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  • chanduv23
    03-25 03:50 PM
    ok..lets see how it goes.

    I did not hire an attorney nor took a consultation..I thought folks here on IV combined are as good as an attorney :D

    Just came from the Post office..sent all documents they asked for including Resume.

    I dont know if my employer responded..I called them but they didn't respond..typical..huh

    Lets see how it goes..

    Should something bad happen (Which I dont understand why it would), you will see me in
    "Alberta Welcomes H1b" thread.. :D:D:D

    It is always good to utilize services of a good Attorney for complex situations. But anyways good luck.





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  • overseas
    12-21 03:45 PM
    It is one of the obvious facts that D-Company has financed and supported(ing) lot of terror activities in India. I'm not able to understand why the Indian government is not taking steps to crackdown their illegal empire in Bombay. If the funding is stopped there will be a huge decrease in terrorist activities.

    Yes, India may not be able to go to war and catch Dawood in Pakistan but they can definitely start taking action against all the business and people supporting Dawood in Mumbai. I was surprised why nobody has talked or taken any action about this. Up to the time government start taking some sincere actions Indian people have to suffer like this.





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  • satishku_2000
    05-16 02:56 PM
    I know where Senator Durbin stands on illegal immigration issue , he is totally for amnesty/legalization of illegal/undocumented people in the country. According to him its ok if someone is totally undocumented and stays here but its not ok if someone does consulting and documented and pays taxes while working and waiting for the green card to be approved. Isn't it height of hypocrosy?

    Where do people like mbdriver and senthil stand on the issue of legalization/amnesty for illegal/undocumented people in the country? If the legalization were to happen these are the kind of people who complain saying illegal aliens have slowed down our green card petetions. If legalization were to happen processing of every petetion at USCIS will slow down considerably. I will not surprised if 485 takes 4.85 years or 48.5 years or 485 years ...:)

    Which one is a bigger problem 12 to 15 million people totally undocumented or perceived misuse of visa petetions by few bad apples.





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  • kutra
    07-14 07:30 AM
    I agree ..the letter can be improved but EB3-I should be allowed to express their frustration. This is a free country and I guess you can send letters.
    at the very least, EB3-I can hope that someone from USCIS tells what is the approximate future for EB3..so that those who are stuck there can take appropriate actions

    Sure, it is a free country. But I only hope the letter or words do not mention anything about IV. Reason being, if IV is not endorsing this campaign, then do not express yourself under the IV banner.

    IV is like a human body with all of us members being the different parts of the body. However, there should be one and only one mouth. And that should be consistent in the IV messaging. If IV core (which is surprisingly quite on this thread) is asking everyone to focus on the visa-recapture campaign, then that's what everyone should do.

    On a related note, a free country doesn't necessarily mean you can express yourself just because you want to. I can call anyone an idiot just because it's a free country, but everyone else can see who the real jerk is!

    Being an EB3-Indian myself (Oct 2003), I can only urge fellow EB3-Indians to think rationally and urge IV core to provide their thoughts.

    P.S.: Just think what a ridiculous thing you are asking for......"for USCIS to tell what is the approximate future for EB3"!! That's a joke! I don't know what my future will be GC or no GC. Why will I listen to USCIS who has been most trustworthy historically. And why would they want to make themselves liable to tell you what actions to take. As I wrote earlier, just because it's a free country, it doesn't mean, you can ask someone for anything irrationally!



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  • desi3933
    07-08 10:20 AM
    1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.

    2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).

    3. Did the period length where he did not have a pay check exceed 180 days at a stretch?

    Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.

    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.





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  • my2cents
    05-03 07:55 AM
    For 330K house, the calculations are probably splitting hairs. If it had already lost value to what the income in your area can support, then it is good time. But if it is still going down, I would rather buy a house at the bottom even if the interest rate gets higher. I can sell the house immediately without loss, if I have too.

    You think buying and selling a home a joke. You look on an average for 3-5 month to buy a home and one fine day u woke up and interest rate is high u plan to sell. This may be even possible only when u have bought house for pure investment.

    Once you move to ur first house with ur family. you will not sell ur house until u r forced to because of job/other extreme factors.

    Location is most important that any thing. It is very very localized. do u think manhattan house price went down..in fact it went up. Similarly DC metro area is relatively stronger compare to mid west.

    A bit of luck is always there in every single thing. Predicting bottom/peak is always challenge.

    One funny thing..people are planning how to sell before they even look for house to buy. lol..



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  • DSJ
    05-16 12:08 PM
    This is exactly my point. In my view, since have seen both worlds, each one has their own adv and disadv. But eliminating body shopping does not solve todays H1-B shortage issue. They can do many things like limiting no's of H1B per company, release H1B quota quarterly like greencard.

