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  • unitednations
    07-09 10:55 AM
    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.

    Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.

    I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.





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  • riva2005
    04-09 11:57 AM
    Thx for saying that. My boss who is a professor in a research university at least thinks that way, and also believes that I am a leader (FYI riva2005). Frankly, if you are not displacing an American, and there is legal proof of that, there is no reason to worry. Also, mjrajatish: yes, it will be difficult to move in 2 weeks. Same holds for me too because they have to prove that Iam not displacing another American in the new workplace. I see nothing wrong in that.

    Great. Maybe you should put out an ad in the newspaper. Or maybe you should say in your EB1 petition "My boss believes that I am a leader". That ought to do it. I am sure USCIS will approve your EB1 right away when they see that your boss believes that you are a leader.

    My boss too believes many things. He believes that I can walk and chew gum at the same time. Maybe I should tell my parents about what my Boss believes. That would make them proud.

    Seriously rimzhim, you are thinking that only you and a handful of others with Ph.Ds are providing service to this country and others like "Consultants" are just getting a free ride. I am not a consultant myself, but I do see really smart and capable professionals doing consulting. You need to get out of your lab more. There are plenty of consultants in IBM, Accenture etc. who are some of the best brains in IT and management and who are either on H1B or used to be on H1B.

    Quite contrary, the best brains actually prefer consulting beacuse there is more money to be made in it. Many H1Bs doing fulltime jobs start consulting when they get greencards because consulting pays more.

    If you are really a scientist, you should be doing something good with your time rather than trolling the posts of EB3 losers like myself.

    Go shake some test-tubes or something. Or go to your boss's office and he will tell you how great you are.





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  • Macaca
    05-01 08:29 AM
    Lobbyists Who Bundle (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/30/AR2007043001506.html) -- Their fundraising for congressional candidates should be disclosed, Tuesday, May 1, 2007

    THE HOUSE Democratic leadership is to meet this week to determine the content of the lobbying reform package it says is one of its top priorities. The key test of the leadership's seriousness on this issue will be whether the proposal includes a provision to require lobbyists to disclose the bundles of cash they collect for lawmakers' campaigns.

    Such a requirement was contained in the Senate lobbying bill passed in January. The head of the House Democrats' campaign committee, Rep. Chris Van Hollen (Md.), sponsored a similar requirement last year and is pushing it again this time around -- despite the crimp it could put in his ability to raise money for his troops. But other influential House members are said to be balking, worried that merely requiring lobbyists to reveal the bundles could reduce the number and size of such donations.

    This is, of course, precisely why disclosure is essential. The influence that lobbyists wield can't be gauged by looking at their individual contributions. Their power comes in their capacity to deliver a stack of checks to grateful lawmakers. A lawmaker knows how much he or she is indebted to a lobbyist. So, you can be sure, does the lobbyist. The only ones in the dark are the public.

    This provision wouldn't ban bundling, just shine some sunlight on it. It wouldn't apply to all big fundraisers, just ones who make their livings lobbying the legislators for whom they're bringing in the bundles. House Democrats must keep this in mind: They're in power in large part because of the cozy, and in some cases corrupt, relationships their predecessors had with lobbyists. If they want to stay in power, they need to demonstrate that they are willing, finally, to do something about this.





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  • bfadlia
    01-07 12:55 PM
    Guys,

    I urge everyone to stop replying to this thread. I see a pattern going on, you discuss anything and discussion is diverted to muslim militancy.

    Please stop these type of discussions. It will only divide us.


    I agree, the conflict discussed here is a political conflict. It could have been resolved much easier if all sides stopped looking at it with the religious-end-of-times lens (jews: nile-to-euphrates empire belonged to us 3000 years ago, christians: jews from all over the world must be transfered back there for the messiah to return.. and muslims: end of times won't come until jews fight the muslims and we beat them)



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  • nojoke
    09-29 07:35 PM
    So you are ok with "colateral damage" to your GC ? I have never seen a school force creationism on a child, as for reading its the same everywhere (i remember in india my catholic shool was at pains to teach us that Ramayan was a legend...i didnt change my religion because of that). How many wars were fought during regans adminstration? Do you remember the tax rate during the Carter years? people were shelling out 17% on home loans while banks were paying 13% interest on their CD's. Media driven pontification is ok as long as you can substantiate them with valid reasoning. (Clinton years were good for us but some say that it laid the foundation for the dot com crisis, which lead to easy credit and so on)

    Ramayan was an epic written long time ago. It is a story(like stories in bibble). Creationism evolved just to oppose evolution theory and cause confusion to the evolution theory. They say it is based on science, when it is not. BTW evolution is also a fact, it is not just theory.

