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  • abracadabra102
    12-28 10:24 AM
    India defeating entire British empire without firing a weapon? Where did this come from? British colonized Indians for 150 years!
    If Indians were a military power, they wouldn't have been colonized in the first place.
    Do you seriously believe the dogma of non-violence Quit India movement drove the British away?:)

    I agree with you. British occupied USA and India at around same time (1600) and USA got it's independence by 1789 and we had to wait until 1947. UK was very badly hurt post second world war and had to borrow money heavily from USA to pay for veterans and keep war time employment rates. Clement Atlee in his wisdom thought that UK can not maintain it's empire any longer and let go of colonies. Winston Churchill was opposed to this but could not prevail over Atlee. I admire Mahatma immensely. But let us not kid ourselves that we got independence solely based on peaceful independence struggle. To all those peaceniks, if you think non-violence is such a great weapon, why can't we scratch the whole army and use that massive defence budget for something else? If we are maintaining an army, we are going to use it some time.





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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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  • niklshah
    07-13 09:00 PM
    I dont agree at all!!!!!!!

    How can you give consideration to people already in line at the expense of other people from a higher preference category also waiting patiently in line. Regardless of the duration of the wait EB3 is a lower prefrence category and will remain so under any interpretation. Remember that even under the 'old' interpretation EB3-I only got visa numbers after passing through the EB3 ROW and the EB2-I gate.

    Notwithstanding the 'new' interpretation, an argument can always be made that the 'old' interpretation was not only wrong but blatantly wrong where EB3ROW was given preference over an EB2 retro country.

    The only fix for this is elimination of country cap and/or increase in number of visas. The means to acheive that goal may be legislative or administrative. I'll defer to the experts on that!
    \
    relax buddy,

    dont jump too much, i can see u are EB2 and trust me this date can go back anywhere without u getting ur golden card...i am EB3 and i am a pharmacist and i dont know why we are in EB3, we have much more demand than the computer people who all are in EB2. so buddy good luck if u get ur card in few months.... just pray for us....thank u...





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  • zxcvb
    07-17 10:37 PM
    Hi UN,

    What if the employee gets paid less than what is mentioned on the LCA on H1. Is that considered Out of Status?

    Thanks in advance



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  • rockstart
    07-14 08:28 AM
    In the letter Phani mentions DOL asked companies to file EB3 instead of EB2 because of slow economy in 2001-2002. Is there any official communication regarding this? According to my understanding of the process and rules. It is job requirement that drives the labor category (EB2 or EB3). Most jobs require bachelors degree with some experience and hence are classified as EB3. There are other jobs that need more skills ( according to employer and endorsed by DOL) which also demand little more salary. These get qualified as EB2 and then there are speacialist jobs that require very highly qualified people which are EB1. Its employers responsiblity to convince the DOL in labor and I140 stage that he needs a guy for a specialist job (EB2) and that he can afford to pay the candidate. Whether economy is slow or Fast if as an employer I have the money to pay the candidate and I have a need for his skills I can file and definately get my EB2 approved. I think what happened in 2001 was since economy was slow and companies were not doing great financially the lawyers must have cautioned the employers against filing EB2 since DOL could audit it and if comapnies are not doing good they might not be able to justify the Eb2 salaries. That is my guess please correct me if I am wrong. DOL will never advice companies to file EB2 or EB3 their job is to validate the job requirement A2P and Candidates qualifications.





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  • gc_aspirant_prasad
    09-26 02:52 PM
    Whats even worse is that our son who is a US citizen will grow up in some other nation.
    Well.. time to move on.

    For a number of us this is the unfortunate truth, that our US citizen children will grow up in other countries and may never have the opportunity to form the strong bond with the land of their birth. If they return, they will have to undertake the hard process of acclimatization again.
    For those of us who have slightly older children like teens and such - its going to be a major issue as they will have spent considerable time in this system ( educational / social ).