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





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  • GCapplicant
    07-13 04:46 PM
    I am just losing confidence.Just wondering how they have moved only the second category -when there is someone highly retrogressed.
    To fail the bills so no one will work for that anymore or just because EB2 is superior than EB3 or am I confusing myself.So once if EB2I becomes C and then EB3row C will EB3 I atleast move.

    Its just a spillover,why cant they give it equally.Why no one is ready to question for us?



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  • DSJ
    05-16 09:59 AM
    :p :p I like this most. Lets move on...

    Let�s worry about our survival rather than the survival of TCS, Infy etc.





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  • gcdreamer05
    03-23 02:02 PM
    my only problem is Work contracts.

    How am I supposed to get contracts of all clients.
    My employer doesnt share saying its private and confidential..I worked for a top 5 Indian IT in the past..no way I can get those details..duh :confused:

    hey buddy are they digging your case just because you worked for the top 5 indian IT and does it start with a "S*****" , just wondering are they digging up all those who worked for them?



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  • gapala
    06-07 10:42 AM
    As per Zillow estimate, the value of the house I bought already appreciated by $10k above the purchase price.

    For the sake of discussion that it did not appreciate in the next 10 years (which I doubt because there's no other way to go but up) but the value stayed at purchase price, as per my amortization schedule, my loan would be at 75% of the purchase value. It means therefore that I already have a 25% equity of the house, which is $60k.

    If I saved the $250 per month at zero interest, I would have $30k. I don't know where you can find 5% interest p.a. investment today but for the sake of argument that I found one, I think I can't get the $60k at the end of 10th yr.

    JunRN, it all depends on how much risk are you willing to take in what area. Equity is generally believed or historically trended to provide 10% returns over 10 years span (multiple market cycles). Where as dwelling as an investment provides a marginal 3 to 5% depending on location in a normal growth rate (Exception to Bubble). Equity market has nose dived as did housing market and people consider it too risky to invest at this stage in equity due to uncertinities (lot of companies may not make it through though times or No. PC companies which has become QPC -filed for chapter11 protection has increased) even though it doesn't involve huge amounts as housing at per unit basis. For investers, same applies for dwelling investment as well at a higher scale. More Chapter 11->more job losses->more houses on foreclosure.

    Just to counter your argument, Let me tell you one scenario, When stock market went down, I invested in shares some time back in February 09, as of today, If I look at the individual investment, it stands at 60% increased. But I do not think that it will provide me a 60% returns.. over 10 years... I expect only 10% and may increase to 15% in the long run which is a ball park number.

    Lot of sellers/brokers referred Zillow during 2006 and early 2007 (Bubble) to sell their houses at an inflated prices as I mentioned earlier, when it went up 20000 per month for several months.. Based on these numbers..people streached themself and jumped to grab one before it goes beyond their reach thinking that it will continue to go up.. Now, the houses values under water and they are whining about it every day and night.. some of their home values evapourated by 30 to 40%. (I am talking about 100,000 to 150,000 south). Zillow goes up and down.. in short term depending on historic sales and builder's listing price changes, not based on any economic outlook. Every agent wears two hats and is two-faced, because a home’s “value” has to be higher when represent a seller and lower when represent a buyer. The Zillow range of value represents best hope for buyer at the low end of the range, and highest for seller at the high end of that range.

    Here's what they say about it in disclaimer "The Zestimate is not an appraisal and you won't be able to use it in place of an appraisal, though you can certainly share it with real estate professionals. It is a computer-generated estimate of the worth of a house today, given the data we have available. Zillow.com does not offer the Zestimate as the basis of any specific real-estate-related financial transaction. Our data sources may be incomplete or incorrect; also, we have not physically inspected a specific home."

    My point is, Unless the correction happens in housing market, which is widely believed to be another 10 to 12% further south from where it stands now.. there is always a risk in buying one thinking that its going to appreciate in next 10 years. Remember though the demand cycles for realty market is lenghty ones which will rise once in 10 to 15 years but this does not mean that there's going to be another bubble again to hike it up by 100 and 200% :). It may rise as historically did to provide a 3 to 4% returns. This is regardless of location... location.. location.. First, It will take time to stabilize the market just because there's too much supply, affordiability issue and aging population.

    Buy or not, depends on whether and how much you are willing and open to take risk. Higher the risk, higher the returns.. doesn't mean it applies to stupid decisions... One thing I wanted to mention though, we have utilization value for living in a house, bigger than an apartment, again its an individual perspective.





