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  • amitjoey
    08-05 01:29 PM
    I am an EB3 2003. I think I did qualify for EB2, but the job position did not require me to be in that category, moreover EB2 & Eb3 were both current and various other factors were considered and they decided to apply in EB3.
    NOW: It was my bad that I got stuck in the stupid BEC. A fellow I know with lesser qualifications applied in EB3 in 2004, then changed jobs, applied in EB2 in 2004 and has a green card already.
    DO YOU MEAN TO SAY: THAT YOU ARE GOING TO DENY ME MY 2003 PD IF I APPLY IN EB2. FORGET THINKING ABOUT IT! Not that it is easy or I am doing it. As a matter of fact, I am not interested!.





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  • unitednations
    08-02 06:36 PM
    Guys


    A simple question here ... I know that if an I 140 gets rejected 485 results in automatic denial as well as denial of all associated benifits. Is there any use with the labor? Can it be used to file for 140 again or can it be used to extend the H1B after 6 years.


    Re-file 140 or file an appeal on the 140.

    Filing the appeal; you will be able to extend the h-1b.





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  • h1techSlave
    12-26 10:01 PM
    Nobody's gonna come to wipe your ass. You gotta do it yourself.

    Yeah man, you put it correclty. India was always hoping that would happen.





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  • dartkid31
    05-24 12:46 PM
    Folks,

    I think if you one wants to eliminate or significantly reduce the number of H1B's or immigrant visas, then you can go ahead and label that person "anti-immigrant". I would be with you, saying that is definitely negative to America.

    So far I haven't seen Lou Dobbs doing that though. All the time I watch the program I see that man bringing up legitimate concerns. Lou Dobbs is a hero for Americans. The fact is that in general, wages have been stagnated for the last five years. What I have seen Lou Dobbs bringing up is that H1B numbers should not be increased. Don't you think that is a fair and rational approach ? Tell me. Honestly, when I learned this provision that they want to increase H1B visas at 20% every year, that appeared quite of a stretch to me. Folks, please be more rational and thoughtful please ?

    "Folks, please be more rational and thoughtful please ?"

    I think thoughtful and rational are NOT two words you would use to describe a Lou Dobbs broadcast. :D

    Extremely one sided, hateful, demagogry, those words would be more accurate.



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  • pitha
    10-06 12:14 AM
    Obama has already said that he will give top priority for cir07 in his first year in office. Both the radicals from Illinois, Obama and Durbin will send us packing. How ironic is it that one of the themes of Obama campaign is "hope" and obama wants to wipe out any hope of legal EB immigrants getting green card. He will force us into reapplying in the points based nonsense which means basically pack up and leave. Obama, is the biggest hypocrite ever, he preaches legal immigrants rights and behind the scenes he does everything to screw legal eb immigrants by changing rules of the game after the fact. His father himself came to USA on f1 visa and obama and durbin are screwing us.

    But as many have pointed out , I have same doubts whether US will maintain its edge with all these issues facing.

    Coming on to GC , its a mess already .. Dates even might retrogress more :-( but with new admin and initiatives like CIR07 if it passes again I dont what situation we might face.





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  • Administrator2
    04-06 07:47 PM
    Green card is for convenience – H-1B status is for survival!!!!

    As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.

    If we cannot stay in the US on H-1, then there is no possibility of a green card.

    Details of the discriminatory and impractical Senate bill
    Here is the link to bill summary:
    http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
    Please see section 2(e) and section 2(f)

    Here is the link to bill test:
    http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf

    The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, “the best and the brightest” H-1B employees will not be allowed to do any Consulting!!!!

    Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.

    This discriminatory bill will have following effects:

    1.) This bill will hurt all sectors of the US economy, directly and indirectly.

    2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.

    3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.

    Timeline and Urgency of this massive issue
    This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.

    What we have to do
    1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
    2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
    3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
    4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody’s support.

    Please standby for more information and action items.


    -----------------------------------------------------------------------------------------------------------------
    Clarification
    -----------------------------------------------------------------------------------------------------------------
    There is going to be no difference whether you ...

    1. Renew your H1 at the same company by filing an extension,
    2. Transfer your H1 to another company by filing a transfer or
    3. File a brand-new cap-subject H1 for someone who has never been on H1.

    ALL OF THE 3 WILL BE AFFECTED.

    For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).

    The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.

    But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.

    Hopefully, this will answer some of the questions.



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  • pappu
    08-06 11:10 AM
    PS.: When there is flood in Gangaji then it is not revered, only when it is within its banks it is revered and does good for society

    Wow. That was deep. :D





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  • NKR
    04-14 04:21 PM
    Exactly. This argument of buying house for kids is no argument. You can argue on either side. The problem is when NKR made a statement that it is big deal to not buy a house because your kid will ask "can you give back my childhood?". As if a 7 year old will regret not owning a house. The child will also regret not owning a playstation3, eat chocalates all the time, play all time. We all know what we wanted when we were kids.

