Monday, July 4, 2011

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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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  • needhelp!
    09-29 11:08 AM
    This year 4 of my class mates (from engineering college in India) have moved out of the US. I have one other classmate who had picked a position in Singapore over one being offered in the US two years back, and he already has his PR there. He did not want the uncertainty of not know what to call home even after 5 or 8 or 10 years. He called it "settling down".

    When we were graduating from engineering college, there was peer pressure to come to the US and pursue higher education and the "American Dream". Now I feel like my time to head out may come sooner rather than later.




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  • lfwf
    08-06 04:19 PM
    If you go strictly by that, then allocating unused EB1 visa numbers to EB2 is also wrong. EB1 visas are meant for an entirely different skill set and job.

    EB2 guys and EB3 guys are at a disadvantage depending on which way you look at it. I guess capturing previous years� unused visa numbers is the only way to go then�

    no those are unused numbers and are "physcially ported" to Eb2 before they can be used, and then to Eb3. the applicant does not jump to the higher category!!!




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  • gcisadawg
    12-27 12:04 AM
    Don't you think Pakistan already knows that?

    Yes, you are right. Pakistan knows that. But our audience is not pakistan. It is US and other countries. Who comes to india when pak does nuclear sabre-rattling? It is US. We need to send that message clearly and forcibly to the world. The Clear message is " Nukes dont impact our options. The decision to go to war or not is not impacted by the presence or absence of nukes"

    Do you mean to say that the state and the government of Pakistan did this?

    As to your second question, you never know. To be honest, I dont know...Musharraf started Kargil and they did not acknowledge even dead Pakistan soldiers. Sharif went to US and pleaded Clinton to stop the war.

    I do believe ISI's footprint is there. ISI is built on the image of CIA during cold war. They are a pretty powerful bunch with one complete victory ( against Soviets) and two successful (atleast so far) distruptive operations in Afghanistan and Kashmir. Without the big brother ISI watching, these jihadists can not move around. But I do give the benefit of doubt to Zardari's govt. The poor guy has just lost his wife. He might not have signed off on this ops.



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  • surabhi
    03-25 10:57 AM
    That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.

    USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.

    Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.

    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."




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  • mbartosik
    04-09 01:18 PM
    jung.lee

    I'll conspire with you and hijack the thread :D for a little while at least
    The solar system on my house: http://tinyurl.com/2jzbfq

    The tiles are by Open Energy Corp (www.openenergycorp.com)
    You will find my house on their web site.

    Price in round figures $10 per watt installed, it is a complex calc and depends on installer and what is included. There are a lot of rebates available and various tax credits (fed tax credit is only $2K). My rebate was $3.75 per watt, plus state tax credits.

    Capacity 9KW.

    I did a lot of work myself (mostly design - and it is a unique in US design) and worked with a professional installer (first install like this he had done). I also did a lot of the physical work on the roof too.

    KWh (per year) depends on location, angle and direction of roof.

    In Long Island multiply by about 800 for a steep west facing roof like mine so KWh = 9000*800. For more south facing and lower pitch multiply by 1100. In southern California I don't know what the multiplication factor would be, but you sure get a lot more sunshine, my guess would be more like x1800 for south facing. There are calculators where you can plumb in long/lat angle/direction and size.

    Roof area about 1000 sq ft including the concrete. So about 900 sq ft of solar tiles.

    Snow does not stick because the glass surface is too smooth, the tiles at the edge where the snow sticks are concrete.

    Geothermal heat pumps, they work like an air conditioning unit but exchange heat with the ground (via pipes) rather than the air. This is much more efficient because ground temp is about constant 55F (in NY). They can run forward or reverse (heat or cool) too. They can be used with forced air or radiant floor heating (not baseboard).