    Spending on needless wars are not helping economy. With this economy there is little chance for GC. If everybody wants tax cut, who will pay the debt. Keep borrowing? Some one has to pay the interest at the least..
    Clinton balanced the budget, while taxing the rich. McCain is for the 'trickle down economy' which we now see what it really is(DOW down 800 points). Obama is for tax cut for the average guys and not for the 'trickle down economy' scam.





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  • Macaca
    12-30 08:20 AM
    2007: Democrats in Control, but Thwarted (http://www.washingtonpost.com/wp-dyn/content/article/2007/12/30/AR2007123000447.html) By LAURIE KELLMAN | Associated Press, Dec 30, 2007

    WASHINGTON -- It's a painful irony for Democrats: In the space of a year, the Iraq war that was the source of party's resurgence in Congress became the measure of its impotence.

    By the end of the 2007, a Congress controlled by Democrats for the first time since 1994 had an approval rating of only 25 percent, down from 40 percent last spring. Then the debate over the war split the party and cast shadows over other issues, spawning a series of legislative failures and losing confrontations with President Bush.

    What to do about Iraq has turned into a dissing match so far-reaching and nasty that Congress's accomplishments are seen, even by some who run it, through the lens of their failure to override Bush and start bringing the troops home.

    "There is no question that the war in Iraq has eclipsed much of what we have done," House Speaker Nancy Pelosi told reporters. "If you asked me in a phone call, as ardent a Democrat as I am, I would disapprove of Congress as well."

    It's not as if the new Democrat-controlled Congress did nothing during 2007.

    It gave the nation's lowest paid workers their first raise in a decade, raising the minimum wage from $5.15 to $5.85 an hour in July. It will rise to $7.25 an hour in 2009.

    Congress also cut in half the interest rates on federal student loans and boosted annual Pell grants for post high-school education by $260 to $4,310 in July, rising to $5,400 for the 2012-2013 school year. Bush signed the bill after initially threatening to veto it.

    And just before Congress turned out the lights for the year on Dec. 19, Bush signed into law a sweeping new energy policy that requires automakers to achieve an industrywide average fuel efficiency for cars, SUVs and small trucks of 35 miles per gallon by 2020, a 40 percent jump. Some analysts said the new law will render gas guzzlers relics of the past and make farmers rivals of oil companies in producing motor fuels.

    "All of us deserve credit for getting some things done," Bush said in his year-end news conference, insisting that he doesn't keep score.

    But on the eve of an election year with the presidency and control of Congress at stake, many others do.

    In the year's firmest push-back against the Bush administration, Congress for the first time overrode one of Bush's vetoes, on a $23 billion bill for restoring hurricane-ravaged wetlands along the Gulf Coast and other water projects. The president had protested it was filled with unnecessary projects, but 34 Senate Republicans defied him.

    Democrats scored other political victories as well. Most significantly, a Democrat-led investigation revealed a troubled Justice Department and forced Alberto Gonzales, a longtime presidential friend, from the attorney general's office. Democrats also played a big role in selecting his successor, Michael Mukasey.

    But the story of Congress in 2007 is more about what it failed to accomplish during a war that the public opposes and that Democrats had vowed _ but did not _ to end.

    On that, they found themselves repeatedly outmaneuvered, unable to break bill-killing GOP filibusters with 60 votes in a Senate where Democrats held only what effectively is a 51-49 majority.

    Plans to expand health care for 10 million children stalled. And a fragile compromise put together by Bush and liberal Democrats to provide a path to citizenship for millions of immigrants buckled with only lukewarm support from all sides.

    Perhaps the most bitter pill came toward the end of the year. Democrats were forced to acknowledge that the decrease in violence in Iraq might mean that Bush's much-criticized surge buildup of troops was working.

    Simultaneously, they found themselves on the defensive against Republican charges that they squandered time on the war that could have been spent getting agency budgets passed on time. As usual, what has become an annual fix to the tax code to save 20 million families an average $2,000 in extra taxes was put off until the final days before Christmas.

    Predictably, Democrats and Republicans blamed each other.

    Majority Leader Harry Reid called Bush's "stubbornness" and Republicans' filibuster threats "obstruction on steroids."

    Republicans suggested Democrats could have accomplished big reforms on Social Security and immigration _ or even just speedy passage of the federal budget _ had it been in their election-year interests.

