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  • pitha
    04-07 01:56 PM
    You will not be able to convince the lawmakers who introduced this draconian law to make any exemptions for h1 extensions. These people introduced this measure with a well thought out strategy to kill h1 without actualy saying they want to kill h1.

    A good way to protect people already on h1 from these draconian laws is through the ability to file for 485 without priority date. Every passing day will only make it worse for people on h1 not just new h1 but also people already on h1 waiting for h1 extension or renewal or transfer.


    Can there be a differentiation between extensions/renewals/company changes and new H1bs?

    In some sense there already is, since the former are not subject to cap, while the latter are.

    So, why not extend the same argument to other situations?
    Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.

    That way, they don't get rid of existing H1B employees.
    They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.





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  • waitnwatch
    08-06 01:40 PM
    Note that there is a difference between the Immigration and Nationality Act (INA) and the Code of Federal Regulation (CFR) alternatively also called US Code (USC). The CFR is an interpretation of the INA to practically implement the law on the ground. Therefore from what I know a CFR change does not need a change of law by Congress per se. It may need a public comment period but that is about it. So a lawsuit against the BS+5 may have some merit because it is only in the CFR and not the INA.

    I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.

    Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

    If you would like to read about related case, refer to this pdf
    http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

    ============================================
    Sec. 204.5 Petitions for employment-based immigrants.

    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

    (1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section:

    Advanced degree

    means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

    ======================================



    ____________________________
    US Permanent Resident since 2002





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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).





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  • gimme_GC2006
    03-24 10:12 AM
    Dude ask your employer to mail it himself to USCIS. You are not asking these documents for your timepass these are requested by USCIS so forward this mail to him and ask him to respond any ways its his responsiblity to support this GC application since it is his company that is asking for green card.

    well..my current employer got email from dhs and he is sending out all details..but what about my previous employers..??



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  • h1techSlave
    09-26 12:08 PM
    My friends also live in the UK. I have a few friends and relatives who work in the health care system. UK health case is pretty bad. The situation is similar to Govt. hospitals in India. You don't have to pay, but you have to wait a lot to see the doctor and to receive care.
    My opinion on health care:
    I don't understand why, anytime when they talk about universal health care system, they think the line is going to be long???? Its totally wrong. First of all, I went to emergency the other day to a hospital, i had to wait 4 hrs....there was a long line here too with the supposedly worlds best health care system. And its not an isolated case....I heard from many of my friends too...who had similar experience. My cousin lives in UK, and I asked him if its true they have to wait in big lines to see the doctors? he laughed at me and said its not true at all..they get very good care.





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  • ashkam
    04-15 03:18 PM
    Seriously? Yes.

    Not me as I am arguing that a home is better than an apt, but some people here disagree for their own reasons.

    Yes I have been reading some pretty bizarre responses. Apparently if you own a bigger house, you suddenly become incapable of giving your child love. Well, you learn something new everyday.



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  • RNGC
    10-01 06:33 PM
    I am the only employee working for my H1 sponsoring company for past 9 years! I always worked for huge clients and everyplace I worked, I was offered a full time job, but my immigration status prevented from taking those offers. My H1 sponsoring company have been benefitting all these years because of the broken legal immigration system and I am just working as hard as I can but someone else (my H1 sponsoring company) benefits from that.

    We may need to hold another massive rally in DC to highlight our cause.





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  • sledge_hammer
    03-24 03:49 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

    All your assumptions about H1B is only for full time jobs is flawed. USCIS has not said that. There is no law that says that.

    BTW why do you think LCA requirements are meant only for consulting companies ? It is applicable to all H1B candidates. That has been the law for a long time. Nothing new here for you to be happy about.

    Your posts are driven by your ignorance than any legal base. You need to educate yourself in immigration perspective.

    Why USCIS audits are focused on consulting companies ?
    It is not because consulting is not allowed on H1B. It is because they figured out that H1B violation are more prominent among small companies.



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  • NKR
    01-08 01:42 PM
    [QUOTE=sab;309415] Terrible. From NPR

    "Eventually, Red Cross and Palestine Red Crescent rescuers received permission to go into the shelled houses. Pierre Wettach, head of the ICRC for the region, called it a "shocking incident." "The ICRC/PRCS team found four small children next to their dead mothers in one of the houses. They were too weak to stand up on their own." [Quote]

    That is really sad, it is similar to the two year old son of the Jewish Rabbi and his Wife who was sitting with blood of his dead parents on him when his caretaker took him and ran away during the Mumbai carnage, what I read later was that they were sexually humiliated and killed. When small kids are taught to blow themselves up, that is sad too. There are many orphans of war and hatred and violence. I wish this madness stops from all sides� or at least let them take this war to the battlefield, not in places where people live.