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  • akred
    04-09 12:06 AM
    If this bill passes along with CIR, that gives the ability to file for 485 even without visa numbers being available, I think most of the placement companies would file for LC (PERM) as soon as they recruit someone (and get H1 approved). That would allow them to file for 140 and 485. Am I missing something here?

    Yes, you are missing something. The processing times for LC(PERM) and for I-140 are not guaranteed. There will be trouble if either of these take an extended amount of time like the multi-year waits that we saw in the recent past. So, the ability to file I-485 without visa number availability will address current filers, but may not protect future filers.





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  • mihird
    07-15 04:34 PM
    When did we ever insult americans ? that is purely a figment of your own imagination. If we did we wouldnt have the face to ask for reforms to the GC process the way we are doing now. We never claimed america would collapse if we departed .. but make no mistake we DO make a HUGE contribution to this country, disproportionate to our relative numbers. Low wage bodyshops are the bad apples; that is hardly representative of the EB-H1B community at large. And it is highly cynical of you to believe congressmen initiate reforms solely for contributions; while that is a factor, it can never be the sole one. The american electorate is there to give them the boot next time they ask for their votes. You still have a lot to learn about how the world works my friend.

    Bulk of H1-B holders are a great asset to this nation! I would rather salute the American nation and its government for putting together such a wonderful program, that manages to bring in the best talent of the world and utilize it to further stimulate its economy. Low paying body shops replacing the American worker are just bad apples and represent a very small portion of the H1-B population.

    I only wish the GC process differentiated between these two and put people in the queue accordingly. People randomly getting kicked out of the queue and starting over, and labor substitution helping people jump the queue...this is all the mess that really needs to be cleaned up..

    Though, honestly I think the best of best H1-B cream is gonna jump ship to other countries if the GC process is not fixed soon enough! Country specific hard quotas makes no sense in EB green cards. I am even surprised it has taken Americans so long to come up with something like the SKIL bill...

    I think, it is long due..



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  • natrajs
    10-01 09:30 AM
    If Obama becomes Prez

    1)Sen. Durbin will play major role in immigration policy which may take us to Stone Age.
    2)CIR is only resolution for the immigration ( Bills like HR 5882 will go away)

    If McCain becomes Prez

    1)Anti �immigrant lobbyist will take center stage and will not allow CIR to pass through
    2)Smaller measures like HR 5882 will have chances to pass through

    This is my opinion and it may differ from others. Its like catch 22, I have very little hope on either of them, more over based on the current economic situation. whoever the prez their focus will be on fixing the economy rather than immigration - my 2 cents





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  • AbraKaDabra
    11-15 10:56 AM
    This guy changes sides based on the audience, check out his latest rhetoric, looks like he is feeling the heat from the results of the current elections:

    ...Zakaria refers to "CNN's Lou Dobbs and his angry band of xenophobes" and Jonathan Alter describes those who agree with me as "nativist Lou Dobbsians." But Alter and Zakaria are far too bright to not know better. I've never once called for a restriction on legal immigration -- in fact, I've called for an increase, if it can be demonstrated that as a matter of public policy the nation requires more than the one million people we bring into this country legally each year.....

    http://www.cnn.com/2006/US/11/14/Dobbs.Nov15/index.html



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  • srkamath
    07-13 12:11 PM
    I really admire this initiative for EB3-I by some members. We need a strong argument to put forth. This letter is very weak. The opening statement needs work. There are too many abbreviations.

    Please do not make the letter sound like a whine or a rant about someone else who followed the rules getting ahead - this will not work, neither will a plea.
    Complaining to the USCIS or DOL or DOS that they are not interpreting the law favorably for a certain group will not make the cut. None of them have much discretionary authority here and definitely no arbitrary powers.

    The executive branch of the US gov (incl DOL, DOS, DHS) is limited to working within the law - they can revise their interpretation of a law if it converges with the intent of congress - not if it diverges from it.