    If you are seriously interested in installing something like this my email is mark at immigrationvoice .org

    On the immigration side: So I've gone out on a limb, and bought a house and installed a load of upgrades, but still waiting for I485 to be processed. I consider this to be a hugely patriotic thing to do -- (could the Iraq war have anything to do with energy supply), yet still no GC. I would love to ask Mr. Dobbs, what he has done to reduce his demand for foreign energy imports!! He probably uses 4000 gallons of oil a year for heating :-)



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  • minimalist
    08-05 03:37 PM
    I said most of the case. Not all. Ofcouse, most of the bodyshoppers does this abuse. Like labor subsitution, creating a duplicate job just to file EB2 etc.. I am not blaming good US employers and employees. There are tons on non-IT genuine EB2 cases are there..

    If Y2K issue was not there and there is no explosion of IT industry, you wouldn't have had this scenario where you find severe retrogression for India.
    If you are thinking in terms of meritocracy, I am sure most of the people who are so vehemently arguing are not the best and brightest from their batch on every level . People with better credentials may not be doing as well as you . So stop cribbing about how somebody else who you suppose is inferior to you is getting ahead.




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  • GCmuddu_H1BVaddu
    01-03 09:57 PM
    But the point is, these cockroaches came to Mumbai from Pakistan are fed by ISI, don't you still realize. In what language do you want to hear?



    What apology?
    If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.



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  • gjoe
    08-06 07:50 AM
    We will support your lawsuit if you pay up for our support. I am onboard if the figure is 4 digit or above. I hope your lawsuit doesn't get backlogged in the court and USCIS holds up your GC application until your case is decided in the court.
    If you lose the case I will return your money with a 3% interest to compensate for inflation or defalation of the currency.




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  • yabadaba
    08-11 09:03 AM
    Pappu, if u put in cable news network and state = Georgia...it will pull up 15 records of h1b applications made by CNN in 2005. maybe someone needs to tell dobbs that. 9 H1 B for fox



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  • alterego
    12-27 11:23 AM
    Ofcourse its Pakistan's responsibility since we created them. But the question is, where do you go from here?
    There is about twenty to twenty five years worth of infrastructure and intellectual capital built in the unofficial 'non-state' militant/jihadi circles.
    So, its going to take time for this infrastructure to go away.

    The challenge for Pakistan is to dismantle this infrastructure. A hostile or unfriendly India doesn't help. Ironically, it makes reliance upon this infrastructure attractive.

    I think much of India understands this perspective. India is generally a very secular and tolerant country. However this is something that has been going on for many years now. The worlds patience is wearing thin. Terrorism should invoke a ZERO TOLERANCE response from all states towards "non-state actors" acting within their territories. More promises, seldom achieve anything tangible is unacceptable. Given the past track record of Pakistan on such issues, India and the world has decided to keep up the pressure this time, and not a moment too soon. Innocents get killed and harmed and unnecessary harm is inflicted on a nations psyche and internal diverse harmony with such events.

    Zardari has no real power in Pakistan. The military has a mind of its own there and are not there to serve the civilian adminstration. That is the problem.
    The world cannot be expected to wait for 15-20 yrs and suffer through these sorts of attacks, while Pakistan decides if they want to "dismantle their jihadi infrastructure".

    The pressure will continue on Pakistan and they will have to demonstrate more action to the world. Of course war will not be good for either country, arguably worse for Pakistan, however even absent war Pakistan could end up losing if they fail to act. The country will not thrive under this pressure and economic uncertainty and isolation, the economy already on the brink will collapse and the people will face unnecessary hardships, ala North Korea. The choice is up to Pakistan. We all hope Pakistan chooses rationally.
    We would all love to see a thriving, prosperous and terrorism free Pakistan, rather than one controlled by a military strong man(ala Zia Ul Haq) and begging/manipulating the sugar daddy of the day be it the USA or China at the time.
    Pakistanis need to figure out what they want for their future.




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  • sledge_hammer
    06-26 08:41 PM
    Home size may be smaller, but the land (plot) also got smaller...

