unitednations
03-24 11:39 AM
UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.
No one is taking on or poking at USCIS.
On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.
When we talk about good faith employment - it is the relationship that exists during the terms of employment.
While your analysis makes sense - we really never know what is happening behind the scenes.
I had little knowledge of immigration and of the type of people on h-1b and the type of companies who sponsor greencards when I first started perusing immigration boards. I thought many people were like me.
Back in 2002 and 2003 when USCIS hardly approved any EB greencards; people were pretty emotional on immigration.com.
Rajiv Khanna did a class action lawsuit against USCIS to start approving cases. He wanted some plaintiffs. Now; people on immigration.com were so emotional about their approvals and cursing USCIS all over the place. Of the thousands of people who would post; there was only something like 13 people who actually signed up to be plaintiffs. I volunteered myself to be a plaintiff but my case had only been pending for about six months at that time so I didn't think I would be a good candidate. However; only 13 people signed up compared to the thousands who were bellyaching about it. I didn't understand at that time why there was so little people who were willing to step u.
In 2007 AILF specifically wanted people to join the lawsuit but were very clear that they wanted "clean" cases. I thought it odd that they had to specifically mention this.
Murthy didn't want to file lawsuit because they thought it would have negative repurcussions against their existing clients in future cases.
USCIS is pretty much the toughest agency to deal with and people who deal with them regularly know this. Time is on their side. They can deny cases and it takes years to get through the system and people have to have a legal way to stay in the country while this goes on. Because of this hardly anybody challenges them.
I concluded that not many people have clean cases. Many people faked things on their f-1 applications; had bench time; worked in different locations then where h-1b was approved for, etc., etc.
If you look at the different positions people take on these immigration boards; it is usually based on their own situation or people they know of and that leads them to post in a certain way.
eb3 versus eb2
permanent jobs versus consulting
country quota, etc.
The lawyers are the ones who see thousands of cases and what USCIS does and generally do not want to challenge them because it will spell bigger problems.
btw; I am still a little suspicious of the OP. Local offices mainly do family base cases and not employment base cases. Their requests for information are pretty standard and follow the lines of family base information. They do not regularly do employment base interviews. If what the OP is saying is true then this would be a directive coming from headquarters. If that is the case then asking for "contracts" is going to be very problematic as they are going after the temporary versus permanent job.
Texas service center has been known to call candidates/companies but it is usually for very simple information (ie., company tax return, asking verbally whether person is still in same job or verifying current address). They don't call and ask verbally for complex information like OP has stated.
In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.
No one is taking on or poking at USCIS.
On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.
When we talk about good faith employment - it is the relationship that exists during the terms of employment.
While your analysis makes sense - we really never know what is happening behind the scenes.
I had little knowledge of immigration and of the type of people on h-1b and the type of companies who sponsor greencards when I first started perusing immigration boards. I thought many people were like me.
Back in 2002 and 2003 when USCIS hardly approved any EB greencards; people were pretty emotional on immigration.com.
Rajiv Khanna did a class action lawsuit against USCIS to start approving cases. He wanted some plaintiffs. Now; people on immigration.com were so emotional about their approvals and cursing USCIS all over the place. Of the thousands of people who would post; there was only something like 13 people who actually signed up to be plaintiffs. I volunteered myself to be a plaintiff but my case had only been pending for about six months at that time so I didn't think I would be a good candidate. However; only 13 people signed up compared to the thousands who were bellyaching about it. I didn't understand at that time why there was so little people who were willing to step u.
In 2007 AILF specifically wanted people to join the lawsuit but were very clear that they wanted "clean" cases. I thought it odd that they had to specifically mention this.
Murthy didn't want to file lawsuit because they thought it would have negative repurcussions against their existing clients in future cases.
USCIS is pretty much the toughest agency to deal with and people who deal with them regularly know this. Time is on their side. They can deny cases and it takes years to get through the system and people have to have a legal way to stay in the country while this goes on. Because of this hardly anybody challenges them.
I concluded that not many people have clean cases. Many people faked things on their f-1 applications; had bench time; worked in different locations then where h-1b was approved for, etc., etc.
If you look at the different positions people take on these immigration boards; it is usually based on their own situation or people they know of and that leads them to post in a certain way.
eb3 versus eb2
permanent jobs versus consulting
country quota, etc.
The lawyers are the ones who see thousands of cases and what USCIS does and generally do not want to challenge them because it will spell bigger problems.
btw; I am still a little suspicious of the OP. Local offices mainly do family base cases and not employment base cases. Their requests for information are pretty standard and follow the lines of family base information. They do not regularly do employment base interviews. If what the OP is saying is true then this would be a directive coming from headquarters. If that is the case then asking for "contracts" is going to be very problematic as they are going after the temporary versus permanent job.
Texas service center has been known to call candidates/companies but it is usually for very simple information (ie., company tax return, asking verbally whether person is still in same job or verifying current address). They don't call and ask verbally for complex information like OP has stated.
In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.
wallpaper height weight chart for women
pani_6
07-13 01:15 PM
What ever you might say Lawyers acted in DOL advise..
Very good point by alterego.
This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.
Very good point by alterego.
This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.
ssa
06-24 06:18 PM
You should compare only the interest part of your mortgage payment when comparing with rent.
Not exactly. Whatever one saves by renting can be invested somewhere else. So the apples to apples comparison would be the return homeowner gets on the amount of his monthly mortgage payment that goes towards the principle (home equity) to the return the renter gets on the difference he invested. Return on home equity is currently negative all over US (houses declining in price) where as you still can get some positive returns on 100% safe investment like CDs or US treasury bills.
In any case majority of your payment for the first five year goes towards paying interest. So unless you expect hosue prices to rise in next 3-4 years - a remote possibility, the best we can hope for is they stabilize - there is no monitory benefit to be gained by buying now against renting for some more time and saving more money for your future down payment.
Not exactly. Whatever one saves by renting can be invested somewhere else. So the apples to apples comparison would be the return homeowner gets on the amount of his monthly mortgage payment that goes towards the principle (home equity) to the return the renter gets on the difference he invested. Return on home equity is currently negative all over US (houses declining in price) where as you still can get some positive returns on 100% safe investment like CDs or US treasury bills.