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  • mbawa2574
    09-26 11:11 AM
    Though I like Obama as a person who promises positive change, I am afraid this will turn into disaster for all of us. Obama in white house to me translates into 'Curtains' for all legal high skilled immigration.

    If all of you had watched the drama unfolding last year with CIR and Durbin's proposed draconic measures you will all know what is in store for us. We all know who will be pulling the strings as far as immigration policy making goes with democrats in the white house.

    Mccain is good for us as long as he seperates himself from house republicans. Obama is good if he gets rid of that stupid durban.


    Though Mccain is business friendly. There are talks on CNBC and Wallstreet about rebuidling capital in this country and skilled immigration is part of it. I think Michele..I don't know last name wrote an article in Wall Street Journal Today supporting Legal Immigration , innovation and creating demand for housing in this country. It's the protectionist lobby which is screwing the country.



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  • 485Mbe4001
    10-01 05:25 PM
    http://www.ontheissues.org/2008/Barack_Obama_Immigration.htm


    Barack Obama on Immigration
    Democratic nomine for President; Junior Senator (IL)

    America has nothing to fear from today's immigrants
    For all the noise and anger that too often surrounds the immigration debate, America has nothing to fear from today's immigrants. They have come here for the same reason that families have always come here--for the hope that in America, they could build a better life for themselves and their families. Like the waves of immigrants that came before them and the Hispanic Americans whose families have been here for generations, the recent arrival of Latino immigrants will only enrich our country.
    Source: Obama & McCain back-to-back speeches at NALEO Jun 28, 2008

    We need comprehensive reform, like McCain used to support
    Senator McCain used to offer change on immigration. He was a champion of comprehensive reform, and I admired him for it. But when he was running for his party's nomination, he walked away from that commitment and he's said he wouldn't even support his own legislation if it came up for a vote.
    If we are going to solve the challenges we face, you need a President who will pursue genuine solutions day in and day out. And that is my commitment to you.

    We need immigration reform that will secure our borders, and punish employers who exploit immigrant labor; reform that finally brings the 12 million people who are here illegally out of the shadows by requiring them to take steps to become legal citizens We must assert our values and reconcile our principles as a nation of immigrants and a nation of laws. That is a priority I will pursue from my very first day.

    Source: Obama & McCain back-to-back speeches at NALEO Jun 28, 2008

    Recognize the humanity of immigrants: Todos somos Americanos
    Ultimately, the danger to the American way of life is not that we will be overrun by those who do not look like us or do not yet speak our language. The danger will come if we fail to recognize the humanity of [immigrants]--if we withhold from them the opportunities we take for granted, and create a servant class in our midst.
    More broadly, the danger will come if we continue to stand idly by as the gap between Wall Street and Main Street grows, as Washington grows more out of touch, and as America grows more unequal. Because America can only prosper when all Americans prosper--brown, black, white, Asian, and Native American. That's the idea that lies at the heart of my campaign, and that's the idea that will lie at the heart of my presidency. Because we are all Americans. Todos somos Americanos. And in this country, we rise and fall together.

    Source: Obama & McCain back-to-back speeches at NALEO Jun 28, 2008

    GovWatch: Anti-immigrants fuel xenophobia, but 45% increase
    Barack Obama said at a Palm Beach fundraiser on May 22, "A certain segment has basically been feeding a kind of xenophobia. There's a reason why hate crimes against Hispanic people doubled last year. If you have people like Lou Dobbs and Rush Limbaugh ginning things up, it's not surprising that would happen."
    Obama needs to be more careful in his use of statistics. If he is going to blame Lou Dobbs and Rush Limbaugh for "ginning up" hate crimes against Hispanics, he needs solid data to back up his allegation. The hate crimes statistics are wildly inaccurate--and a subsequent modified claim provided by his campaign was also off the mark.

    Lou Dobbs of CNN has repeatedly made use of flawed statistics, but there is no excuse for resorting to equally flawed data to attack Dobbs and his ilk. Hate crime offenses against Latinos rose from 529 in 2003 to 770 in 2006, a total increase over three years of about 45% [not even closed to double].

    Source: GovWatch on 2008: Washington Post analysis Jun 4, 2008

    Encourage every student to learn a second language
    Q: Is there any down side to the US becoming a bilingual nation?
    A: It is important that everyone learns English and that we have that process of binding ourselves together as a country. Every student should be learning a second language, because when you start getting into a debate about bilingual education, for example, now, I want to make sure that children who are coming out of Spanish-speaking households had the opportunity to learn and are not falling behind. If bilingual education helps them do that, I want to give them the opportunity. But I also want to make sure that English-speaking children are getting foreign languages because this world is becoming more interdependent and part of the process of America's continued leadership in the world is going to be our capacity to communicate across boundaries, across borders, and that's something frankly where we've fallen behind. Foreign languages is one of those areas that I think has been neglected. I want to put more resources into it.

