed during war. Rules of engagement. Not to kill innocent civilian, not to kill kids, not to bomb place of worship, hospitals etc. Do you think these are followed anywhere in anywhere while killing muslims?

    If Israel want to kill terrorist, they have every right to kill those terrorist who kill Isrealis. Instead they are bombing kids. Which is not acceptable by any people or any nation.

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  • alisa
    12-30 01:05 AM
    If that is true, to complete the circle, you'll also see terrorist attacks, sponsored by India, on innocent civilians in Pakistan. You'll soon get a fitting reply, something which will put the lives of your mom and dad in danger and scare the hell out of them.

    I think you missed my point. Which was that the 'solution' that Mr rinku1112 was suggesting, destabilizing Pakistan by funding dissident groups, is something that Pakistan already suspects India is doing. And there might be some truth to it. So, then, Pakistan would want to fund groups that would try to destabilize India.
    Thats the vicious cycle.


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  • raysaikat
    07-13 11:23 AM
    Who has the authority to set the spillover mode ? (Vertical vs Horizonal)

    I read in some immigration forum that USCIS/DOS has switched between these at will in the past.

    No one, actually. It is supposed to be set by the law (congress), but apparently the law is not clear about the exact steps. So USCIS "interprets" the law to supply the missing details. In this case, by consultation with congress (administration? House/Senate officials?) and reading the "intent" of the law more carefully, they have arrived at the conclusion that the spill-over visas must go in the horizontal direction.

    The current interpretation is the sensible one, IMHO, if the word "preference" is to mean anything.

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  • logiclife
    07-09 01:11 AM
    Well, we had a good debate on Radio on KPFK today.

    I would like to thank Rajiv Khanna, Stuart Anderson, Carl Shusterman, Ashish and Swadha for participating on this show. Also Aman and Ashish for arranging this with Debo.

    Today, a caller called the show when Debo opened the phone lines and this guy, named Mike, went on and on about how H1B program is similar to slave trade and H1B workers live like insects by piling up 10 people in a one-bedroom apartment and work 100 hours a week for 30 thousand dollars a year bla bla bla.

    Without studying due process, or policy analysis, simply crying "Slave Trade", "H1B stole my job...waaaah...waaah", "H1B replaced me...waaah...waaah", they create good sound bites and play victims.

    Really, H1B program and employment based greencard program, that brings professionals in skilled occupation into this country to fill a shortage of skilled workers has been vindicated beyond limit. And they keep beating the same drums. "They steal jobs". "They drive down wages". They make good soundbites. And they make good quotes for Lou Dobbs.

    Let me say this to Mike and the likes of

    Employers dont just go around spending thousands of dollars on H1B fees and greencard fees to hire a guy with foreign accent if a native citizen was available. And they do not underpay them, because they HAVE to pay prevailing wages based on the wages determined by the Department of labor. If they apply for greencard, then that's because they want him on a permenant basis and there is a another labor certification process for that too, where there are newspaper and other advertisements for the job available to citizens first. Upon not finding a suitable fit, they file for labor certification. And let me remind you all that it takes 2-3 years for department of labor to do that coz they do an exhaustive review of the job offer.

    Go Here on this link of Department of labor ( read the process for yourself. This system is designed to protect the citizens and IT WORKS.

    Now in a few cases, if there was fraud, then that doesnt mean that the system does not work and should be abolished. Its like saying that we should abolish driving privileges of everyone just because some drivers drive drunk and kill pedestrians. By that token, we must also ground all commercial air travel because sometimes the planes crash and they kill people.

    Another accusation is that H1B employees pay for their own fees sometimes and also for lawyer's fees. And they work like donkeys. Well, not everyone pays for the lawyers. In some rare cases, if the employees hire lawyers, its their own choice, for their own comfort and for their own complicated cases which are many time due to problems of their own making. Why would the employer pay for individuals immigration problems that are not tied to H1B or GC petitions filed by Lawyer? As to working additional hours, its called overtime my dear friend. And they are paid to do that. No one works for free. And no one works for less. If they are paid less than what they think they deserve, then they quit the employer and go to another employer next door who pays them more and treats them fairly.