In any case majority of your payment for the first five year goes towards paying interest. So unless you expect hosue prices to rise in next 3-4 years - a remote possibility, the best we can hope for is they stabilize - there is no monitory benefit to be gained by buying now against renting for some more time and saving more money for your future down payment.
2011 weight chart for men.
Macaca
05-01 05:43 PM
China’s Political Reformers Strike Back (http://blogs.cfr.org/asia/2011/04/29/china%E2%80%99s-political-reformers-strike-back/) By Elizabeth C. Economy | Council on Foreign Relations
Over the past year, the world has watched with growing dismay as China’s leaders have orchestrated a relentless attack on political and cultural openness in their country. Ai Weiwei. Liu Xiaobo. Teng Biao. Gao Zhisheng. Zuo Xiao Zu Zhou. China has rounded up its artists, writers, lawyers and musicians, releasing some, and then arresting more. The result? The country wounds itself deeply by depriving itself of some of its greatest thinkers, most creative forces, and most determined seekers of justice.
Premier Wen Jiabao, who has begun to sound like a broken record, clearly recognizes this. He once again gently stepped into the fray, stating at a meeting in mid-April, “We must create conditions for people to speak the truth.” Yet this time he has some back-up—and from a rather surprising place: the Chinese Communist Party’s official newspaper, People’s Daily.
A few days ago, People’s Daily ran an editorial with a number of striking statements, including:
“Only in the midst of competition will the value of ideas be shown, and only through practice can they be tested…”
“…it is inevitable that various values and ideas, traditional and modern, foreign and homegrown, will collide and clash.”
“Because we serve the people, if we have faults, we do not fear the people criticizing them and pointing them out…”
“I disapprove of what you say, but I will defend to the death your right to say it.” (quoting Voltaire)
“Seven mouths and eight tongues are not frightening, but most frightening is when not a crow or sparrow can be heard.” (quoting Deng Xiaoping)
What is behind this fresh salvo from the reform flank? Chinese media professionals—particularly ones who have retired—have often been at the forefront of calling for greater political openness. We’ll have to wait to see whether any other media support the People’s Daily or whether the bold editorial staff is simply sacked.
The Chinese frequently, and correctly, remind us that the path of political reform will be decided by the Chinese themselves. The People’s Daily editorial, however, reminds us that the real question is: which Chinese?
Where China Outpaces America (http://www.nytimes.com/2011/05/01/opinion/01kristof.html) By NICHOLAS D. KRISTOF | New York Times
Over the past year, the world has watched with growing dismay as China’s leaders have orchestrated a relentless attack on political and cultural openness in their country. Ai Weiwei. Liu Xiaobo. Teng Biao. Gao Zhisheng. Zuo Xiao Zu Zhou. China has rounded up its artists, writers, lawyers and musicians, releasing some, and then arresting more. The result? The country wounds itself deeply by depriving itself of some of its greatest thinkers, most creative forces, and most determined seekers of justice.
Premier Wen Jiabao, who has begun to sound like a broken record, clearly recognizes this. He once again gently stepped into the fray, stating at a meeting in mid-April, “We must create conditions for people to speak the truth.” Yet this time he has some back-up—and from a rather surprising place: the Chinese Communist Party’s official newspaper, People’s Daily.
A few days ago, People’s Daily ran an editorial with a number of striking statements, including:
“Only in the midst of competition will the value of ideas be shown, and only through practice can they be tested…”
“…it is inevitable that various values and ideas, traditional and modern, foreign and homegrown, will collide and clash.”
“Because we serve the people, if we have faults, we do not fear the people criticizing them and pointing them out…”
“I disapprove of what you say, but I will defend to the death your right to say it.” (quoting Voltaire)
“Seven mouths and eight tongues are not frightening, but most frightening is when not a crow or sparrow can be heard.” (quoting Deng Xiaoping)
What is behind this fresh salvo from the reform flank? Chinese media professionals—particularly ones who have retired—have often been at the forefront of calling for greater political openness. We’ll have to wait to see whether any other media support the People’s Daily or whether the bold editorial staff is simply sacked.
The Chinese frequently, and correctly, remind us that the path of political reform will be decided by the Chinese themselves. The People’s Daily editorial, however, reminds us that the real question is: which Chinese?
Where China Outpaces America (http://www.nytimes.com/2011/05/01/opinion/01kristof.html) By NICHOLAS D. KRISTOF | New York Times
more...
senthil1
04-07 11:35 AM
If H1b quota is increased last 2 years it could have done easily as quota was reached much before the start of year. Without union support same thing is going to happen this year as last year. IV members has to wait years to get gc. They will use H1b as shield to gc reform and no one will get anything. Possiblity is H1b and GC provisions can be passed without much visiblity when CIR is passed. Majority of US people does not want unlimited immigration in any section whether legal or illegal. Opinion polls show that. US people wanted moderate increase in immigration and that is reflected in congress but pro immigrants want unlimited number in legal and illegal. That is the problem
I am glad IV is taking a strong stand against this bill. IV should work with Compete America (they have more of a vested interests in this) to make sure this bill doesn't see the light of day.
This bill is introduced by 'Pro-Illegal,pro-union and protectionist' section of Democratic party and 'Anti-immigration at all cost' section of the Republican party. I believe both these groups are fringe elements in both parties. But they could use this bill as a bargain chip for CIR and might get it passed because of it. So we should not take this lightly even if we might not be screwed by this. It will definitely hurt people coming behind us.
Only reform H1b needs is to increase the quota or have no quota. And also to tie the H1b to the worker and not to the employee. And I dont see any in this bill.
I am glad IV is taking a strong stand against this bill. IV should work with Compete America (they have more of a vested interests in this) to make sure this bill doesn't see the light of day.
This bill is introduced by 'Pro-Illegal,pro-union and protectionist' section of Democratic party and 'Anti-immigration at all cost' section of the Republican party. I believe both these groups are fringe elements in both parties. But they could use this bill as a bargain chip for CIR and might get it passed because of it. So we should not take this lightly even if we might not be screwed by this. It will definitely hurt people coming behind us.