    Comparing buying playstation3 and chocolates with buying a house is nojoke. The argument of buying playstation3 and chocolates is no argument.



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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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  • logiclife
    05-16 12:14 PM
    No need to have Durbin's bill. Just ban Outsourcing, then all jobs will come back and everybody will be happy here in US.

    US congress cannot force investors to invest money only in US and get work done only in US.

    Its not possible for US Government to ban outsourcing. The only thing they can do is create incentives to limit outsourcing. However, if a company still wants to outsource jobs overseas, Congress cant do ANYTHING about it.



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  • xyzgc
    12-28 03:48 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.

    Covert operations are also war. Read war as concrete steps to curb this terrorism. Terrorist camps may be moving targets, identify them using intelligence and eliminate them. India is already at war, the world is also at war with Terrorism. Its a global issue - at the very least your coworkers are going to be concerned about business trips to India, if this is not nipped in the bud.

    Here's a thought - India should start manufacturing and exporting armaments.
    We can also export some artillery to Pakistan and invest the profits wisely. That way defence budgets go down and the funds can be used for improving national security (e.g: junk the British Raj rifles Bombay police use, provide them better bullet-proof vests and helmets), humanitarian causes and so on.We can offer it at competitive prices so that Pakistan doesn't have to rely on the Chinese, the Russians and the Americans. And we don't rely on the Israelis and the Americans.
    India can be part of a profitable armament race and build a nation of defence contractors.
    It will also give a boost to allied manufacturing industries in India, generate employment, so that they can also contribute to India's GDP in a big way.





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  • somegchuh
    03-24 07:33 PM
    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.



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  • ca_immigrant
    06-23 12:38 PM
    Here is one calculation that might give you one more reason to buy...

    This is taking into consideration bay area good school district ....


    say you are currently in a 2 bedroom paying around $1900 rent (say cupertino school district)

    you buy a townhome for around $500k putting down 20%
    so loan amount is 400k
    @ 5% instrest your annual intrest is $ 20k.
    Say 3k HOA anually...
    Property tax....as a rule of thumb, I believe (and have heard from others) whatever poperty tax you pay comes back as your mortgage intrest and property tax is deductable.
    So not taking property tax into account....your annual expense is 23k.

    now here is the nice part....
    you get 8k (or is it 7.5k ?) from FED for buying a house (first time buyer)

    If you get a real estate agent who is ready to give you 50% back on the comission you can get back around 7.5k (assuming the agent gets 3% comission)...I know those kind of agent exist for sure !!

    There is something I have heard about CA also giving you 10k for buying new homes...but I am not sure of this so will leave it out of the calculations...

    so total amount u get back....8k+ 7.5k = 15k approx..

    1st year expense = 23k
    1st year actual expense = 23-15 = 8 k

    which mean monthly rent = 8k/12 = $666 per month (it is like paying $666 rent for a 2 bedroom in cupertino school district)

    Will the property value go up ? I do not know (I wish I knew)...

    Is there a risk ? I would think yes....

    Percentage of risk ? I would think keeping in mind current prices the risk is low...

    I am not telling that you should buy or not buy....just provided one piece of the calculation....-;)

    All the best !





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  • Macaca
    12-26 09:33 PM
    Wal-Mart Lobbies Above Retail Value (http://http://www.washingtonpost.com/wp-dyn/content/article/2007/12/26/AR2007122600874.html) By DIBYA SARKAR | Associated Press, Dec 26, 2007

    WASHINGTON -- Wal-Mart's message to America is "Save money. Live better." Its motto in Washington might best be summed up another way: Spend more. Lobby harder.

    The world's largest retailer spent nearly $1.8 million in the first six months of 2007 and is on pace to break the nearly $2.5 million it spent for all of 2006.
    While overall spending on lobbying appears to be slowing a bit, some industries, such as private equity, and companies, such as Wal-Mart Stores Inc., are bucking the trend.

    A relative newcomer to lobbying, the Bentonville, Ark.-based company is making sure Capitol Hill knows it doesn't take a discount approach to getting its message out about everything from immigration to financial-services licensing.

    Wal-Mart spent more than $4 million lobbying in the past 18 months compared with the $6.6 million it collectively spent in the prior seven years, according to federal lobbying reports.

    The retail sector as a whole isn't a lobbying juggernaut in Washington, where defense, energy and pharmaceutical industries write the big checks. For example, Target Corp. spent $100,000 in lobbying expenses in the first six months this year, Sears Holding Corp. spent about $141,000, while defense contractor Lockheed Martin Corp. spent $4.8 million in the same period.
    Wal-Mart spokesman David Tovar would not comment on specific legislation or issues. He said the company's spending depends on the congressional agenda.