    Source: 2008 Democratic debate at University of Texas in Austin Feb 21, 2008

    Need to look at different aspects of immigration reform
    We need stronger border security. We are cracking down on employers that are taking advantage of undocumented workers because they can't complain if they're not paid a minimum wage and not getting overtime. Worker safety laws are not being observed. We have to make sure that doesn't lead to people with Spanish surnames being discriminated against. We have to require that undocumented workers go to the back of the line, so that they are not getting citizenship before those who have applied legally.
    Source: 2008 Democratic debate at University of Texas in Austin Feb 21, 2008

    Have border patrolled, surveillance, and deploy technology
    Q: Do you think your vote on the border fence or the implementation of it was wrong?
    A: The key is to consult with local communities, whether it's on the commercial interests or the environmental stakes of creating any kind of barrier. The Bush administration is not real good at listening. I will reverse that policy. There may be areas where it makes sense to have some fencing. Having border patrolled, surveillance, deploying effective technology, that's going to be the better approach.

    Source: 2008 Democratic debate at University of Texas in Austin Feb 21, 2008

    Increasing the legal fees on immigrants is not helping
    It is important that we fix the legal immigration system, because right now we've got a backlog that means years for people to apply legally. What's worse is, we keep on increasing the fees, so that if you've got a hard working immigrant family, they've got to hire a lawyer; they've got to pay thousands of dollars in fees. They just can't afford it. It's discriminatory against people who have good character, but don't have the money. We've got to fix that. We have to improve our relationship with Mexico and work with the Mexican government so that their economy is producing jobs on that side of the border. The problem is that we have had an administration that came in promising all sorts of leadership on creating a US-Mexican relationship. Bush dropped the ball. He has been so obsessed with Iraq that we have not seen the kinds of outreach and cooperative work that would ensure that the Mexican economy is working not just for the very wealthy in Mexico, but for all people.
    Source: 2008 Democratic debate at University of Texas in Austin Feb 21, 2008

    Deporting 12 million people is ridiculous and impractical
    The American people want fairness, want justice. They recognize that the idea that you're going to deport 12 million people is ridiculous, that we're not going to be devoting all our law enforcement resources to sending people back. But what they do also want is some order to the process. We're not going to be able to do these things in isolation. We're not going to be able to deal with the 12 million people who are living in the shadows and give them a way of getting out of the shadows if we don't also deal with the problem of this constant influx of undocumented workers. That's why comprehensive reform is so important. Something that we can do immediately that is very important is to pass the Dream Act, which allows children who through no fault of their own are here but have essentially grown up as Americans, allow them the opportunity for higher education. I do not want two classes of citizens in this country. I want everybody to prosper. That's going to be a top priority.
    Source: 2008 Democratic debate at University of Texas in Austin Feb 21, 2008
    and so on .....





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  • senthil1
    04-06 09:50 PM
    But congress needs to find some solution for H1b mess like applying 150k H1b in one day. If no alternative solution is suggested some part/all part of this bill may be considered. US companies will not be impacted as they are not h1b dependent and they are hiring more than 50% US workers so they may not oppose that much. If Microsoft lobby for 200k H1b but still if they could not get any h1b why will they lobby it? American companies will either ask unlimited H1b or restrictions for bodyshopping so that everyone will get fair share of H1b. Lottery is shame as many deserving candidates will be rejected but many lower grade people may enter there is no merrit in selection of H1b. If IV is opposing this they need to give some solution for H1b mess. Otherwise no point. Also the bill was introduced by both Democrat and Republican. So Whether it is passed or not it is going to be considered

    Anti-H1B lobby wants to make the system so difficult that it will be impossible to complete all the requirements. Their strategy is, if they cannot eliminate H-1B program, they will make in non-workable. Also, this bill was in the making for more than two years. They are timing their articles in the press with this bill because of a reason. Don't simply reject it by saying that "this is not going to pass". Taking this bill lightly will be a mistake.

    Please inform your friends, colleagues and employer about this very serious problem.



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  • jonty_11
    04-09 10:59 AM
    What is IV's position on this bill?





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  • AllVNeedGcPc
    07-14 07:51 PM
    Do you have any evidence/reference to back this up?

    Have MS from US, got applied in EB3, was stuck in BEC for 4 yrs and 2 months, still waiting on 140...



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  • sledge_hammer
    03-24 12:26 PM
    I have full sympathy for anyone that has not broken any laws including OP and 'leoindiano". If I had the powers to approve green cards, I would give them away to him and his brother!