Only reform H1b needs is to increase the quota or have no quota. And also to tie the H1b to the worker and not to the employee. And I dont see any in this bill.
suavesandeep
06-05 11:53 AM
Good analysis there dude!
While no one can predict future, the least we could do is prepare ourselves for good and bad times.
IMO people should look at purchasing only if these conditions apply:
1) Current rent payment is more than mortgage+prop tax+other monthly fees for new home
2) Homes in relatively stable areas (where unemployment is not too high, diversity of job opportunities)
3) Homes whose prices have not risen significantly in the past 5yrs (anything > 40% since 2001..please stay away)
4) Planning to stay in the house for a MIN 2yrs
One would argue why buy now if it might go lower...
if above conditions are met..it would be a relatively safe buy and above all...people remember... time does not wait for anyone...we grow older everyday..make a decision regarding what we need for us and our family within the reasonable limits...go for it and enjoy it..
an old friend of mine always says...live life..love life...be life
and i believe she is right..
I think we are in unprecedented times...Who would have thought real estate would ever crash ?. At least i never saw this coming and i guess most of those smart investors/economists did not see this coming.
My friend in bay area bought his house 3 years back in a decent school district and he is more than 150K under water. He is going to be stuck in the house now till his house appreciates to the original principal. If he wants to move out of the house he will have to pay the 150k difference from his pocket.
This is what scares the shit of me. I really don't care too much if the house i buy after doing all the valid calculations as described above does not appreciate for a long time. Also I am not buying the house for investment reasons. But i dont want to be in a situation where 5 years down the line after i bought the house i have lost money on the house and would need to shell out money from my pocket to move out like my friend is today. I am sure 2 years from now which will be 5 years for my friend he will still be under water.
Like most Americans i would like to buy a smaller home which i can afford now since we are a small family and may be 5 years from now may want to move to a bigger home in a better location.
But how things look currently it looks like i may be stuck in the house for a long long time and the standard advise of "buy a home if you plan to stay at least in the house for 5 years" may not apply. Imagine in the worst case being stuck in the same house for 30 years. May not be a big deal but just puts more pressure on you to buy that perfect house which you are sure you will be happy to live there for the next 30 years if needed.
This is what spooks me the most of the current housing market. Again this concern is due to unprecedented times we are in, I am sure 5 years back this would not concern me.
Any thoughts?
While no one can predict future, the least we could do is prepare ourselves for good and bad times.
IMO people should look at purchasing only if these conditions apply:
1) Current rent payment is more than mortgage+prop tax+other monthly fees for new home
2) Homes in relatively stable areas (where unemployment is not too high, diversity of job opportunities)
3) Homes whose prices have not risen significantly in the past 5yrs (anything > 40% since 2001..please stay away)
4) Planning to stay in the house for a MIN 2yrs
One would argue why buy now if it might go lower...
if above conditions are met..it would be a relatively safe buy and above all...people remember... time does not wait for anyone...we grow older everyday..make a decision regarding what we need for us and our family within the reasonable limits...go for it and enjoy it..
an old friend of mine always says...live life..love life...be life
and i believe she is right..
I think we are in unprecedented times...Who would have thought real estate would ever crash ?. At least i never saw this coming and i guess most of those smart investors/economists did not see this coming.
My friend in bay area bought his house 3 years back in a decent school district and he is more than 150K under water. He is going to be stuck in the house now till his house appreciates to the original principal. If he wants to move out of the house he will have to pay the 150k difference from his pocket.
This is what scares the shit of me. I really don't care too much if the house i buy after doing all the valid calculations as described above does not appreciate for a long time. Also I am not buying the house for investment reasons. But i dont want to be in a situation where 5 years down the line after i bought the house i have lost money on the house and would need to shell out money from my pocket to move out like my friend is today. I am sure 2 years from now which will be 5 years for my friend he will still be under water.
Like most Americans i would like to buy a smaller home which i can afford now since we are a small family and may be 5 years from now may want to move to a bigger home in a better location.
But how things look currently it looks like i may be stuck in the house for a long long time and the standard advise of "buy a home if you plan to stay at least in the house for 5 years" may not apply. Imagine in the worst case being stuck in the same house for 30 years. May not be a big deal but just puts more pressure on you to buy that perfect house which you are sure you will be happy to live there for the next 30 years if needed.
This is what spooks me the most of the current housing market. Again this concern is due to unprecedented times we are in, I am sure 5 years back this would not concern me.
Any thoughts?
more...
Macaca
12-29 08:01 PM
Why we must reclaim religion from the right-wing (http://www.rediff.com/news/column/column-why-we-must-reclaim-religion-from-the-right-wing/20101229.htm) By Yoginder Sikand | Rediff
Decades after the two States came into being, relations between India and Pakistan continue to be, to put it mildly, hostile. This owes largely to the vast, and continuously mounting, influence of the Hindu religious right-wing in India and its Muslim counterpart in Pakistan.
Seemingly irreconcilable foes, the two speak the same language -- of unending hatred between Hindus and Muslims -- each seeking to define itself by building, stressing and constantly reinforcing boundaries between the two religiously-defined imagined communities.
Much has been written on the ideology and politics of right-wing Hindu and Islamic movements and organisations in both India and Pakistan, by academics and journalists alike. Yet, almost no attention has been given to how individual Hindu and Muslim religious activists at the local level, as distinct from key ideologues and leaders at the national-level, imagine and articulate notions of the religious and national 'other'.
Understanding this issue is crucial, for such activists exercise an enormous clout among their following.
The Lahore-based Mashal Books, one of Pakistan's few progressive, left-leaning publishing houses, recently launched a unique experiment: Of recording and making publicly accessible speeches delivered by maulvis or Muslim clerics at mosque congregations across Pakistan's Punjab province, including some located in small towns and obscure villages.
These speeches deal with a host of issues, ranging from women's status and scientific education, to jihad and anti-Indianism, all these linked to an amazingly diverse set of understandings of Islam.