    Immigration laws are written to benefit the US and not for fairness to potential immigrants - that is how it is. The DOS is presently interpreting the law the most accurately ever. The problem is the law - not the interpretation.

    EB3 badly needs backlog relief. This is a congressional matter and not executive.





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  • Macaca
    02-13 09:38 AM
    10 Reasons to Lobby for your cause (http://www.independentsector.org/programs/gr/10ReasonstoLobby.pdf) (courtesy krishna.ahd)

    For many of us, lobbying is something other people do—people who wear fancy clothes and buy politicians lunch at expensive restaurants. But lobbying, or more simply, trying to influence those who make policies that affect our lives, is something anyone can do. And it is something all of us should do if we believe in a good cause and in a democratic form of government. Read on to find out why.

    You can make a difference. It takes one person to initiate change. Gerry Jensen was a single mother struggling to raise her son in Toledo, Ohio, without the help of a workable child support system. She put an ad in a local newspaper to see if there were other moms who wanted to join her in working for change. There were. Over time, they built the Association for Child Support Enforcement, or ACES, which has helped change child support laws not just in Ohio, but across the country. One person—a single mother—made a difference.
    People working together can make a difference. Families of Alzheimer’s patients working together, through the Alzheimer’s Association, convinced the government to invest resources into research for a cure. Other individuals formed Mothers Against Drunk Driving and convinced dozens of states to toughen up their drunk driving laws. As a result, the numbers of drunk driving deaths are lower. Additionally, many people find healing from tragedy by telling their stories and working to prevent it from happening to others.
    People can change laws. Many of us think that ordinary individuals can’t make a difference. It is hard to change laws and policies. But it can be done. It has been done, over and over again in our history, in the face of great obstacles. People lost their lives fighting racist “Jim Crow” laws. They won. Women didn’t even have the power of the vote—as we all do today—when they started their struggle for suffrage. Our history is full of stories of people and groups that fought great odds to make great changes: child labor laws, public schools, clean air and water laws, social security.

    These changes weren’t easy to achieve. Some took decades. They all took the active involvement—the lobbying—of thousands of people who felt something needed to be changed.
    Lobbying is a democratic tradition. The act of telling our policymakers how to write and change our laws is at the very heart of our democratic system. It is an alternative to what has occurred in many other countries: tyranny or revolution. Lobbying has helped keep America’s democracy evolving over more than two centuries.
    Lobbying helps find real solutions. Services provided directly to people in need, such as soup kitchens, emergency health clinics, and homeless shelters, are essential. But sometimes they are not enough. Many food pantries, for example, needed new laws to enable caterers and restaurants to donate excess food so the kitchens could feed more people. Family service organizations working to place abused children into safe homes needed changes in the judicial system so kids did not have to wait for years for a secure place to grow up. Through advocacy, both changes were implemented.

    People thinking creatively and asking their elected officials for support can generate innovative solutions that overcome the root-cause of a problem.
    Lobbying is easy. Many of us think lobbying is some mysterious rite that takes years to master. It isn’t. You can learn how to lobby—whom to call, when, what to say— in minutes. While there are a few simple reporting rules your organization needs to follow, it isn’t complicated. Countless numbers of people have learned how. Lobbying is easier and more effective when many committed people work together. One person does not have to do everything or know everything.
    Policymakers need your expertise. Few institutions are closer to the real problems of people than nonprofits and community groups. They see problems first-hand. They know the needs. They see what works and what doesn’t. They can make problems real to policymakers. They care about the problems. Their passion and perspectives need to be heard. Every professional lobbyist will tell you that personal stories are powerful tools for change. People and policymakers can learn from your story.
    Lobbying helps people. Some people become concerned that lobbying detracts from their mission, but quite the opposite is true. Everything that goes into a lobbying campaign—the research, the strategy planning, the phone calls and visits—will help fulfill your goal whether it be finding a curefor cancer, beautifying the local park, or helping some other cause that helps people. You may not personally provide a direct service, but through your advocacy work, you enable thousands of others to do so.
    The views of local nonprofits are important. Increasingly, the federal government has been allowing local governments to decide how to spend federal money and make more decisions than in the past. This change gives local nonprofits even more responsibility to tell local policymakers what is needed and what will work. And because more decisions are being made locally, your lobbying can have an immediate, concrete impact on people in need.
    Lobbying advances your cause and builds public trust. Building public trust is essential to nonprofit organizations and lobbying helps you gain it by increasing your organization’s visibility. Just as raising funds and recruiting volunteers are important to achieving your organization’s mission so is lobbying. You miss out on an important opportunity to advance your cause if you don’t think as much about relationships with local, state, and federal government.