    The problem here is no one (consulting company/employee) bothered to make sure that a person on H-1B was allowed to do consulting. I'm not sure who dropped the ball - companies, employees, or the immigration lawyers. But someone should have raised a flag when the type of job was really a temp job. Unfortunately that did not happen.

    Now that the damage has been done, and USCIS is coming after such folks, they are upset that it is happening to them. Again, do note that I am not saying the consultants themselves are less skilled than anyone with FT job. I'm just saying that at the time they got into consulting they did not think of the various consequences. Maybe because no one ever thought that working at different locations, benching, temp nature of the jobs were all against H-1B visa rules?

    You get my point?

    face it as long as the economy is tanking this is going to be an ongoing debate. Everything goes thorugh stages of high and low and we are now expereincing the lows of having the h1b's.

    Sledge While your points are valid, remember folks do not choose consulting (nor do students) as a first choice but I have friends who were employed without any issues directly with client companies who in the midst of recession decide to fire everyone. What are you options if your GC is denied because the company declared bankruptcy? How do you justify to yourself staying with the employer when they files you under Eb3 category when you a master's degree holder from one of the 10 best universities in the US? What are the employee choices here, just pack up and leave? leave houses, friends and people you stayed with many years.

    You think they haven't searched for full time positions with other companies only to be turned back? or worse case restart the entire GC process and forgo the 6+ years?

    And the experiences I am relating are from the 2001 recession. I have already seen history repeat itself now but my more fear is that tomorrow USCIS will unfortunately hit the person who followed all the rules After all how is the USCIS knowing which are the good companies and which are bad? These very things are happening and very much can happen to you as well. Do not sit on a high perch and think it will not trickle down to me





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  • sc3
    07-14 12:18 PM
    Bear this in mind. We are not opposing because EB2 is getting the number, we are opposing because USCIS arbitrarily changed the law -- without any legislative approval. Remember, they changed the OPT rules and they are now facing lawsuit.

    You seem to be saying that we are petty in making our demands, and also suggestion (I have got personal comments) that we are causing a rift among the team. I say NO. We are not causing the rift. You did that, we are just highlighting our plight.





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  • delax
    07-13 12:33 PM
    Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).

    That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?

    Again - want to continue a healthy debate, but as per the law, EB2 is more skilled than an EB3 and therefore gets precedence regardless of the date. If we split up the spill over 75/25 between EB2 and EB3 then what answer do we have to the more skilled EB2 candidate who did not get a visa number because a less skilled EB3 took the number based on an arbitrary split up (75/25) and because the EB3 has an earlier PD. Does it meet the meritocracy test which is the intent of the law.

    I may sound plain and harsh but thats the categorization as per existing law not my personal opinion.





    saileshdude
    08-05 07:49 AM
    What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).

    "Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.

    If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.

    I hope i have made my point clear? Thanks.


    I originally filed in EB2 but yet I do not support this idea. I think EB3 people if possible should deserve a chance to file in EB2 if they are eligible. Also porting helps you (original EB2 guys) in another way. Suppose for some stupid reason, you have to restart your GC process, wouldn't you want to be able to port your earlier PD? Don't be selfish man.





    gcisadawg
    12-22 03:53 PM
    The demonstrators carried pictures of Jewish couple Rabbi Gavriel Holtzberg and wife Rivka, who were murdered by the terrorists during Mumbai attacks, with caption: "It is a crime to be a Jew?" The demonstration began with a silence observed for one minute to pay homage to the victims of Mumbai attacks and the police officers who were killed in the action.


    Alright! Let us be adults. It is like Sri Lanka going all over and telling the world that LTTE is as lethal as Al Qaida and is a threat to US, UK, Israel and Europe. Although US and UK has declared them as terrorist organization, I think it was more because they had a hand in Rajiv Gandhi's assasination.
    Agreed, LTTE is a terror org and their issue is Sinhalese treatment of Tamils.
    (another example of the tyranny of the majority against minority) .
    Lankans may be followers of Buddha but when it came to Tamils, they were far from being a Buddha and more like anti-buddha!


    And Israel did the same thing too. It projected its conflict with Palestinians as part of Bush's global war on terror, the centre piece of which was a war-of-choice in Iraq. Russians tried to project their conflict in Chechnya as part of Global war on terror. Now Georgia is trying to project it as a victim. The line between aggressor and the victim is becoming increasingly blurred. That is the reason I believe, this issue is much more than black and white with a shade of Gray all over it. We can argue till the cows come home but until the countries understand the motivation of (any) enemy, the enemy is not going to be defeated.