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  • go_guy123
    07-28 03:39 PM
    Asain-Americans seems to favor Obama overwhelmingly as per this survey. its interesting to read the survey - these immigrants who have gone thru the process themselves and might have friends/relatives in the process - didnt mention immigration as one of their important topic to decide on the vote. Understandably economy is the top topic but was expecting to see immigration atleast behind economy.
    POLITICS-US: Asian Americans Tilt Heavily Toward Obama - IPS ipsnews.net (http://www.ipsnews.net/news.asp?idnews=44144)

    Bulk come through family based/asylum etc and very little come through skilled immigration. As H1B you are better off with GOP.
    GOP wants to restrict the family based as well....source of chain immigration.



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  • gcisadawg
    12-23 12:52 AM
    Unfortunately the religious muslim leaders dont want the community to get educated, prosper and westernized because than they would loose control..its precisely for this reason that the religious leaders of this community have for centuries scared the followers of the community with gods wrath if they changed. The Muslim religion has to become progressive and moderate.

    Hmm....I'm trying to answer these questions....
    What control a religious Muslim leader has on his followers? Can he prevent them from being educated or prevent one from working after he graduates inspite of his initial control? I've some Muslim friends. I'd be curious to check with them whether their careers got jeopardised by religious or political Muslim leaders?. Can you do me a favor. If you do have Muslim friends, can you check with them?

    I'm thinking in terms of the following..Sometimes I'm naive..Pls. excuse me for that...I haven't mastered the inner workings of Muslim community yet.

    A Muslim guy gets an offer from oracle, IBM and Wipro. He goes to a Mullah/MP to get advice about which to choose? Assuming our Mullah/local MP is knowledgeable, he says "dont do Oracle because it is run by a Jewish guy, dont to IBM since it is a company of great satan. Do Wipro since it is run by a Muslim". :)

    Okay, it is a bit too much. Can the Mullah stop a father from educating his daughter? Agreed, he might have some influence. But if the father is rational/already educated, he would treat that advice as suggestion rather than a firm decision.

    To me, Muslims need to educate their daughters more and more...And Muslim men need to stay away from gulf type jobs and come to US and be backlogged in EB GC so that they can join IV and reply to this thread so that some of the burden on ss1026 is lessened!! :)

    Peace,
    gcIsaDawg





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  • chanduv23
    03-25 01:48 PM
    UN,
    Any stories of AOS applicants porting to self employment under AC21, that you could share with us?

    Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.

    Thanks very much, as always.

    I heard from the grapevine that UNITEDNATIONS will be the next USCIS chief - so folks better behave with him or he wil report ya all :D :D :D :D



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  • gcisadawg
    12-23 12:24 AM
    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.


    Dude, if ss1026 is not on this forum, then is the absence of ss1026 a testimony to the fact that all hopes are lost with islam? I dont buy this line of thinking. we are better than that!





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  • Rolling_Flood
    08-05 07:28 AM
    red, green, blue, pink............whatever the color may be!!

    I just need to hear honest replies from EB2 filers. If you are afraid to speak up, please send me a message and we can work this behind the scenes.

    Thanks again.



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  • xyzgc
    12-24 02:19 PM
    Ghazni's best-kept secret - The Indian Express
    S.C. Sharma ()
    April 25, 1998

    Title: Ghazni's best-kept secret
    Author: S.C. Sharma
    Publication: The Indian Express
    Date: April 25, 1998

    Provocative Ghauri was the title of an editorial that appeared
    on this page earlier this month. Pakistan has named its missiles
    Ghauri and Ghaznavi with the specific intention of taunting
    India. These worthies' claims to fame and glorification, in the
    perception of the Pakistanis, lies in the fact that they were
    credited with plundering and devastating north-western India time
    and time again in the eleventh and twelfth centuries.