    Thanks for the data. There is one more twist to the story though. The "median home" of 1940 is NOT the same as the median home of 2000. The home sizes have more than doubled in this period (dont have an official source right now - but look at Google Answers: Historic home sizes (http://answers.google.com/answers/threadview?id=110928) . A little digging should give us an official source if you want.).... So, if the median home prices have doubled post adjustment for inflaton - that really means that the prices have stayed flat adjusted for inflation.

    Statistics is a bitch :-D

    Edit: Errrr - the median prices actually quadrupled - and not merely doubled, while the home sizes increased by about 2.3 - 2.4 times. This means roughly 1.6 times actual appreciation - i.e. less than 1% of compounded interest (1% over 60 years = 1.82 times). Compare that to the safest vehicle out there - TIPS and tell me who would have been better off - the guy who bought his home in 1940 or the one who bought TIPS (assuming his net cash flow was zero - i.e. he earned the same as he spent for the house).



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  • santb1975
    10-01 01:30 AM
    I am

    After the bail-out bill failed in the House, Obama immediately posted a response reassuring Americans and investors that the leaders will come up with another soon.

    Contrast this with McCains partisan blaming of Obama for failure of bailout, while it was him that pulled the stunt of rushing to Washington to 'rescue' the bailout. After failing to show the leadership of his own party -with majority of Repubs voting against the bailout (a clear indication of leadership failure and ineffectiveness of McCain Presidency in passing anything through his own party!), he found it convenient to Obama.

    And it was Obama who proposed raising FDIC insurance to $250,000 to which McCain has (thankfully) chimed in.




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  • punjabi
    08-05 01:50 PM
    A doctor had just finished a physical well-check session with one of his patients, when he realized he got a bit carried away with the procedure. He was resting afterwards and was feeling a bit guilty because he thought it wasn't really ethical to do it with one of his patients. However, a little voice in his head said "Lots of other doctors have done it with their patients so its not like you're the first". This made the doctor feel a little bit better until still another voice in his head said, " but they probably weren't veterinarians".



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  • thatwillbeit
    10-03 12:36 PM
    Excellent post dtekkedil

    You reiterate exactly what I have in my mind




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  • h1techSlave
    09-26 05:06 PM
    Going thru Obama's comments, he is sure to put a stop on H1B visas in the name of keeping American jobs in America. Then what would happen is that all American companies will send their whole IT departments to India. The end result will be that there would not be any decent paying jobs in this country.

    CIR will pass and illegals will choke the whole USCIS. Good bye to EB GCs.

    Just Kidding - reading your post i was feeling like I'm reading a comment from Fox News. However i do respect your opinion and thanks for expressing it.

    My Point is more long term - in the shorter term no major change can happen to economy even if Barack wins but eventually Economy would be stronger under Barack's leadership. He also stressed that he would stop "JOBS BEING SHIPPED OVERSEAS" which means companies like TATA or INFY or some Chinese company taking my Job ( or any American's Job ) away from US to INDIA or CHINA. If you are planning a future in US - you would not want your US job taken away by your brother at INDIA or CHINA and Barack will make sure that doesn't happen.

    The Bottonline is he will create tons of Jobs at US , so unemployment will be very low , average peoples will be happy and however loud ANTI-IMMIGRANTS scream and shout no AMERICAN will pay attention. Our EB reforms will Pass much easily and we will be able to able to lead a much happier and content life with GREEN CARD.

    Once again my Point is definitely Long Term - in the shorter duration Barack has to first fix the Mortgage Mess and do something with Iran by taking help from EUROPE.



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  • nogc_noproblem
    08-26 07:19 PM
    Two rednecks were looking at a Sears catalog and admiring the models.

    One says to the other, 'Have you seen the beautiful girls in this catalog?'

    The second one replies, 'Yes, they are very beautiful. And look at the price!'

    The first one says, with wide eyes, 'Wow, they aren't very expensive. At this price, I'm buying one.'

    The second one smiles and pats him on the back. 'Good idea! Order one and if she's as beautiful as she is in the catalog, I will get one too.'

    Three weeks later, the youngest redneck asks his friend, 'Did you ever receive the girl you ordered from the Sears catalog?'