    And ya, another thing. Biggest subscriber of H1B program, especially since the late 90s has be the IT industry. Unemployment in IT industry is less than 2%. If H1B program is really making life worse, I am sure IT industry unemployment would have been more than national average of 5%.

    And now, let me mention a few slaves and their slave-masters that I am really proud of...

    There are nearly 2000 doctors who are on their path to permenant residency(Green card) in America. They are under Conrad-30 (J1) program. They serve 4 million americans in medically underserved areas. These are rural areas where its hard to find a proper grocery store, let alone a Doctor.

    One of my friends works as a Doctor in Yuma, Arizona. The greencard process for him stalls him for years and years to move to a more desirable area even if he has done his due of serving in rural areas for X amount of years. His process would start over again if the area is no longer medically underserved.

    And then there are nurses, who also make it to America from all over the world on H1B program. Now, if you've ever been to a Hospital, you would know that its not really the most pleasant job in the world. And there is a severe shortage of nurses in America. Even a 5 year old knows this. So by abolishing H1B program and employment based immigration program, you would get rid of the SLAVE nurses too, who work 12-hour shifts on jobs that American born RNA nurses dont accept.

    Such Doctors and nurses are a beacon of hope to 4 million Americans where healthcare is difficult to come by. If such Doctors are slaves, then I am proud of those slaves and their slave masters, and I would love to be either one of them any given day of the week.

    -Have a great weekend-


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  • qasleuth
    03-23 05:23 PM
    Got it. So, if OP does not provide contracts, sends in his reply and if his 485 app gets denied saying all the docs asked in the 'novel RFE' were not provided, then he can 'apply' under 245(k) ?
    Two different things -
    Legal Status to be shown from last entry for I-485 approval under 245(k). Actually the out of status days could be as much as 180 calendar days. However, USCIS can ask any information to verify any data on Form G-325a ( (Biographic Information). One of the important info is Employment History.

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  • nogc_noproblem
    08-08 11:46 PM
    Good one!!!

    I thought the first blonde joke was really very funny - Helloooooooo :)


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  • sledge_hammer
    06-27 11:52 AM
    Right, you pay for what you called "service", which is what your landlord is providing. And you pay him to let you stay in his house, which means YOU my friend are paying more than 80% of HIS mortgage. At the end of his mortgage, all his tenants would have collectively chipped in to pay more than 80% of HIS mortage and he has a house at the end of it all. What do YOU have? Zero, zilch, nada!

    Money paid as interest is the "service" cost of the money being loaned to you. You are paying so that you can live in the house you did NOT pay full cash for.

    My interest in a year is 2 times more than the standard deduction. I don't have a business yet, but when I start one, I'm going to have more deductions. Do the math!

    Its not logical to think of rent as money flushed down the toilet. It is the money you pay for a service aka for a service that provides shelter without any maintanance involved.

    Is the money that you are paying as interest for mortgage money flushed down the toilet???:rolleyes:

    Taxdeduction is overrated, remember everyone gets a standard deduction, so even if you
    dont have mortgage you get a break.

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  • abcdgc
    12-27 12:27 AM
    So what in your opinion is the reason for the state and the government of Pakistan to provoke India, with the risk of starting a war with India that Pakistan cannot win, at a time when the economy is in a very very bad shape and there are multiple insurgencies and regular suicide attacks within Pakistan?

    You are from Pakistan, you tell why you are doing this. Why are you asking us to explain your actions?

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  • sanju
    12-19 09:56 PM
    Its amazing to see how you are trying to force your views based on limited understanding on others. One good thing about religion? Now, I am not sure what religion means to you. To me, its the way I was brought up and the way people live. Having said that, the very upbringing instills the care for Health, Hygiene, Homes, Human Values, Harmony in Diversity etc. Long story short, help you become a humble and good social being.

    Do you kow that "Science is still evolving. That is why we still discover and learn new things may be not every day, but periodically" Lets look at the core aspect, scientists once believed that Earth is flat, People as late at the time columbus discovered america believed that this is true. Slaves were even planning to kill the Columbus. Luckly for him, next morning they site the land which they thought as India but turned out to be America.