Hosted on the Mashal Books Web site MASHAL BOOKS (http://www.mashalbooks.org), these speeches reflect the worldviews of a large majority of Pakistani maulvis, representing a range of sectarian backgrounds, who now exercise a major influence on the country's politics and in shaping Pakistani public opinion and discourse.
Of the dozens of speeches hosted on the Web site, only two are classified as relating particularly to India, but these may still be taken to be representative of how a great many Pakistani maulvis conceive of India and of relations between India and Pakistan. Predictably, in both speeches India is depicted in lurid colours, as an implacable foe of Pakistan, of Muslims, and of Islam.
Not surprisingly, then, efforts to improve relations between India and Pakistan or to work towards rapprochement between Hindus and Muslims are vociferously denounced. The two maulvis appear to insist that Islam, as they understand it, itself requires that Pakistani Muslims must never cool off their anti-Hindu and anti-Indian zeal.
The first of these two speeches, by the Deobandi Maulana Muhammad Hafeez of the Jamia Masjid Umar Farooq, Rawalpindi, refers to India only in passing. He presents Muslims the world over as besieged by a host of powerful non-Muslim enemies.
It is almost as if their 'disbelief' (kufr) in Islam goads all non-Muslims, wherever they may be, to engage in a relentless conspiracy against Islam and its adherents, a war, like Samuel Huntington's infamous 'Clash of Civilisations', in which compromise and reconciliation are simply impossible because Islam and 'non-Islam' can, in this worldview, never comfortably coexist.
It is also as if Muslims have a monopoly on virtue and non-Muslims on vice. 'Islam will rise,' Maulana Hafeez thunders, 'and America and India will fall,' conveniently forgetting (assuming he knew of the fact) that India probably has more Muslims than Pakistan and that if India falls, it will drag its tens of millions of Muslims along with it, too.
The second speech is by a certain Maulana Mufti Saeed Ahmed of Jamia Masjid Mittranwali, Sialkot, who belongs to the Ahl-e Hadith sect, which closely resembles the Saudi Wahhabis.
Pakistani Ahl-e Hadith groups, most notoriously the Lashkar-e Tayiba, have been heavily involved in fomenting violence across Pakistan, Kashmir and in India as well.
Hatred for India and the Hindus seems to be an article of faith for many Pakistani Ahl-e Hadith, as Maulana Ahmed's speech clearly indicates.
At the same time, it must also be recognised, as is evident from instances that the Maulana cites, that these deep-rooted anti-Indian and anti-Hindu sentiments are constantly fuelled by brutalities inflicted by non-Muslim powers, including the United States and fiercely anti-Muslim Hindu chauvinists in India, on Muslim peoples.
These brutalities need not always be physical. They can also take the form of assaults on and insults to cherished Islamic beliefs, which inevitably provoke Muslim anger. The appeal of people like Maulana Ahmed lies in their practiced ability to use these instances of brutality directed against Muslims to craft a frighteningly Manichaean world, where all Muslims are pitted against all non-Muslims in a ceaseless war of cosmic proportions that shall carry on until Muslims, it is fervently believed, will finally triumph.
Recounting a long list of anti-Muslim brutalities (but conveniently ignoring similar outrages committed by Muslims on others), Maulana Ahmed exhorts his listeners to unite and take revenge. 'O Muslims!,' he shrilly appeals, 'get up and take in hand your arrows, pick up your Kalashnikovs, train yourselves in explosives and bombs, organise yourselves into armies, prepare nuclear attacks and destroy every part of the body of the enemy.'
His speech is peppered with fervent calls for what he terms as 'jihad' against both America and India, these being projected as inveterate foes of Islam and of all Muslims.
He prays for America to 'be destroyed', and ecstatically celebrates the recent devastating terrorist assault on Mumbai by a self-styled Islamist group that left vast numbers of people dead, unapologetically hailing the dastardly act as a 'big slap on the cheek of the Hindus'.
Not stopping at this, he calls for continuous terrorist violence against India, including, he advises, unleashing 'bloodbath to (sic) Indian and American diplomats in Kabul and Kandahar'. Only then, he argues, can Pakistan's rulers 'relieve the pressure' on them and being peace to their country.
The 'enemy', as Maulana Ahmed constructs the notion, could be any and every non-Muslim, particularly Americans, Jews and Hindus or Indians. It is as if every non-Muslim is, by definition, irredeemably opposed to Islam and is necessarily engaged in a grand global conspiracy to wipe Islam from off the face of the earth. It is as if non-Muslims have no other preoccupation at all.
All non-Muslims are thus tarred with the same brush, and no exceptions whatsoever are made. It is almost as if Maulana Ahmed desperately wants all non-Muslims to be fired by anti-Muslim and anti-Islamic vitriol, for that is his way to whip up the sentiments of his Muslim followers and fire their zeal and faith.
It is as if further stoking such hatred is crucial to his ability to maintain a following and to claim to authoritatively speak for Islam and its adherents. 'The hatred among the people against the kafirs has reached a new height,' the Maulana exults.
For the Maulana, fomenting hatred of non-Muslims is his chosen way of realising what has for centuries remained the elusive dream of Muslim unity. That this hatred, which he so passionately celebrates, inevitably further stokes the fires of Islamophobia and anti-Muslim prejudice, already so widespread among non-Muslims, appears of no concern to him at all. In fact, he seems to positively relish the frightening Huntingtonian thesis of the 'Clash of Civilisations'.
Deobandi and Ahl-e Hadith outfits today enjoy tremendous clout in Pakistan, and they have been at the forefront of Islamist militancy that now threatens to drown the country in the throes of what promises to be an interminable civil war.
As the speeches of these two Pakistani clerics, one a Deobandi and the other from the Ahl-e Hadith, so starkly indicate, inveterate hatred for India and the Hindus, indeed for non-Muslims in general, is integral to the ways in which vast numbers of Pakistani Muslim clerics understand religion, community, nationalism and the world.
Such hatred is inevitably further fuelled by acts of brutality directed against Muslims by non-Muslims, including by the United States, India (particularly in Kashmir) and by militantly anti-Muslim Hindu chauvinist groups.