    The second redneck replies, 'No, but it shouldn't be long now. I got her clothes yesterday!'




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  • krishna
    02-21 12:57 PM
    I am pretty sure he has figured out that he will not last in Congress. Hence he has chosen the route of being a TV show host and wants to try and influence policy in washington thro' his rants. He is nothing but a grumpy old man who vents his frustration on immigrants through his rants on TV. It is always good to know how people like him think and can try to influence policy but we should tune him out because what he says is irrelevant.




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


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




    Macaca
    05-11 05:34 PM
    Catching Scent of Revolution, China Moves to Snip Jasmine (http://www.nytimes.com/2011/05/11/world/asia/11jasmine.html) By ANDREW JACOBS and JONATHAN ANSFIELD | New York Times

    Do not be lulled by its intoxicating fragrance or the dainty, starlike blossoms whose whiteness suggests innocence and purity. Jasmine, a stalwart of Chinese tea and the subject of a celebrated folk song often heard while on hold with provincial bureaucrats, is not what it seems.

    Since Tunisian revolutionaries this year anointed their successful revolt against the country�s dictatorial president the �Jasmine Revolution,� this flowering cousin of the olive tree has been branded a nefarious change-agent by the skittish men who keep the Chinese Communist Party in power.

    Beginning in February, when anonymous calls for a Chinese �Jasmine Revolution� began circulating on the Internet, the Chinese characters for jasmine have been intermittently blocked in text messages while videos of President Hu Jintao singing �Mo Li Hua,� a Qing dynasty paean to the flower, have been plucked from the Web. Local officials, fearful of the flower�s destabilizing potency, canceled this summer�s China International Jasmine Cultural Festival, said Wu Guangyan, manager of the Guangxi Jasmine Development and Investment Company.

    Even if Chinese cities have been free from any whiff of revolutionary turmoil, the war on jasmine has not been without casualties, most notably the ever-expanding list of democracy advocates, bloggers and other would-be troublemakers who have been pre-emptively detained by public security agents. They include the artist provocateur Ai Weiwei, who remains in police custody after being seized at Beijing�s international airport last month.

    Less well known are the tribulations endured by the tawny-skinned men and women who grow ornamental jasmine here in Daxing, a district on the rural fringe of the capital. They say prices have collapsed since March, when the police issued an open-ended jasmine ban at a number of retail and wholesale flower markets around Beijing.

    Zhen Weizhong, 47, who tends 2,000 jasmine plants on about an acre of rented land here, said the knee-high potted variety was wholesaling at about 75 cents, one-third last year�s price. �Even if I could sell them, I would lose money on every plant,� he said, glancing forlornly at a mound of unsold bushes whose blossoms were beginning to fade. Asked if he knew about the so-called Jasmine Revolution and whether it had played a role in collapsing demand, Mr. Zhen shrugged. �I don�t know anything about politics,� he said. �I don�t have time to watch television.�

    Much like the initial calls on the Internet for protesters to �stroll silently holding a jasmine flower,� the floral ban is shrouded in some mystery. The Beijing Public Security Bureau declined to answer questions about jasmine. But a number of cut flower and live-plant business owners said they had been either visited by the police in early March or given directives indicating that it had become contraband.

    Several of those who run stalls in one large plant outlet, the Sunhe Beidong flower market, said the local police had called vendors to a meeting and forced them to sign pledges to not carry jasmine; one said she had been instructed to report to the authorities those even seeking to purchase jasmine and to jot down their license plate numbers. (She said she had yet to detect any subversives seeking to buy jasmine at her stall.)

    Although some vendors were given vague explanations for the jasmine freeze � that the plant was �symbolic� of those people who wanted to sow rebellion � most people involved in the flower trade have been largely left in the dark about why they should behave with such vigilance, and some professed ignorance of the ban altogether. Thanks to a censored Internet, most Chinese have never heard of the protest calls in China, nor are they aware of the ensuing crackdown.