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  • thomachan72
    07-08 08:56 AM
    Avery sad situation indeed. Hoping and praying that you see the silver line around the dark cloud fast. Is anybody aware of lawyers who would work through such situations for legal immigrants for free? I know it seems an absurd question, but in this country there are many service minded people also. One suggestion I have is to contact a nearby church / christian ministry and see is there are any lawyers with them who would give advice for free. I know many churches conduct free vaccination, health evaluation, maternity camps which specifically target desperate immigrants / poor american citizens.





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  • Macaca
    01-28 09:01 AM
    Lou Dobbs does not present all facts. He presents facts to support his agenda; he is against legal immigration. He is NOT a news reporter. This is very obvious. Most balanced minds ignore his rants.

    He is the only one on CNN who presents his opinions. I think he has a special contract. CNN wants viewers with his opnion.



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  • gimme_GC2006
    03-23 08:23 PM
    ok...this is something..

    apparently they called my employer also and has asked them to provide all details.

    All I-9s
    All performance appraisals
    my works schedule
    my vacation requests this year
    current salary
    supervisor details


    :)





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  • insbaby
    03-25 07:05 AM
    Ok, so everytime I see a rent vs buy discussion I see apartment living compared with living in a house. This may not apply to a lot of other places but here's how it goes in SF Bay Area:

    Rental
    Apartment: Decent sized 2 Bed/2 Bath --- $1600 pm
    House : Decent sized 3 bed/2.5 bath --- $2000 pm

    Mortgage:
    House : Decent sized 3 bed/2.5 bath --- $3500 pm

    So, is additional 1500 pm worth the money? Why not rent a house? What's the point of trying to get into a sliding market when even Greenspan can't say where the bottom is?

    I am in a decent sized apartment right now and if I have to upgrade its a rental house. Buying in a sliding real estate market doesn't make sense to me.

    35% to 40% of your 'take home' can be spent on the residential property. If the total monthly payment for home does not exceed that limit, if you really need, if you are willing and if you can, it is not a bad option to buy.



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  • rinku1112
    12-28 03:24 PM
    While I would love India to retaliate in some fashion on Paki soil to show them that there are going to be consequences for messing on Indian soil, I think this is not the time to strike overtly on Pakistan however.

    Why now is not the right time?

    Because this whole War hysteria is mostly being whipped by one side - Pakistan. Immediately after Mumbai atrocities there were street protests organized by Islamic fundoos like Jamat-ud-Dawa, JeM, etc in major cities in Pak to protest against India. They were supposedly protesting because India is going to attack Pakistan! Most Indians were amused at that time as they were busy attacking their own politicians at that time for their Intelligence failures. This shows to some extent that something else is going on here and Pakistan army or elements within it want tensions on Indian border.

    Why will they want that on Indian border in case it boils over into a war that they will never win? Because the Americans on Pak's western border are putting a lot of pressure on Paki Army to attack the Taliban and other Islamic fundamentalist nut cases that their own Intelligence arm - ISI - has helped train and arm. These nut cases are their assets for all the covert attacks on India to keep it tied down in Kashmir and elsewhere.