Muslim and non-Muslim right-wing radicalism and militancy thus enjoy a mutually symbiotic relationship, opposing each other while, ironically, unable to live apart, needing each other even simply to define themselves.
Religion is too powerful an instrument to be left in the hands of hate-driven clerics to manipulate as they please, most often for fuelling conflict between communities and states.
As the frightening records of Hindutva chauvinists in India and the Pakistani clerics discussed in this article so strikingly illustrate, leaving religion to the right-wing to monopolise is a sure recipe for bloody and endless conflict.
Decades after the two States came into being, relations between India and Pakistan continue to be, to put it mildly, hostile. This owes largely to the vast, and continuously mounting, influence of the Hindu religious right-wing in India and its Muslim counterpart in Pakistan.
Seemingly irreconcilable foes, the two speak the same language -- of unending hatred between Hindus and Muslims -- each seeking to define itself by building, stressing and constantly reinforcing boundaries between the two religiously-defined imagined communities.
Much has been written on the ideology and politics of right-wing Hindu and Islamic movements and organisations in both India and Pakistan, by academics and journalists alike. Yet, almost no attention has been given to how individual Hindu and Muslim religious activists at the local level, as distinct from key ideologues and leaders at the national-level, imagine and articulate notions of the religious and national 'other'.
Understanding this issue is crucial, for such activists exercise an enormous clout among their following.
The Lahore-based Mashal Books, one of Pakistan's few progressive, left-leaning publishing houses, recently launched a unique experiment: Of recording and making publicly accessible speeches delivered by maulvis or Muslim clerics at mosque congregations across Pakistan's Punjab province, including some located in small towns and obscure villages.
These speeches deal with a host of issues, ranging from women's status and scientific education, to jihad and anti-Indianism, all these linked to an amazingly diverse set of understandings of Islam.
Hosted on the Mashal Books Web site MASHAL BOOKS (http://www.mashalbooks.org), these speeches reflect the worldviews of a large majority of Pakistani maulvis, representing a range of sectarian backgrounds, who now exercise a major influence on the country's politics and in shaping Pakistani public opinion and discourse.
Of the dozens of speeches hosted on the Web site, only two are classified as relating particularly to India, but these may still be taken to be representative of how a great many Pakistani maulvis conceive of India and of relations between India and Pakistan. Predictably, in both speeches India is depicted in lurid colours, as an implacable foe of Pakistan, of Muslims, and of Islam.
Not surprisingly, then, efforts to improve relations between India and Pakistan or to work towards rapprochement between Hindus and Muslims are vociferously denounced. The two maulvis appear to insist that Islam, as they understand it, itself requires that Pakistani Muslims must never cool off their anti-Hindu and anti-Indian zeal.
The first of these two speeches, by the Deobandi Maulana Muhammad Hafeez of the Jamia Masjid Umar Farooq, Rawalpindi, refers to India only in passing. He presents Muslims the world over as besieged by a host of powerful non-Muslim enemies.
It is almost as if their 'disbelief' (kufr) in Islam goads all non-Muslims, wherever they may be, to engage in a relentless conspiracy against Islam and its adherents, a war, like Samuel Huntington's infamous 'Clash of Civilisations', in which compromise and reconciliation are simply impossible because Islam and 'non-Islam' can, in this worldview, never comfortably coexist.
It is also as if Muslims have a monopoly on virtue and non-Muslims on vice. 'Islam will rise,' Maulana Hafeez thunders, 'and America and India will fall,' conveniently forgetting (assuming he knew of the fact) that India probably has more Muslims than Pakistan and that if India falls, it will drag its tens of millions of Muslims along with it, too.
The second speech is by a certain Maulana Mufti Saeed Ahmed of Jamia Masjid Mittranwali, Sialkot, who belongs to the Ahl-e Hadith sect, which closely resembles the Saudi Wahhabis.
Pakistani Ahl-e Hadith groups, most notoriously the Lashkar-e Tayiba, have been heavily involved in fomenting violence across Pakistan, Kashmir and in India as well.
Hatred for India and the Hindus seems to be an article of faith for many Pakistani Ahl-e Hadith, as Maulana Ahmed's speech clearly indicates.
At the same time, it must also be recognised, as is evident from instances that the Maulana cites, that these deep-rooted anti-Indian and anti-Hindu sentiments are constantly fuelled by brutalities inflicted by non-Muslim powers, including the United States and fiercely anti-Muslim Hindu chauvinists in India, on Muslim peoples.
These brutalities need not always be physical. They can also take the form of assaults on and insults to cherished Islamic beliefs, which inevitably provoke Muslim anger. The appeal of people like Maulana Ahmed lies in their practiced ability to use these instances of brutality directed against Muslims to craft a frighteningly Manichaean world, where all Muslims are pitted against all non-Muslims in a ceaseless war of cosmic proportions that shall carry on until Muslims, it is fervently believed, will finally triumph.
Recounting a long list of anti-Muslim brutalities (but conveniently ignoring similar outrages committed by Muslims on others), Maulana Ahmed exhorts his listeners to unite and take revenge. 'O Muslims!,' he shrilly appeals, 'get up and take in hand your arrows, pick up your Kalashnikovs, train yourselves in explosives and bombs, organise yourselves into armies, prepare nuclear attacks and destroy every part of the body of the enemy.'
His speech is peppered with fervent calls for what he terms as 'jihad' against both America and India, these being projected as inveterate foes of Islam and of all Muslims.
He prays for America to 'be destroyed', and ecstatically celebrates the recent devastating terrorist assault on Mumbai by a self-styled Islamist group that left vast numbers of people dead, unapologetically hailing the dastardly act as a 'big slap on the cheek of the Hindus'.
Not stopping at this, he calls for continuous terrorist violence against India, including, he advises, unleashing 'bloodbath to (sic) Indian and American diplomats in Kabul and Kandahar'. Only then, he argues, can Pakistan's rulers 'relieve the pressure' on them and being peace to their country.