    In the absence of concrete information, fantastic rumors have taken root. One wholesale flower vendor at the Jiuzhou Flower and Plant Trading Center in southern Beijing said he heard the ban had something to do with radiation contamination from Japan. A young woman hawking floral bouquets at Laitai, a large flower market near the United States Embassy, said she was told jasmine blossoms contained some unspecified poison that was killing people. �Perhaps you�d like some white roses instead?� she asked hopefully.

    Wu Chuanzhen, 53, a farmer who tends eight greenhouses of jasmine on the outskirts of the city, said other growers had insisted that adherents of Falun Gong, the banned spiritual movement deemed an �evil cult� by the authorities, might use the flowers in their bid to overthrow the governing Communist Party. �I heard jasmine is the code word for the revolution,� she said. Her laughter suggested she thought such concerns were absurd.

    Many sellers, however, were less than eager to discuss jasmine with a foreigner, particularly at the Sunhe Beidong market, where a policeman could be seen last month nosing around the bouquets. Most quickly steered the conversation to more promising topics. �You don�t want to buy jasmine. It�s just not trendy this year,� said one clerk at the Laitai market, pointing to pots of lavender and rosemary.

    As is often the case in China, controls have a tendency to wilt in the face of mercantile pressures. After two months with little sign of jasmine at the markets, a few vanloads of the plants, their branches thick with blossoms, began to show up at wholesale centers last week. They were priced so low, the buyers could not resist. One retailer, who asked that only her surname, Cui, be printed, acknowledged that the original order had not been officially lifted but that the authorities had yet to interfere.

    Another vendor waved away talk of revolution and broke into a rendition of �Mo Li Hua,� a version of which was played each time medals were presented during the 2008 Olympics in Beijing:

    A beautiful jasmine flower,

    A beautiful jasmine flower,

    Perfumed blossoms fill the branch,

    Fragrant and white for everyone�s delight.

    Let me come and pick a blossom

    To give to someone,

    Jasmine flower, oh jasmine flower.



    US lambasts Chinese repression of dissidents as 'trying to stop history' (http://www.independent.co.uk/news/world/asia/us-lambasts-chinese-repression-of-dissidents-as-trying-to-stop-history-2282122.html) By Clifford Coonan | Independent
    Chinese Crackdown on Domestic Critics Extends to Writer Barred From Traveling (http://www.nytimes.com/2011/05/10/world/asia/10writer.html) By KEITH BRADSHER | New York Times
    A Cardinal's Warning on China (http://online.wsj.com/article/SB10001424052748704132204576285221267394028.html) By MARY KISSEL | Wall Street Journal
    China: A sharper focus (http://www.ft.com/cms/s/0/849f75dc-7b36-11e0-9b06-00144feabdc0.html#axzz1M2hLbDiL) By Jamil Anderlini and Kathrin Hille | Financial Times
    Fire and Ice
    Ai Weiwei�s cutting edge art, blogging, and sacrifice on behalf of freedom in China. (http://www.tnr.com/article/the-picture/88115/ai-weiwei-china-artist-arrested-moma-exhibit)
    By Jed Perl | The New Republic
    The Great Firewall of China (http://www.washingtontimes.com/news/2011/may/10/the-great-firewall-of-china/) The Washington Times Editorial
    Anish Kapoor Dedicates Art Work to Ai Weiwei (http://blogs.wsj.com/indiarealtime/2011/05/11/anish-kapoor-dedicates-art-work-to-ai-weiwei/) By Margherita Stancati and Josh Chin | IndiaRealTime
    A Tale of Nanjing Atrocities That Spares No Brutal Detail (http://movies.nytimes.com/2011/05/11/movies/city-of-life-and-death-from-lu-chuan-review.html) By MANOHLA DARGIS | New York Times




    pani_6
    07-12 11:29 PM
    EB3-I..please print the attached word doc and sign and mail it to Department of state..this week

    Moderator could you makes this Sticky please

    Could somebody also post the adderess of USCIS please..



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