    Besides they know that India will never attack and even if they did the International community will be pissing in their pants (including US) about the prospects of Nuclear armageddon and come to Pakis' rescue with a ceasefire call. Zardari and his Civilian Govt. Institutions will take the blame in Pakistan for succumbing to international pressure and stopping the brave Paki army from decimating kafir/powerless Indians. Army will announce a coup promising more security against India and overthrow Zardari/Gilani or whoever and entrench themselves again back in power for another decade.

    What will America do?

    US and rest of the world while shaking with fear about the nuclear war that was averted will start focusing foolishly (or maybe for their own clandestine gain) on Kashmir as the core issue and pressure India to give it freedom! What more does Paki army need? India-Pak hypenation is back so that Pakis feel important in International circles again. Tensions alive on their Eastern border to keep the army as center of focus and power internally in Pakistan. Covert terrorism in Kashmir will again resume with all the international attention on it, and Indian army and diplomacy is tied down there, and all the Taliban and other Islamic nut cases that they trained and armed have a cause to give up their worthless lives and not be fighting the Paki army for achieving their goal of going to heaven for quality time with some virgins.

    Besides Americans dont care if Kashmir is blowing up - infact they would love to see an independant state their to get a leg firmly in South Asia.

    So what should India do?

    Not go to war overtly now. Start covert operations inside Pakistan on war footing and start funding and support for Balochi, Sindi, Mohajir, Pushtun, Baltistan freedom movements inside Pakistan. If there is any other terrorist attack in India, activate these people inside Pakistan to blow up their prime targets - Muridke headquarters of Jaamat-ud-Dawa for instance. Assinations of ISI officers, encourage suicide attacks on their army camps, cantonments. In other words make them feel the cost of any further attacks inside India, but covertly. And also take the covert proxy war to their soil.

    For now, India should not attack Pakistan and give their army an excuse to squirm away from fighting their own created Franenstein monster - Islamic Jehadists on Western border. Indian army should sit back, relax and let the Paki army take their own creation on their Western front.

    I hope the internal politics inside India dont come in the way of the above goal.





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  • Macaca
    03-13 08:29 PM
    Some paras from New Math on Hill, Scramble on K Street (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/12/AR2007031201579.html) -- The House's pledge of fiscal restraint could threaten tax breaks across many industries. Businesses and the lobbyists who represent them are on high alert.

    Lobbyists are scrambling all over Capitol Hill to prevent any of their clients from becoming a "pay-for."

    The Democrats' new pay-as-you-go budget regimen means that lawmakers who want to spend more on one program have to either cut another or raise taxes to pay for it. Similarly, if they want to cut taxes, they must fund the cut by trimming programs or raising other taxes to make up the difference.

    Those budgetary offsets are called pay-fors -- a new Washington buzzword striking fear in the hearts of special interests.





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  • vijay0101
    07-14 05:30 PM
    http://www.dol.gov/esa/media/press/whd/whdpressVB2.asp?pressdoc=seattle/20051573.xml

    http://www.dol.gov/esa/media/press/whd/whdpressVB2.asp?pressdoc=seattle/20051573.xml

    News Release

    U.S. Department of Labor
    Wage and Hour Division
    Release Number: 05-1573-SEA (05-145)
    Date:
    Dec. 2, 2005

    Contact:
    Michael Shimizu

    Phone:
    1-866-4-USWAGE



    Ajay International of Bothell Ordered to Pay $65,830 in Back Wages to Three Employees
    SEATTLE -- Ajay International Inc., Bothell, Wash., has been ordered to pay $65,830 in back wages to three employees, the U.S. Department of Labor announced today. The department�s Wage and Hour Division also fined the company $18,400 in civil money penalties for violations of the Immigration and Nationality Act�s H-1B visa program, including the failure to pay the prevailing wage to non-immigrant workers.


    Also, in a motion for summary judgment, the Administrative Law judge ordered the firm debarred from filing any new Labor Condition Applications under the Act for a period of two years.