    Scientists also believed that ATOM is the smallest particle. It changed due to development and research and broken down into P N & Electrons. Now it evolved into Quartz. It may change in future due to advancements.

    How do you say that science is perfect and that is the truth? Well truth never changes, you and I wrote in science exams about the smallest particles and got marks but, now that answers are no longer valid.

    Religion is the way we live, that is why there are more religions now. People live and believe in certain way becomes new religion or cult. Way we live influences the way we think and what we learn and believe. But, you know what, Fundamental aspect is Faith... superior to belief. It takes faith to accept somethings that are unknown. This is the core aspect that leads to scientific research and development. Which results in Technological advancement and life science evolve.

    The way we live help us develop that in unknown things which in turn leads to research and facilitate all that related to science mentioned above. You know what I am talking about. Do not trash religion.. again I do not know what it means to you. it could mean different things to different people... Being religious is not bad at all. As you said, Just like science, People may choose to live wrong way :)

    Science keeps evolving as we learn new things. Something that evolves, learn and change is alive. Religion never changes and its "guardians" do not want it to change. Something that never evolve, change even after learning new things is dead. That's the fundamental difference between religion and science even when the two compete with each other in the same sphere to answer different questions of mankind. You seems to suggest that it is bad and wrong for science to continue to get better and evolve?

    Do you want to continue to follow a dead path or you think there is a possibility that there is more to this world than what is offered in the organized religion. I am not an atheist because I do believe in the Creator, our source. But I do not believe that any organized religion is the ONLY way to get there, as ALL religions preach. Rather, organized religions keep us away from getting there. All through out history, more people have been killed in the name of religion than any other aspect in nature. How is it possible that the path to our creator be so violent and deadly? The form of all recognized & organized religions practiced by over 99% of mankind is not the direction in which the "GODs" of these religions would want its followers to go. These religions were created by con artists and thugs long after the saints were gone.

    I find it funny that you blame science for evolving and making new discoveries i.e. blaming every next generation to learn more than it predecessors. Why? Because the smallest known particle to man is no longer an atom???? And why do people need to lean their faith on a religion. If that faith is true in its entirety, what is the role of a religion? The fact that faith needs a religion on lean on, means that faith is not strong enough, and hence the case for elimination of religion from our way of life.

    But you said one thing right. Religion is the way we live. So religion is not the spiritual structure we want to live by but the corrupt immoral wrong way we continue to live, because our parents and our parent's parents lived like that, so it has got to be the right way, right?

    Faith could mean different things to different people because relationship with god is personal. But religion is laid out in the form in the "books". There is no difference in the way it says that "Jesus is the only son of God" or "Kafirs must be converted or killed" or "people of lower caste are there to serve Brahmans". There is no ambiguity to this. Now, if the faith is weak and it needs support to lean on a religion, then for some, faith and religion become synonyms. But faith and religion are in two different spheres and they are world apart, no matter how hard the religious right wants to try to obfuscate the meaning of "faith" and "religion".


    02-02 05:47 PM
    Bottom line is : if you are in the US > 183 days an year, you pay tax period. IRS doesnt care about visa status.Social security and medicare is a different issue, and certain visa categories are exempt from it.

    01-06 05:45 PM
    Refugee New,

    The focus has totally shifted from "Israeli occupation of Palestine" to "Terrorism". WHY? Blame it of Arafat, his successors and now Hamas.

    See how other Arab countries are treating Palestinian Refugees.

    You can not blame everything on Jewish media. There is no point in you and me jumping up and down. The people that needs to realize should realize and focus on a workable solution.

    Mumbai terrorism was discussed at length but you did not see the same level of discussion for LTTE's war with SLA. LTTE shares religion, language and ethnicity with lots of Indians but you DID NOT see the board discussing about that war a lot. What does that mean? It is people's nature to care only about things that impact them. There are so many stuffs that happens in world that doesn't impact all.

    This is another example of Middle east getting much more media attention than war between LTTE and SLA. With all the media attention and world opinion favoring Palestine until 10 years ago, they should have gotten their own state long ago.