    In their enthusiasm to score brownie points, the Pakistanis have
    got mixed up on chronology, they have produced Ghauri before
    Ghaznavi. Also, they have perversely sought to commemorate these
    Afghan rulers of Turkish descent in utter disregard of the fact
    that most of the territories they plundered are their own - the
    North West Frontier Province, the Punjab and Sind. The men and
    women they tortured, enslaved, ravished and put to the sword were
    their own forebears.

    If Pakistanis wish to revel in the inglorious misdeeds of
    foreigners perpetrated on their own soil and on their own
    ancestors, they are welcome to twirl their moustaches in euphoria
    and say: " Where ignorance is bliss, it is folly to he wise."

    Indians may look forward to future generations of Pakistani IRBMs
    and similar sophisticated weaponry named after the likes of
    Changez Khan, Nadir Shah and Ahmad Shah Abdali. Alexander the
    Great and Harshavardhan also have strong claims, but they might
    be disqualified for obvious reasons.

    In the course of his many abortive forays into India, Mohammad
    Ghori is said to have been captured once by the forces of Delhi.
    But Prithviraj Chauhan, king of Delhi, magnanimously let him off.
    Legend has it - and it is widely believed in India - that when
    Ghori eventually succeeded in defeating Prithviraj Chauhan at the
    Second Battle of Tarain in 1192, he blinded him and took him in
    chains to Afghanistan along with his friend, the poet
    Chandravardai.

    Ghori held a grand durbar to celebrate his victory. His prize
    catch, the king of Delhi, blind and a prisoner, was paraded and
    publicly humiliated. Deeply incensed by the treatment meted out
    to his monarch, Chandravardai took refuge to a subterfuge. He
    announced that though completely blind, Prithviraj could still
    hit a target guided solely by sound, and he asked for permission
    for this feat to be performed.

    Prithviraj Chauhan was handed a bow and arrow, and Chandravardai
    sang a now-famous verse which told him of the elevation and
    distance to Ghori's throne. And thus, guided solely by sound,
    Prithviraj shot his arrow through Ghori.

    The legend may not be entirely true, but it would be absolutely
    accurate to say that even after eight centuries have elapsed,
    Prithviraj is regularly subjected to indignity in the land where
    he was taken as a captive. I have seen it at first hand.

    Many years ago, while travelling by jeep from Kandahar to Kabul,
    I had to make a night halt en route at Ghazni. At the hotel, I
    learned that there was a grand mausoleum over the tomb of Sultan
    Mahmud Ghaznavi near the town, and I determined to see it. A few
    extra Afghanis (the local currency) helped my driver to
    comprehend the necessity of making a small detour the next
    morning.

    The mausoleum was indeed grand -judging by local standards - with
    a high, arched doorway like the Buland Darwaza. lie tomb proper
    was in a cellar about four or five feet be low ground-level. It
    intrigued me considerably to note that there were no steps
    leading down into the tomb. Instead, a metal chain hung from the
    ceiling of the cellar. I was told that I would have to hold the
    chain and jump down.

    I asked for the reason for this peculiar method of entry. The
    caretaker was evasive at first. But after much persuasion, he
    disclosed that there was another tomb at the exact spot where you
    jumped down. There, the infidel king of Delhi, Prithviraj
    Chauhan, lay buried.

    ================================================== =====================
    Might I add, that the very Islam these Pakis seem to be proud of, was forced down upon them.
    Most of these are descendents of forced converts to Islam!





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  • mirage
    02-12 08:57 PM
    On the ground does it solve any purpose ? India remains as prone for more attacks as it was 2 months or 2 years ago...
    Finally Pak agreed Mumbai terror attacks are partly planned on its soil. I hope they come back after few months and say ISI partly involved.


    http://news.bbc.co.uk/2/hi/south_asia/7886469.stm



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  • smisachu
    12-30 10:01 PM
    Why should we waste our resources when Pakistanis are doing the damage by themselves??? The joke is Pak blaming some poor Indian for a bomb blast which was quickly owned up by a domestic terrorist organization!!
    Pakistan is a begging bowl which is trying to blackmail US by threatening to pull out troops from Afgan border..so US and UK are trying to pacify India telling them that they will put pressure on Pak to do something.
    And you know what a bigger joke is? your slum dog cum president who told Larry King that no one from "his part of the country" were involved in the attack!!! What is his part of the country? his toilet seat??? It has not been 1 year since he killed his wife he was jumping all over Sarah Palin like a horny dog!! Barking dogs seldom bite, so don't just thump your chest just yet. When the fox has to die it runs towards the lion. That is what Pakistan is doing by pretending to pose as if it will go to war with India. If India attacks Pak will fold it's tail between its legs and run to US, like Nawaz sherif did during the Kargil war. We have beaten you in 4 wars, how may more beatings will it take for it to sink into your thick skull that Pakistan can NEVER beat India. Period!!