    �This employer failed to pay the required prevailing wages to employees, misrepresented material facts, failed to provide notice of filing, accepted payment from an H-1B worker for filing fees, failed to maintain required records, and violated other provisions of the Act,� said Donna Hart, Seattle district director for the Wage Hour Division.

    The H-1B visa program permits employers to temporarily hire non-immigrants to fill specialized jobs in the United States. An employer must pay an H-1B worker at least the same wage it pays other employees who perform the same type of work or the prevailing wage in the area.

    Seattle area-based Ajay International is an employment agency in the high-technology field. The department's investigation covered the period April 1, 2003, through Jan. 31, 2005.

    The Wage and Hour Division recovered nearly $200 million in back wages in fiscal year 2004 for more than 288,000 workers nationwide. Average days to resolve a complaint during that time decreased from 108 to 92 days.

    For more information about the H-1B non-immigrant worker visa program and other provisions of the Immigration and Nationality Act enforced by the Wage and Hour Division, contact the Seattle District Office at 206-398-8039 or the department�s toll-free help line at 1-866-4USWAGE (1-866-487-9243). Information is also available at www.wagehour.dol.gov.


    ###

    --------------------------------------------------------------------------
    The information in this release is available in alternate format (large print, Braille, audio tape, and disc) from the COAST office. Please specify which news release when placing your request. Call 202-693-7773 or TTY 202-693-7755.

    --------------------------------------------------------------------------"

    Hi Guys

    Be Careful with The Ajay International Inc www.ajay.com and The Real Technologies USA Inc web sites used www.realtechusa.com . And the Person Name "Sanjay Tyagi". This is the company recently black listed by DOL Seattle and then they opened a new company Name called �Real Technologies USA Inc" with web site www.realtechusa.com and doing the same thing to get the black listed. So I like to warn the guys who are working for them or considering working for them should have rethink about their decision. Please be very careful when you are dealing with this guy and the company.
    So spread the word.
    You can read the press release above in this post.





    willwin
    07-14 08:09 AM
    willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first.
    Whether EB1 is presently retrogressed or not doesn't matter.
    Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
    Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.

    fine, then why are we working so hard to remove the per country limit? That was set by law too!!!

    We can't pick only those options that would favor us. Sometimes changes bring hard-luck.





    bondgoli007
    01-09 06:40 PM
    a common sense guy like you would have dismissed iraqis claims of abuse in abu gharib.. america is a strong country, it doesn't need to molest prisoners..
    how luxurious for you to use ur common sense while victims still suffer after their stories were corobrated by unbiased witnesses
    bfadlia,

    I agree with you on most things you have said in your post and if you take a honest vote among the folks on this thread, you will find the overwhelming majority on the following views:

    1. The human loss and suffering of the innocent Gaza people is sad and horrific.
    2. Israel has reacted too strongly and used aggression to unacceptable limits.
    3. Palestine deserves its own state and power to govern itself.

    Now, the reason you have the same majority of folks respond in a manner that you, refugee and rayyan object and feel offended about is due to the following:

    1. You fail to acknowledge the role of Hamas in initiating this conflict AND not resolving this conflict. Even if you personally did, others have very ineffectively shied away from this point.

    2. There seems to be a lack of similar anguish and sympathy offered by you guys when it came to the mumbai attacks. Not saying you applauded the attackers but you didn't denounce them with the same vigor you are using to denounce Israel.

    3. Finally, the biggest reason you are getting such unwarranted and to an extent shameful posts on your religion is because you are not only ready to defend it when it's followers are the victim BUT also when it's followers are the aggressors (like in Mumbai attacks). And with all due respect to Palestinians, there seem to be more muslim aggressors in today's world than victims.

    In conclusion, I have nothing against you or the others. I am sure if I met you socially you will be a decent person. Lets hope peace is given a chance in Gaza and despite the differences educated people like us unite to fight for the common good...in these forums, it is EB Green cards.

    Cheers.



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