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  • indianindian2006
    08-02 02:21 PM
    United Nations,
    I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
    Please answer on simple question for me....
    What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.




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  • Macaca
    05-09 05:48 PM
    Utah's Immigration Model (http://online.wsj.com/article/SB10001424052748703859304576304942483922996.html) Wall Street Journal Editorial

    If the states are meant to be laboratories of democracy, they have to get a chance to actually run their experiments. That's the story in Utah, where a new state immigration law is catching flak even before it goes into effect.

    In a Senate Judiciary hearing on Wednesday, Attorney General Eric Holder said the law, which combines enforcement measures with a guest worker program, needs to be adjusted or face federal lawsuits. Pressed on whether the Administration planned to sue Utah, Mr. Holder said the Department of Justice "will look at the law, and if it is not changed to our satisfaction by 2013, we will take the necessary steps."

    That's a tad awkward for the Attorney General, since the Utah plan probably looks a lot like what the federal government will end up considering if immigration reform has any hope of passing. Last summer, the Administration pounced like election-year politicians on an Arizona law that enlisted local police to enforce federal immigration statutes. So what's a state to do?

    Passed by the state's GOP legislature and signed by Republican Governor Gary Herbert in March, Utah's plan is notable because it's the first in the country that would allow undocumented immigrants to get a permit and work legally, after paying a fine of up to $2500 and meeting other conditions. The program is part of a larger package that includes increased scrutiny of immigrants who break the law. The compromise allows the state to address the economy's demand for workers�thus reducing the incentive for illegal immigration�while satisfying voters who don't want to reward those who arrived illegally.

    Like Arizona, Utah is already fending off lawsuits from the left. On Tuesday, the American Civil Liberties Union and the National Immigration Law Center sued to stop the portion of the law similar to the one in Arizona that enlists state and local police in the effort to identify illegal immigrants. In Utah's version, anyone who is arrested for a felony or serious misdemeanor has to show proof of citizenship.

    Unlike measures that unite talk radio hosts and labor unions against "amnesty," the Utah law doesn't create a path to citizenship or have any effect on an immigrant's legal status. That model could work for other states looking for a bipartisan compromise. Republican legislators in Texas have introduced similar legislation for guest worker programs, and Nebraska lawmakers plan to travel to Utah to learn more about the new law.

    Critics of state immigration laws often maintain that those decisions are the province of the federal government. Article 1, Section 8 of the Constitution grants Congress the power "To establish an uniform Rule of Naturalization," and it's possible Utah might lose in court. But what are states to do when the federal government is unable to act on immigration? Utah's laws don't grant legal status to undocumented workers; they grant a work permit. Does the federal government have the power over such employment decisions?

    States are passing these laws because Congress has abdicated. Instead of ordering Utah to step back in line, or else, the Administration might consider what it can learn from Utah legislators who made a good faith effort to balance competing interests and solve a problem.




    Immigration: A better farm worker fix (http://www.latimes.com/news/opinion/opinionla/la-ed-visa-20110509,0,7562015.story) Los Angeles Times Editorial
    U.S. Warns Schools Against Checking Immigration Status (http://www.nytimes.com/2011/05/07/education/07immig.html) By KIRK SEMPLE | New York Times
    Is the Asian Century upon us? It depends (http://www.theglobeandmail.com/news/opinions/opinion/is-the-asian-century-upon-us-it-depends/article2011668/) By HARUHIKO KURODA | Globe and Mail Update
    Immigration North of the Border (http://www.huffingtonpost.com/hazeen-ashby/immigration-north-of-the-_b_857441.html) By Hazeen Ashby | The Huffington Post
    Another project in trouble
    First the euro, now Schengen. Europe�s grandest integration projects seem to be suffering (http://www.economist.com/node/18618525)
    The Economist
    Smugglers Guide Illegal Immigrants With Cues via Cellphone (http://www.nytimes.com/2011/05/09/us/09coyotes.html) By MARC LACEY | New York Times
    As Barriers to Lawyers Persist, Immigrant Advocates Ponder Solutions (http://www.nytimes.com/2011/05/04/nyregion/barriers-to-lawyers-persist-for-immigrants.html) By SAM DOLNICK | New York Times
    Lawyers for Immigrants (http://www.nytimes.com/2011/05/09/opinion/l09immig.html) Letters | New York Times




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  • Pineapple
    11-09 02:20 PM
    Not to split hairs, but I do not think Lou Dobbs is really "Republican" as far as the core political philosophy of GOP goes, and the same goes for Tancerdo et all. All are extremist nuts and never had any mainstream following. But there is a difference: Forget the fact that he is a pathetic opportunist who switched from financial analysis to immigrant bashing simply because the latter generated more ratings than the former. He positions himself as a anti-globalization nativist, and would find more sympathizers in the loony left rather than the loony right. Tancerdo etc are thinly disguised white-supremacists / nativists and their natural base is the far far right Ku Klux Klan nuts.