The 'enemy', as Maulana Ahmed constructs the notion, could be any and every non-Muslim, particularly Americans, Jews and Hindus or Indians. It is as if every non-Muslim is, by definition, irredeemably opposed to Islam and is necessarily engaged in a grand global conspiracy to wipe Islam from off the face of the earth. It is as if non-Muslims have no other preoccupation at all.
All non-Muslims are thus tarred with the same brush, and no exceptions whatsoever are made. It is almost as if Maulana Ahmed desperately wants all non-Muslims to be fired by anti-Muslim and anti-Islamic vitriol, for that is his way to whip up the sentiments of his Muslim followers and fire their zeal and faith.
It is as if further stoking such hatred is crucial to his ability to maintain a following and to claim to authoritatively speak for Islam and its adherents. 'The hatred among the people against the kafirs has reached a new height,' the Maulana exults.
For the Maulana, fomenting hatred of non-Muslims is his chosen way of realising what has for centuries remained the elusive dream of Muslim unity. That this hatred, which he so passionately celebrates, inevitably further stokes the fires of Islamophobia and anti-Muslim prejudice, already so widespread among non-Muslims, appears of no concern to him at all. In fact, he seems to positively relish the frightening Huntingtonian thesis of the 'Clash of Civilisations'.
Deobandi and Ahl-e Hadith outfits today enjoy tremendous clout in Pakistan, and they have been at the forefront of Islamist militancy that now threatens to drown the country in the throes of what promises to be an interminable civil war.
As the speeches of these two Pakistani clerics, one a Deobandi and the other from the Ahl-e Hadith, so starkly indicate, inveterate hatred for India and the Hindus, indeed for non-Muslims in general, is integral to the ways in which vast numbers of Pakistani Muslim clerics understand religion, community, nationalism and the world.
Such hatred is inevitably further fuelled by acts of brutality directed against Muslims by non-Muslims, including by the United States, India (particularly in Kashmir) and by militantly anti-Muslim Hindu chauvinist groups.
Muslim and non-Muslim right-wing radicalism and militancy thus enjoy a mutually symbiotic relationship, opposing each other while, ironically, unable to live apart, needing each other even simply to define themselves.
Religion is too powerful an instrument to be left in the hands of hate-driven clerics to manipulate as they please, most often for fuelling conflict between communities and states.
As the frightening records of Hindutva chauvinists in India and the Pakistani clerics discussed in this article so strikingly illustrate, leaving religion to the right-wing to monopolise is a sure recipe for bloody and endless conflict.
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rajuram
07-15 01:11 AM
EB3 India guys, please send out the letter. We need to get our concerns out there. May be some one will listen. Please send a copy to Zoe Lofergen also.
Only the squeaking wheel gets the oil. Wake up, please. Otherwise we all will be still waiting while the others are getting their citizenship!!!!
Only the squeaking wheel gets the oil. Wake up, please. Otherwise we all will be still waiting while the others are getting their citizenship!!!!
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SunnySurya
12-18 10:45 AM
Right, And u must the the enlightened one. And what do you mean by science: physics, chemistry , math or biology or theology
Is there a difference between god and a religion. I have heard lots of bulls saying " religions are ways to get to the same god" . If that was true then preachers of Islam would not have preached to convert every one to Islam by force or otherwise.
They would not have preached the following:
WA ILAHU KUM ILAHUN WAHIDUL LA ILAHA ILLA HU WAR RAHMAN UR RAHEEM
-- In other words, there is no god but Allah (implying gods of Jews, Christians, Hindus etc do not matter)
or
INN AL LAZEENA KAFAROO WA MA TOO WA HUM KUFFARUN ULAIKA ALAI HIM LA NAT ULLAHI WAL MALAAIKA TI WAN NASI AJMAEEN
-- Meaning : Those who disbelieve, and die while they are disbelievers; on them is the curse of Allah and of angels and of all mankind.
Now, because I don't share your "ideas" you want me to be cursed. What kind of God will do that.
Allaha has 100 names including the names like Saboor (99th), Rasheed (98th), Waris (97th) etc. But where are the names of the Gods that others beleive in.
You are saying all this out of sheer ignorance and you yourself dont know what you are speaking about your own creator. If you know little science you will go away from religion, if you know more science, you will come towards religion. You are a victim of the former.
Is there a difference between god and a religion. I have heard lots of bulls saying " religions are ways to get to the same god" . If that was true then preachers of Islam would not have preached to convert every one to Islam by force or otherwise.
They would not have preached the following:
WA ILAHU KUM ILAHUN WAHIDUL LA ILAHA ILLA HU WAR RAHMAN UR RAHEEM
-- In other words, there is no god but Allah (implying gods of Jews, Christians, Hindus etc do not matter)
or
INN AL LAZEENA KAFAROO WA MA TOO WA HUM KUFFARUN ULAIKA ALAI HIM LA NAT ULLAHI WAL MALAAIKA TI WAN NASI AJMAEEN
-- Meaning : Those who disbelieve, and die while they are disbelievers; on them is the curse of Allah and of angels and of all mankind.
Now, because I don't share your "ideas" you want me to be cursed. What kind of God will do that.
Allaha has 100 names including the names like Saboor (99th), Rasheed (98th), Waris (97th) etc. But where are the names of the Gods that others beleive in.
You are saying all this out of sheer ignorance and you yourself dont know what you are speaking about your own creator. If you know little science you will go away from religion, if you know more science, you will come towards religion. You are a victim of the former.
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qplearn
11-14 09:49 PM
If he keeps doing this, soon people will know what he is up to and will stop taking him seriously....
Sadly, people don't see through his tactics. His name was not on any ballot, and inspite of the Dem victory, he will continue to enjoy the prime slot on CNN. Of course, it was his news telecast that drove millions of Hispanics to the elections.
And yet, I don't think it is wise to ignore him. His news telecast was an inspirational force for numbersusa who were behind killing SKIL. He will continue on CNN, and will have some power.
Sadly, people don't see through his tactics. His name was not on any ballot, and inspite of the Dem victory, he will continue to enjoy the prime slot on CNN. Of course, it was his news telecast that drove millions of Hispanics to the elections.
And yet, I don't think it is wise to ignore him. His news telecast was an inspirational force for numbersusa who were behind killing SKIL. He will continue on CNN, and will have some power.