    Pakistan will disintegrate with in the next few years if they don't seek India's support in whacking them Jehadi SOB's. Baluchitan, NWFP, Sindh are all going to be independent countries and the Pak president can easily rule " his part of the country"

    Buddyinsfo you might try to bring friction among Indians by pitting people from different states against each other, but remember when it comes to any outside force we are all Indians first and we will Kick your Ass...

    This is like an ant taking on an elephant, if half the men in Punjab, Guj and Rajastan stand on the border and Pee; Pakistan will be washed away in a flood of Urine...If you poor people want to get killed, there are better painless ways than enrage India. So it is in Paks best interest to request India to come in clean up the terrorist camps which are now turning against Pakistan itself!!


    Pranab Muks, the foreign minister needs to be applauded (?) for creating a drama of sorts by setting up the army against Pakis assuming that the Pakis will give in to the pressure and return the militants that India is looking for. On the other hand, the Prime Minister ManMohan Singh was consistently giving out statements that India is not in favour of war and never was (completely contradicting Pranab Muks' moves) and as per the latest news that emerged out of nowhere (???) there seemed to have been some kinda communication between the military officials of both the countries and they've come to some sort of understanding that war was not in the best interest of both the countries and only dialogue was as India was apprehensive as to what Pak's response to a military strike wud be...the drama continues and its a big joke. With China playing the mediator and India (silently and 100% dependent on US and UK put pressure on Pak but to no avail) had to succumb to the boomeranged efforts by playing the peace game now. One only needs to wait to see what happens next. But one thing is for sure...India will never strike Pakistan at a point when there is really no open support from anywhere. At some point (yesterday?) the honorable Prime Minister was looking for Iran to pressurise Pakistan (by calling Ahmadinejad) and this in itself speaks volumes !!! India is making a joke of itself...Had it been US, they'd have made a strike at Paki's terrorist sites in no time (as they did after 9/11). Its been over a month of Mumbai strikes and the way India is showing its weakness makes us wonder if they really have solid evidence against Pakistan. The latest news goes like...The Mumbai Govt has ordered probes into the attacks...Wonder what needs to be probed now(after one month) and that too after the entire nation has been made to believe that it was always Pakistan and claiming and shouting at the top of their lungs that they had SUFFICIENT evidence!!!!





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  • Desichakit
    08-06 11:01 AM
    I think clearing an exam like IIT-JEE in no way makes a person Superior over others. I my self have cleared IIT-JEE and am EB2 India, but still I see this proposed/planned Law suit to be ill thought off.

    Rolling Flood: I can only say that you can give any logic for this Lawsuit and it can be countered by any other logic why it is incorrect.


    Some body Porting from EB3 to EB2 if it is done sucessfully previoyusly then it is Lawfull.

    Many countries had their Jaichand's who will go to any extent for their own benefit, but society, nations thrive even after that.

    Your comments is very welcome because it gives all of us 1 more reason to be united than divided.

    PS.: When there is flood in Gangaji then it is not revered, only when it is within its banks it is revered and does good for society





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  • sanju
    05-17 01:50 PM
    Of course I don't work for a consulting company. And if I did I wouldn't be here UNLESS I WAS EMPLOYED 100% FROM DAY ONE.

    What people look like doesn't matter in regards to the H-1B. You are implying that I am doing something wrong in encouraging people TO OBEY THE LAW. That says a lot more of you and your standards than anything else. People are not committing crimes by being consultants. SOME people are comitting crimes by being here illegally because they don't meet the requirements for the H-1B they hold, because they went through a body shop. You can defend it all you want, IT'S ILLEGAL.

    To start with, you are not the only one with a full time job in America. Just so that you know I do FULL-TIME job. But I take no pride in bashing people who are not exactly the same as I am. I think you are doing that well and one fool is more than many.

    BTW, each consultant is also full time employee with some company. And stop calling "ILLEGAL" just becuase you can. Apply some logic to your agruments. Is Accenture, KPMG, D&T, Oracle consulting, IBm consulting body shops??? Just want to understand your defination of body shops


    UNLESS I WAS EMPLOYED 100% FROM DAY ONE.