    In any case, there is nothing special about this election which teaches us to ignore the idiots. Most americans are distinctly uncomfortable with the rants of these guys and therefore Lou dobbs would always remain irrelevant. The world moves not because Lou says it does.. it moves regardless.




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  • BMS
    07-11 10:09 AM
    Thanks Milind70,

    I had submitted the lattest I 94 to my company

    but somehow they filed ext with I 94 that came along with i 797

    now i will get three yr ext with I 140 cleared

    then i can get new i 94 with stamping

    You mean,
    talk to immigration officer now at local off?
    can they correct that i doubt since its already expired and i have new I797 with I94



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  • nojoke
    04-06 01:57 PM
    Quoting from various sources

    Slower building? �The demand for new homes in the Columbia region slowed significantly so far this year. Builders in Richland, Lexington and Kershaw counties saw a 33 percent drop to 1,082 single-family homes in the first three months of the year, according to the Home Builders Association of Greater Columbia.�
    ��We were expecting a downturn. I don�t know if I was expecting that much,� association executive director Earl McLeod said.�
    ��This is the worst I�ve ever seen it,� said builder David Beck, who has worked in the Columbia area for 17 years. �We�re just riding this to see what�s going to happen. I don�t think that it�s ever going to get back to the way it was.��
    -----------------------------------------
    ��The residential real estate industry ripple effect is a blood bath,� said David Marino of Irving Hughes, which specializes in representing tenants. �When we got hit hard in 2001 through 2003 in the tech side, the residential real estate guys took a lot of that space. Today, there�s no recovering industry sector to offset� the decline from housing-related companies.�
    --------------------------------------------------

    From ABC 30. �That foreclosure crisis is hitting the Valley hard. Dozens of new homes will hit the auction block in Chowchilla this weekend.�
    �This three bedroom, two bath home has a starting price of 280-thousand dollars. That�s about 120-thousand dollars less than its previous price. And this is just one of 43 discounted homes that will be up for auction on Sunday.�
    �Project manager Ginger Hoggarth says this auction will be very different than those that sell foreclosed homes. �They are brand new homes and you do still get the one year warranty the builder would normally offer as well as a walk through.��
    ------------------------------------------

    �When the owners default, it leads to repossession rather than foreclosure, and these defaults are not included in the foreclosure data, said Moises Loza, HAC executive director. �It�s happening all over,� Loza said.�
    �Merced County, population 246,000, underwent a housing boom over the past few years that saw developments spring up on what used to be farmland, said Rep. Dennis Cardoza from Merced. Now, in towns like Atwater, housing values have dropped as much as 50 percent, the congressman said.�
    �The skeletons of houses where construction halted when the market went bust stand across a development where houses that sold for $400,000 just three years ago are now going begging at half the price.�
    --------------------------------------

    The Mountain View Voice. �Market conditions and tight money are causing some builders to shut down large housing projects here, despite relatively firm prices and brisk sales of completed homes.�
    �At least two large developments have been halted or dropped so far, after the builders were frightened off by negative signs in the housing market. Two others are rumored to face problems.�
    �Just east of Highway 237 near the Sunnyvale border is evidence of the trouble. At 505 E. Evelyn Ave., a maze of driveways makes its way around the huge lot but leads up to only four model homes on the corner. The other 147 have yet to be built, and there have been no signs of construction for nearly a year.�
    �Dave Best, the project manager at Shea Homes, denied rumors that Shea was having trouble getting bank loans for the project.�
    ��It�s not that we don�t have the money to build it, we just have decided not to put our efforts in that particular project,� he said. �When we determine the market has come back and it makes sense to build, we will continue.��
    ---------------------------------------------
    The Sacramento Bee. �After all the intellectual assessments and recital of statistics about the subprime loan crisis, a woman from Chicago asked the question on the minds of many people in neighborhoods where so many have lost their homes. She asked the question in a setting far removed from those neighborhoods, at a California conference hosted earlier this week by the Federal Reserve Bank of San Francisco.�
    ��I want to know � how many people are going to jail?� asked Yevette Boutall, director of a community development fund that works in lower-income neighborhoods of Cook County.�
    ��That�s how angry people are in communities,� said Boutall. �They want to know how many people are going to go to jail, people who misled them and got away with it and earned money on their misery.��
    �In San Francisco at the Fairmont Hotel, Boutall�s question went unanswered for the moment. But it struck a real note about people bearing the consequences of a time when mortgages and home prices went wild.�
    �Speakers at the San Francisco Fed conference uniformly estimated that 2 million households will surrender their keys to lenders in the next year or two. That was their prediction despite all the voluntary lender-government agreements, the millions of dollars for new nonprofit loan counselors and the average $40,000 to $70,000 a lender loses with every foreclosure.�
    ��I wish I had better news for you in the short term,� said Tom Cunningham, director of the risk monitoring and analysis group at the Fed�s San Francisco bank.�
    �He called the situation �unprecedented. We have never seen this before.��
    �What seemed new at the Fed conference was how few major ideas there are to stop it. Speakers defined the problem, defined proposals to help assure it doesn�t happen again. But they could not be encouraging about solutions.�
    �Speakers from the Fed, NeighborWorks America, the Center for Responsible Lending, Colorado Foreclosure Prevention Task Force and JPMorgan Chase talked about proposed legislation at state capitols and in Congress. They detailed efforts to reach out to struggling borrowers. But the big number � 2 million households during the next year or two � didn�t change.�




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  • GCapplicant
    07-13 09:53 AM
    The EB3 situation is really bad...I have the calling part too...and its stressful to see EB3I not having any good hopes though.

    I am in signing this letter.

    its worth a try.Atleast they will come know there is Eb3 stuck for many years beacause of the backlog.the old applications have not been considered at all.

    I request even EB2 to support this cause and help.



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  • minimalist
    08-06 11:46 AM
    Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US. EB3 means there are a lot like u, so u gotta wait more. Period.

    Well, then why are they allocating Visas to EB3s. They should give all visas to EB2 and then only go to EB3.

    Your statement that EB2 requires higher qualification is correct. But the number of jobs requiring those qualifications are less.Doesn't mean people taking up jobs that fall into EB3 category have inferior qualifications. Think of it this way. There may be many people who may be qualified to be a CEO but there will be only one CEO for company.
    EB3 has a lot more applicants because of the 245 cases that were filed in 2001. So get off the pedestal and think normally.
    So you are an undesirable/inferior when compared to people in EB1? If you feel so then you have serious self esteem issues.
    Don't try to spread such inferiority complex.




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  • unitednations
    03-25 12:41 PM
    Thanks for the link. Essentially there are 2 issues here

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

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

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

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

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

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


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

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

    Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.



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  • krishna.ahd
    01-07 07:00 PM
    cooooool
    What a relief from these immigration issues

    Calm down guys , pleeeeeeeeeeeeeeaaaaaaaaaaaaaassssssssssssssseeeee eeeeeeeeee




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  • WaitingYaar
    04-05 05:12 PM
    jung.lee

    The analysis is interesting, but this much amount has already been written off considering 100% of option ARM, and alt-ARM will fail. Furthermore, it is worth noting that if one is buying the property for personal consumption or for invetment. If for invetment, then I agree with your assesment, but if you are buying for yourself, it always a good time :-) Home sweet home!! Also always wise to pay your own mortgage than anyone else's.

    Also, if the housing goes down further, you would see a much broader threat to the economy, so i feel that all will be done to contain it. We are currently at 2004 prices, and in some areas escalations on the foreclosed properties are are being seen.... So it tells something, that buyers who have been holding the cash are started to look around. But the inventory being so high that it may some sometime. However, the interest rates may not be friendly for long because of the inflation threat and considering the risks associated with the mortgages. So, this time with low rates, and low house pricess may not last long since these two things are generally inversly proportional!!



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  • alisa
    01-10 04:35 PM
    If you talk about history, then we should go back to the days where Muslims invaded and killed innocent people in millions. If you kill some people then it is called jihad, but if someone kill you, then it is barbarism. Palestinians and rest of Muslims should learn to live and let live people. No body wants someone's crazy ideas. Got my point? Further, don't listen to your mullahs!

    First of all, thanks for converting my argument about Europeans and native peoples into Muslims and non-Muslims. Shows us where our respective prejudices and biases lie. I am very happy when my comments on any situation are turned into a broad 'us vs them' thing. It just shows us that our primitive and primal instincts from the time when we split from the apes are still alive and kicking in some people. Its pretty fascinating for me.

    Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.

    http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html




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  • rimzhim
    02-23 08:52 AM
    here is someone who gives the real picture.

    http://www.tuftsobserver.org/news/20070223/four_myths_about_immigrat.html
    i doubt that this is the real picture. it is one opinion and full of nonsense. the article tries to defend illegal immigration. that kind of an attitude will never help us who are trying to immigrate legally. also just because legal immigration is a long and difficult process does not mean that it is okay to break the laws and become illegal. those who came here illegally could never have come legally on EB visas. so this kind of rubbish no one will buy.