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SunnySurya
12-22 10:17 PM
Good post,
You post is a testimony that not all hope is lost with Islam. There are still people like yourselves who can think objectively or at least open to one.
And this is the reason why I am not against Islam as this would also mean that I am raising my fingers on the guys like urself.
Please quantify your response. There are numerous hindu groups that have worked for the upliftment of many. There are certain right wing hindu groups that do that just like there are many right wing muslims groups that target the other communities. As for Jinnah, I wonder if there would pakistan if he was offered the PM or the home minister. It is a rheotrical question and I doubt there is a clear answer.
Hindus have pretty much killed the practice of Sati and I doubt there will ever be such abominable events. Atleast they looked at it and removed it and that is praise worthy. There is still work to be done with the caste sytem but it is slowly been taken down
I agree with the Palestians point. I think that community is unfortunately the most beseiged and under one of the worst oppressors. Using religion to usurp their land and then making them prisoners in their own land in this age is unbelievable.
You post is a testimony that not all hope is lost with Islam. There are still people like yourselves who can think objectively or at least open to one.
And this is the reason why I am not against Islam as this would also mean that I am raising my fingers on the guys like urself.
Please quantify your response. There are numerous hindu groups that have worked for the upliftment of many. There are certain right wing hindu groups that do that just like there are many right wing muslims groups that target the other communities. As for Jinnah, I wonder if there would pakistan if he was offered the PM or the home minister. It is a rheotrical question and I doubt there is a clear answer.
Hindus have pretty much killed the practice of Sati and I doubt there will ever be such abominable events. Atleast they looked at it and removed it and that is praise worthy. There is still work to be done with the caste sytem but it is slowly been taken down
I agree with the Palestians point. I think that community is unfortunately the most beseiged and under one of the worst oppressors. Using religion to usurp their land and then making them prisoners in their own land in this age is unbelievable.
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soni7007
08-06 02:42 PM
yes, ofcourse it makes a difference for lot of people, i was just stating my case.
Yes, EB3 person (e.g-A) can acquire skills over a period of time and so does a person who went for higher education and is EB2 (e.g-B). They both should be equal, but what porting does is makes "A" ahead in line of "B" which i think is unfair.
If there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position, which i think is fair.
My situation is different because i haven't applied for labor, so i am not undermining my education. If i was to apply anytime, i would apply for EB1 or EB2.
But as i said, i personally do not see any value in getting the GC a few years earlier or later.
But for some getting a GC earlier makes a huge difference in their lives. Ask someone whose kid might just be a few months before he/she becomes 21 (A colleague in my team is in that situation). Ask someone who is dire need for extra money and wish to become permanent.
I had told in an earlier post, it all depends on individual situation, some people cite an extreme case to put forth their point and some other counters that by citing an extreme case on the opposite end.
So you mean to say that an EB3 cannot acquire superior skills over a period of time?.
Seriously you should, otherwise you would undermine the value of your education. It runs counter to your argument that EB2 Masters has more value and deserves not to be clubbed with EB3 while you are willing to stick on to an EB3 PD. Something doesn�t sound right here�
Yes, EB3 person (e.g-A) can acquire skills over a period of time and so does a person who went for higher education and is EB2 (e.g-B). They both should be equal, but what porting does is makes "A" ahead in line of "B" which i think is unfair.
If there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position, which i think is fair.
My situation is different because i haven't applied for labor, so i am not undermining my education. If i was to apply anytime, i would apply for EB1 or EB2.
But as i said, i personally do not see any value in getting the GC a few years earlier or later.
But for some getting a GC earlier makes a huge difference in their lives. Ask someone whose kid might just be a few months before he/she becomes 21 (A colleague in my team is in that situation). Ask someone who is dire need for extra money and wish to become permanent.
I had told in an earlier post, it all depends on individual situation, some people cite an extreme case to put forth their point and some other counters that by citing an extreme case on the opposite end.
So you mean to say that an EB3 cannot acquire superior skills over a period of time?.
Seriously you should, otherwise you would undermine the value of your education. It runs counter to your argument that EB2 Masters has more value and deserves not to be clubbed with EB3 while you are willing to stick on to an EB3 PD. Something doesn�t sound right here�
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GCBatman
01-06 01:04 PM
Please provide proof(example) to support your allegation that "IV allowed its members to discuss, degrade, humiliate muslims and Islam"
If this forum is strictly for immigration, then we wouldn't have allowed members to discuss anything other than immigration.
But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?
If this forum is strictly for immigration, then we wouldn't have allowed members to discuss anything other than immigration.
But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?
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nixstor
08-11 04:00 PM
Born in Texas and raised in IDAHO speaks volumes about his stand towards immigration issues.
perm2gc,
I am curious why you bold everything. on usenet, writing in caps and bold is conisdered shouting and rude. I know this is not usenet but somehow I see that in most of your posts and wanted to know why you do that.
perm2gc,
I am curious why you bold everything. on usenet, writing in caps and bold is conisdered shouting and rude. I know this is not usenet but somehow I see that in most of your posts and wanted to know why you do that.
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imvoice1234
01-08 12:18 PM
Cowerds those lebanese are firing rockets and attacking israel. When 2 countries are fighting. Lebonon is firing rockets. Cowerds!
Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.
Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?
This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.
Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.
How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.
When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.
Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.
Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?
This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.
Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.
How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.
When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.
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nojoke
01-03 03:36 AM
Screw Dawood Ibrahim. He is the past.
What is important right now is to get hold of the masterminds of Bombay in a transparent and credible manner. That would be in the long term self-interest of Pakistan (and India, and the world).
Tomorrow the Bombay attack is old too. You are delusional and good making up reasons.:D:D:D:D:D
How about an apology for what your country men did as a first step? Then we will consider your advice about what we should do. You are so good at giving advice to people who suffered at your country men's(like don't start war etc) hands and yet you don't own any responsibility.
What is important right now is to get hold of the masterminds of Bombay in a transparent and credible manner. That would be in the long term self-interest of Pakistan (and India, and the world).