    This year, that agenda included immigration reform legislation that failed and a minimum wage-hike bill that passed. The company has said higher wages will push up the cost of goods for customers.

    For their part, Wal-Mart lobbyists pushed for tougher tactics against organized retail crime and for legislation promoting electronic health records and other technology aimed at reducing health-care costs.

    But, Wal-Mart, long criticized for having skimpy employee health-insurance benefits, also lobbied against legislation that would allow employees to form, join or help labor organizations. Its employees are not unionized.

    In the financial services arena, Wal-Mart dropped a bid for a bank license earlier this year after it was strongly opposed by banks, unions and other critics. It continues to push for the ability to offer other financial services, such as prepaid Visa debit cards for millions of low-income shoppers who don't have bank accounts.

    Other issues listed on the disclosure form included legislation tied to international trade matters, currency, taxes and banking.

    Brian Dodge, spokesman for the Retail Industry Leaders Association, which counts Wal-Mart, Costco Wholesale Corp. and Target among its 60 retail members, said in the last few years his group's lobbying efforts have increased involving various issues, including product safety, the environment, organized retail crime, health insurance and jobs.

    While he couldn't speak specifically about Wal-Mart, Dodge said the retail industry must deal with more complex matters, such as imported products involving increased government oversight by several agencies.

    Wal-Mart, which established a Washington shop about 10 years ago, spent just $140,000 in 1999. It spent about a $1 million annually for the next several years, before increasing its lobbying representation and funds in 2005 amid increased criticism of labor practices and benefits.

    "For a long time, Sam Walton really didn't think that Wal-Mart should be involved in politics," said Lee Drutman, a University of California at Berkeley doctoral student who is writing his dissertation on lobbying. "That was part of his actual belief so Wal-Mart was late to the game."



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  • nanban007
    07-14 12:56 PM
    I am a silent viewer all these days. My PD is DEC 2001 EB3-I. Thanks for the letter and I will send it today . Let us try our best. Cheers, Nanban





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  • srkamath
    07-13 06:28 PM
    I don't think the issue is that simple. .........Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.

    ABSURD !



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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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  • unitednations
    07-08 10:41 AM
    Hi,
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.


    The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.

    However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.

    I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.

    Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.

    To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.





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  • Macaca
    02-28 09:39 AM
    Jack Abramoff, Jack Abramoff ... (http://www.nytimes.com/2008/02/28/opinion/28thu2.html?ref=opinion) NYT Editorial, Feb 28

    Anxiety is palpable in the House as lawmakers try to wriggle out of a vote on whether to create an independent Office of Congressional Ethics. Despite last-minute cries of alarm and resistance from both sides of the aisle, the public is counting on Speaker Nancy Pelosi to stand fast and steer this overdue dose of ethics reform to passage.

    The office would have six professionals, appointed by the two party leaders, charged with the task of screening complaints of misbehavior for possible referral to the House ethics committee for fuller inquiry. Opponents from both parties openly worry that partisan rivals would hand over false complaints and that any investigation � including those that don�t result in a referral � could threaten their careers.

    Fears of any runaway inquisition can be more than negated by the appointment of blue-ribbon, nonpartisan professionals. Even now, those fears are being exploited by some Republicans. According to National Journal�s Congress Daily, Republican staffers have been threatening to use the office to target a hit list of Democrats this fall. This would be a new low in tooth-and-claw partisanship, and cooler heads had better prevail in the caucus.

    Members should face up to a vote that tests their mettle � and most recent campaign promises � as upholders of ethical reform for the peoples� House. We suggest lawmakers fight their anxiety by quietly repeating the name Jack Abramoff, Jack Abramoff � the imprisoned superlobbyist who corrupted House members � as a prevote mantra.

    Or they could chant the name Rick Renzi, the House member indicted on 35 counts of fraud, money laundering and extortion for allegedly netting $700,000 in a political land scheme. He joins a half-dozen other members plus staffers already brought down while the House ethics committee looked the other way.

    Critics have compromised the measure enough by stripping subpoena power from the proposed integrity office. However anxious, the House can�t duck cleaning up its ethics act. Lawmakers may even find doing the right thing an impressive accomplishment to present to the voters back home.


    Louisiana Governor Pierces Business as Usual (http://www.nytimes.com/2008/02/28/us/28jindal.html) By ADAM NOSSITER | NYT, Feb 28





    pitha
    04-08 05:43 PM
    Bill Preskal (I am not sure about the spelling of his name) is going to introduce a semilar bill in the house within the next few weeks. Seems like there is a well oiled machine which is stream rolling this.





    hopefulgc
    08-06 11:13 PM
    Abe.. lets call it "manhole".

    coz these days the environment is no better than that :D:D:D

    Mohol --> :D



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