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  • ita
    01-04 01:56 AM
    Please don't kid yourself ...all these points seem so shallow that there's no way one could read too much into it. I find this exchange meaningful though it took me 4 posts. Please keep playing your game.I think you proved the point that I initially raised.

    Like someone pointed out before you can't wake up someone that's pretending sleeping.

    Thank you.

    I see you have put arrows in disparate points that I had made. I think you are reading way too much in it if you see circular logic, or even a link, in those disjointed points above.

    There is a lot that has been said on this thread that I agree with. That is not 'conceding points'. Its just agreeing with something.




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  • fide_champ
    03-23 11:21 PM
    it is not just america losing - the person who has bought the house would lose his downpayment / equity too -not to speak of the mighty credit score - am I right ??
    depends on yr situation and your priorities and more important the place where you are planning to buy. is it in florida, mich, Ohio, california or nevada (I guess no - else you would not have asked this question). if you think of a house as investment and you dont want to take a loss - then wait. if you need the space desperately and you are o.k with the prospect of yr house depreciating for couple of years - then go ahead and buy. BTW there was another thread where this was discussed in detail
    http://immigrationvoice.org/forum/showthread.php?t=17986

    I live in NJ close to the cherry hill area and i am looking to buy only in Burlington county. I have been living here for about 9 years now and so far haven't thought of investing here. I invested in india and the investment appreciated 4 times or more so i am happy about the decision. I actually needed a bigger place now and i am not seeing that as a investment but if it turns out that way that's fine with me. I just wanted to find out what are people's experiences with the house escpecially for those who are under H1/EAD.



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  • sanju
    01-06 05:32 PM
    Religion is to be in peace. But people developed different thoughts other then peace using religion. Every religion beat each other, that is really sad.

    I am sad to see people die because of war and terrorism. Let us pray for every one and ask God Guidance to stop the terrorism.

    Tom,

    It appears that you arrived late on the scene. So let me assist you to catch-up. Soon you will see a post saying - which God should we ask for Guidance. Is it Hindu God or Muslim God of Christan God. As you know everybody have their own version of the God. Whom do you want us to ask for Guidance? Because if it is not my God, I don't want to ask God to stop terrorism.

    What will you say to that? You see this is a no win situation, defining God in terms of a religion is now engraved in human genes. Mankind will most probably see a lot of people kill each other in the name of religion, and the few who will left out, at that time, will realize that this religion thing is all hoax. We have two options, one, to understand that religion has nothing to do with God, and two, wait for most of humanity to kill one another before reaching a conclusion that religion has nothing to do with God. Either way, we are all headed there.

    God has already given us tools, wisdom, strength and resources to not fight. We all apply our wisdom to divide each other based on religion, color, race, gender etc etc etc. I don't know what more we can ask from God because he already gave us everything but we just don't want to use what God gave us. We all continue to fight, for which reason, for the reason we define as "fighting for God". Thats is absolutly absurd and frankly, I don't know what more we can ask from "God".



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  • vbkris77
    03-24 04:21 PM
    Hello, If I were to put you all guys in a room and give you a permission to fight each other, you will really beat the crap out of others..

    Any topic, any issue will lead to in-fighting..

    Why did most Indians were caught on wrong doings in H1B, becos, most Indians had to spend most time on H1B status. Atleast 5 more years than usual. I am not saying it is right. But that is the fact..

    How long is Long enough to prove that one is employed to a GC?? No one knows???

    How many of the FTEs do other jobs that are not listed on their H1B? I bet most.. You don't look at your H1B petition to see if you are qualified to do that job or not. You will do it if you asked by your boss. Even if you can't, you will learn and still do it.

    So stop these crazy talk and help the OP if you can or just give a moral support.

    Most of you are not still convinced that we are not the reason for backlog. It is CIS that wasted visas and is the reason for the backlog.. That is the problem..



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  • jonty_11
    09-26 12:29 PM
    all the speculation aside, it would be good know waht IV core thinks abt this...or whats the Outlook of our Lobbying firm...for McCain or Obama




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  • unitednations
    03-24 04:04 PM
    No, they figured out that it is consulting companies that are exploiting loopholes. Tell me what proof you have that ALL consulting companies are complying with H-1B requriements.

    Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.

    And you're telling me I am ignorant! You're funny :D

    Every year; before tax deadline IRS issues a few press releases on arrrests/convictions for tax crimes.