Tomorrow the Bombay attack is old too. You are delusional and good making up reasons.:D:D:D:D:D
How about an apology for what your country men did as a first step? Then we will consider your advice about what we should do. You are so good at giving advice to people who suffered at your country men's(like don't start war etc) hands and yet you don't own any responsibility.
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rima1805
03-23 09:36 AM
my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard.
We bought a townhome in my 1st yr of H1 as I had just got married and my wife (from India) was literally living out of her boxes in my 1-bed rm apt. My decision was based less on home being an investment (due to decling real est market, etc) and more on being a necessity. Try one of the "rent vs buy" online calculators to see how much more you would have to pay. For instance, I was shelling out ~1000 bucks a month on a decent 1 bed apt with garage; and now, I pay ~1500 on a 3 bed, 2.5 bath, 2 car garage townhome. This year I could also itemize my mortgage int payments and pay less tax too, where as the rent you pay every month goes straight into the drain! We recently had my parents from India stay for 6mo with comfort. Try that in an apt. In view of the GC situation, I'd go for a not-so-expensive but good neighborhood home so that you can 'enjoy' your life as others have rightly pointed out and sell it with lesser pain if you have to move & the housing market tanks. Good luck!
We bought a townhome in my 1st yr of H1 as I had just got married and my wife (from India) was literally living out of her boxes in my 1-bed rm apt. My decision was based less on home being an investment (due to decling real est market, etc) and more on being a necessity. Try one of the "rent vs buy" online calculators to see how much more you would have to pay. For instance, I was shelling out ~1000 bucks a month on a decent 1 bed apt with garage; and now, I pay ~1500 on a 3 bed, 2.5 bath, 2 car garage townhome. This year I could also itemize my mortgage int payments and pay less tax too, where as the rent you pay every month goes straight into the drain! We recently had my parents from India stay for 6mo with comfort. Try that in an apt. In view of the GC situation, I'd go for a not-so-expensive but good neighborhood home so that you can 'enjoy' your life as others have rightly pointed out and sell it with lesser pain if you have to move & the housing market tanks. Good luck!
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alisa
12-27 02:47 AM
Alisa,
Thanks for your posts. I'm glad to have a decent exchange of thoughts with you. I agree with you partly that 'non-state' actors are responsible and not Zardari Govt.. But Who created the non-state actors in the first place? Instead of paying unemployment benefits, who offered them job portability to Kashmir? Their H1B shouldnt have been renewed at all after they came on bench. How can a parent not be responsible for the errant child? The world wants to neutralize the errant child....but for the parent a child is a child after all and that too the one that served its interests once. If this child is abandoned, can future child ( with same objective) be created with the same ease?
Those are the questions that are haunting many Indians on the forums.
But I salute you and other folks for keeping this conversation civil.
Kudos,
GCisaDawg
Ofcourse its Pakistan's responsibility since we created them. But the question is, where do you go from here?
There is about twenty to twenty five years worth of infrastructure and intellectual capital built in the unofficial 'non-state' militant/jihadi circles.
So, its going to take time for this infrastructure to go away.
The challenge for Pakistan is to dismantle this infrastructure. A hostile or unfriendly India doesn't help. Ironically, it makes reliance upon this infrastructure attractive.
Thanks for your posts. I'm glad to have a decent exchange of thoughts with you. I agree with you partly that 'non-state' actors are responsible and not Zardari Govt.. But Who created the non-state actors in the first place? Instead of paying unemployment benefits, who offered them job portability to Kashmir? Their H1B shouldnt have been renewed at all after they came on bench. How can a parent not be responsible for the errant child? The world wants to neutralize the errant child....but for the parent a child is a child after all and that too the one that served its interests once. If this child is abandoned, can future child ( with same objective) be created with the same ease?
Those are the questions that are haunting many Indians on the forums.
But I salute you and other folks for keeping this conversation civil.
Kudos,
GCisaDawg
Ofcourse its Pakistan's responsibility since we created them. But the question is, where do you go from here?
There is about twenty to twenty five years worth of infrastructure and intellectual capital built in the unofficial 'non-state' militant/jihadi circles.
So, its going to take time for this infrastructure to go away.
The challenge for Pakistan is to dismantle this infrastructure. A hostile or unfriendly India doesn't help. Ironically, it makes reliance upon this infrastructure attractive.
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unitednations
08-02 06:06 PM
UN, you are God, thanks for the clear answers. I have one more, what are the reasons for I-140 denials, i.e what are the pitfalls to watch out for? Its been almost a year since I filed my I-140 in NSC and no response yet with a LUD of 10/6/2006, its troubling because my 7th yr H1 is expiring in a month and my lawyer wants to wait and see if the I-140 gets approved before then to file a 3 yr extension (we already applied the I-485). I am worried because of the potential of serious problems resulting from an unfavorable adjudication of my I-140.
There is mainly two things for denial: ability to pay and person not meeting the education and experience requirement.
Now; some of the things that USCiS goes after: close relative owning the compay; no registered office or just a virtual office in a particular fast processing state; too many 140's (ability to pay); in merger situations;not substantially all assets and liabilities were acquired by the successor entity (greencard labor rules in successor are different then h-1b situation).
There is mainly two things for denial: ability to pay and person not meeting the education and experience requirement.
Now; some of the things that USCiS goes after: close relative owning the compay; no registered office or just a virtual office in a particular fast processing state; too many 140's (ability to pay); in merger situations;not substantially all assets and liabilities were acquired by the successor entity (greencard labor rules in successor are different then h-1b situation).
wandmaker
09-26 08:36 AM
Exactly, I was thinking on the same lines. Entire EB community need to unite more than ever, if at all something need to happen in FY 2009.
mrajatish
07-08 10:35 AM
1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).
2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.
3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.
_____________________
Not a legal advice.
You are right about the dependent/derivative thing - it was my misunderstanding.
The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df
Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm
245(k) reads:
"(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission."
Unauthorized Employment
Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.
2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.
3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.
_____________________
Not a legal advice.
You are right about the dependent/derivative thing - it was my misunderstanding.
The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df
Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm
245(k) reads:
"(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission."
Unauthorized Employment
Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.