    H-1B is also allowed for part times.



    SOME people are comitting crimes by being here illegally because they don't meet the requirements for the H-1B they hold, because they went through a body shop. You can defend it all you want, IT'S ILLEGAL.

    Also, some people are killing others by causing accidents when driving cars. Do we ban ALL cars? Likewise, some people are not following the law completely, should all H-1Bs be banned??? Also, Breaking a law doesn't necessarily means CRIME. Speeding is breaking the law, but it is NOT a crime.





    h1techSlave
    12-26 09:59 PM
    Like a few of us are pointing out here, a full fledged war between India and Pak is only good for China.

    What India should do is
    1. Increase internal security. Our performace in tacking those 10-11 guys were pathetic, to put it mildly. Sure it is no mistake of those brave folks who actually fought the terrorists, but India has no political will power to tackle terrorits strongly (neither Indian politicians nor the voters who elect those politicians).

    2. Join NATO forces in fighting terrorism in Afghanistan. We had earlier turned down invitation from Americans to fight in Afghanistan because our rulers fear the Muslim vote bank. It seems (looking at the Muslim response to latest terror attacks), Indian Muslims also are fed up of the cross border terrorism. So if we join the NATO forces and fight islamists in Afghanistan; on one hand, the jihadis will be weakened and on the other hand, India will not be directly blamed by Muslims all over the world.

    My take on this is that there are two options

    Option-1:- Go for an all out war as i specified...however the risk here is that it could go on and on and on...like we have seen in otherparts

    Option-2:- Work with like minded countries (work with them covertly), to completely eliminate terror camps (difficult it may seem cause its the bread/butter and cheese of those who run the neighbouring country)

    Option-1, if we can come up with a quick operation (remember 26/11 took 60 hours), otherwise option-2, but we have to be on the ball and make sure we get one of the two done otherwise as i said the next strike could not be far away on one of our major cities....
    Also Option-1 should be directed at the Terror infrastructure (by infrastructure i mean man power included cause otherwise they will disperse and regroup like they do in the western border in the war that the superpower is waging)





    Macaca
    08-01 08:15 PM
    Lobbying Reform, at Last (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/30/AR2007073001552.html) Congress should finish it before going home, July 31, 2007

    IT WASN'T EASY, it took too long, and it's not done yet -- but before Congress leaves for its August recess, it should have completed a lobbying reform bill that would, for the first time, require disclosure of the bundles of campaign checks that lobbyists bring in for politicians. We say "should have" because the measure -- having not gone through the normal conference committee process -- needs to clear significant hurdles in both the House and Senate. Lawmakers of both parties, in both houses, must ensure that that happens before going home to face constituents who appear increasingly unhappy about a Congress they perceive as looking after its own interests, not theirs.

    The lobbying package makes important changes, some of which were written into House rules in January. It would prohibit lawmakers and staff members from accepting gifts or travel from lobbyists and their clients. It would end lawmakers' ability to fly on corporate aircraft at cut-rate prices; senators and White House candidates would have to pay regular charter rates for such flights, while House members would simply be barred from accepting travel on private jets. It would lengthen, from one year to two, the revolving-door prohibition on senators and Senate staff members; the House limit would remain at one year.

    It would require that senators pushing pet projects known as earmarks make that information available at least 48 hours in advance of a vote and certify that they and their immediate family members have no financial stake in the items; earmarks added in conference could be challenged and would have to receive 60 votes to survive. Lobbyists would also have to report gifts made to presidential libraries, now a financial disclosure black hole.

    Most important, the measure would require lawmakers to include on their campaign finance reports the identities of lobbyists who raise $15,000 or more for them during a six-month period -- shining a needed light on an important source of influence. Keeping this requirement part of the bill was a difficult, and important, achievement.

    This agreement will be brought up on the House floor today, under rules allowing it to pass quickly with two-thirds support. Then it goes to the Senate, where it is expected to run into opposition from Republican Sens. Jim DeMint (S.C.) and Tom Coburn (Okla.) over whether the earmarking rules are strict enough; because it involves a change in Senate rules, 67 votes will be needed for passage. Leadership from Minority Leader Mitch McConnell (R-Ky) will be critical to ensure that the complaints of a few senators are not allowed to derail a change that is badly needed and long overdue.