    They time it just so they can get it out to taxpayers prior to completing their tax returns that they should think twice before they try anything funny.


    Now; I can tell you that most companies were not diligent in getting LCA's in different locations. It is not a big crime of not getting LCA's in different locations. However, if people are getting paid lower amount in a different location then what that LCA would have been then you have a problem.

    If companies stick with giving $60k in salaries then most laws in h-1b go away and even if you don't have LCA for other location; you would have been getting paid more.

    Now; I do know some candidates who worked for those iowa companies. They transferred h-1b on same day that news broke out. I looked at their w-2 and paystubs and they were working at a higher rate jurisdiction. However; they were getting paid considerable sums in per diems. On paper it showed they may have only been getting paid $45K but in reality they were getting paid a lot more. All the company has to do is make the per diem taxable and it would count as h-1b wage and that will get rid of most of the trouble they are currently in. It was a case of employer and employee greed but at high level it wouldn't have harmed anybody; just on paper it didn't look right.

    Hardly anyone at a staffing company will be making less then $60K unless they are trying to do things in a tax free way. If this was the only issue in the iowa compoanies then i am pretty sure this was an attempt to make a big splash which will slowly get settled in a quiet way.

    Sort of what happened with Arthur Anderson in Enron. AA got convicted for obstruction of justice; whole thing fell apart; they lost employees, clients, the firm; pensions, etc. After appeals they won and the governmnet impacted so many peoples lives for nothing.




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  • logiclife
    07-10 10:14 AM
    Did anybody contradict this caller on the show? Is the recorded show available online?

    We got the CD from studio which we will try to upload on the website. Yes, we did counter that guys. Carl said that the slaves Mike is talking about drive in BMWs and Mercedes to his law firm and majority of his immigrant clients on H1B make more than 100K a year in California.

    We also explained that there are safeguards in place both at temporary visa level like H1B and permenant visa (Green Card) to protect the American worker. The Department of labor has to certify that a willing, qualified, available American citizen could not be found for the position for which a foriegn worker is being hired and the foriegn worker is being paid the wages commensurate with prevailing wages. That pretty much was the rebuttal to "H1B slaves are driving down wages" theory.




    gcseeker2002
    12-27 10:49 PM
    I myself am originally from Mumbai so please dont doubt the deep sense of outrage that I feel. But amid all this talk about going to war, here are a few things to ponder

    1. Think about how long it takes to construct a single runway of an airport. In the developed countries, it takes about 2-3 years, for India safe to say 5-6 years. One of Paki's first responses would be take out entire airports not just runways. Can you imagine how long it would take us to recover

    >>>>>It will be the same if terrorists take out entire airports by their terror actions, which they were about to do in Mumbai that failed on 11/26. So no point worrying about what if.

    2. Why should India kill Pak when it is killing itself every day. At this rate, just imagine how long this country will last. Sitting back and being a spectator could just about be the best option

    >>>>>At this rate they will take another 50 years to kill themselves, but will continue to torment India till they die, they are like a cockroach that keeps wriggling till it dies, and does not matter if you just cut off its legs, etc.

    3. If we are outraged by 200 civilians/police/NSG dying, do we really have the stomach to absorb 1000s, lakhs ........

    >>>>>If we dont destroy the Pakis now, tomorrow their terrorists will take out 1000s, lakhs while we sit and wait.

    4. Talking of "surgical strikes" - surgical strikes on what? Even the dumbest terrorist knows that its probably not a good idea to be in a terror camp right now.

    >>>>>That is a true statement, but who cares, look at Israel that takes out Hamas buildings even though no hamas terrorists are in those buildings.

    5. Do we really want to unite all those crazy Punjabis, Balochis, Taliban and the Paki army

    >>>>>They are already united, it is Indians who are divided.

    6. Ok, what about assassinating Kayani. Wonderful, we have destroyed the last institution in Paki land. Get ready to welcome millions of refugees

    >>>>>No comments.

    I know I know that I am not coming up with any good course of action, just pointing out the flaws in the rest of them. But thats all my layman's strategic vision gives me. Maybe with just 1/100th the cost of war, we can improve our border/maritime security and also our intelligence apparatus

    Personally, I think war is going to happen. I just wish people even remotely understand what it is that they are asking for.

    War is bad but required to quell bad people, some people just dont get it the soft way.




    sri1309
    12-18 05:53 PM
    PLEASE dont post any threads unrelated to immigration here.
    Can the moderators please delete this thread. I see hardly a post a day on important ones like change.gov, and loooks like we have time to get into these.. Please..



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