    "I just don't think the new majority wanted to do anything significant," said Senate Republican Leader Mitch McConnell of Kentucky.

    By most accounts, the window for accomplishing broad new reforms was quickly closing as the nation's political machinery rumbled into position for the 2008 presidential and congressional elections. On the ballot will be all 435 House seats and 35 of the 100 seats in the Senate.

    At stake is a wider Democratic majority, big enough to govern. A cascade of retirements by Republicans in the Senate made that goal achievable. Democrats hoped gain seats in the House, as well.

    So they labored to tout what they had accomplished in the majority. They suggested that what failed this year might pass with more Democrats elected next year.

    Bush has signed into law other initiatives of the Democratic-led Congress, such as $3 billion in funding for Louisiana's Road Home program to rebuild housing stock destroyed by Hurricane Katrina.

    Procedural and institutional reforms became law as well, such as changes in ethics and lobbying rules.

    Behind the scenes, Democrats and their aides debated which fights to pick next year with a lame duck president. Most likely, they said: the children's health care bill.

    Immigration reform, however, appears dead until the new Congress takes its seats in 2009.



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  • Macaca
    03-06 08:57 PM
    Some paras from Lobbying Bill Sparks Populist Uprising -- on Both Sides (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/05/AR2007030501370.html)

    The National Right to Life Committee and Rep. Henry A. Waxman (D-Calif.) are locking horns -- not over abortion, but over whether thousands of top executive branch officials should have to disclose the names of people who lobby them.

    Driven by the over-the-top, clandestine lobbying of Bush administration officials by now-convicted lobbyist Jack Abramoff, Waxman's House Committee on Oversight and Government Reform has unanimously approved the Executive Branch Reform Act. A spokesman for House Speaker Nancy Pelosi (D-Calif.) said that she backs the measure, which would require senior bureaucrats to report quarterly whom they speak to about government actions, and that she expects it to get a vote in the House.

    The legislation's advocates are also preparing to fight and they hope eventually to expand reporting to include lobbyists' meetings with lawmakers. Liberal watchdog groups such as Public Citizen, Common Cause and Democracy 21 yearn to give the public a clearer picture of who asks what from government officials all over the nation's capital.





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  • mheggade
    07-15 10:35 AM
    <SARCASTIC> Ignorance is Bliss. </SARCASTIC>

    I just hope sanity makes a come back and people will see that the new visa over flow interpretation is advantages to EB3-I.

    OLD over flow interpretation

    EB1 ROW ------->EB2 ROW---------->EB3 ROW.

    New over flow interpretation.

    EB1 ---------------->EB2------------------------>EB3
    (Any chargeability) (Any chargeability) (Any chargeability)

    Only condition is visa should be allotted to the oldest PD in the lateral distribution irrespective of the country chargeability. That's the reason EB2 I and EB C are having same cutoff dates and all EB3 is U. DOS took away the advantage of ROW and gave it to oldest PD in the category.

    With this new interpretation EB3 I dates can make rapid progress and I fail to understand why EB3-I is upset about this.



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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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  • ita
    09-26 06:53 PM
    There's is another thread running about the cause of Economic crisis,
    Essence of the thread is this video..some in the thread say they checked the information and what this video says is true..check this one out.

    Video:
    http://www.youtube.com/watch?v=H5tZc8oH--o

    Here' the thread:
    http://immigrationvoice.org/forum/showthread.php?t=21745

    Thank you.



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  • ksr
    08-09 05:26 PM
    Hi UN,

    Sorry to post here. I have posted in some other thread but no response.

    I just got my FP notice for Aug 23rd for myself,spouse and 8yrs old son.My wife and son is in India, we cancelled our trip back in May for my 485.We waited till we got our receipts,they went to India for some important work.At this point they cann't make it by Aug 23rd. They both have valid H4 I797 with them.

    Can you please advice, what is the best procedure to follow here.

    1. Can I take my FP and request to postpone of my wife & son ?
    2. Postpone for all three members, and request for a later date ?
    3. Can we go after Sep3rd with the old receipts dated for Aug 23rd 2007?

    Thanks In Advance,
    kSR





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  • ssa
    06-24 06:18 PM
    You should compare only the interest part of your mortgage payment when comparing with rent.

    Not exactly. Whatever one saves by renting can be invested somewhere else. So the apples to apples comparison would be the return homeowner gets on the amount of his monthly mortgage payment that goes towards the principle (home equity) to the return the renter gets on the difference he invested. Return on home equity is currently negative all over US (houses declining in price) where as you still can get some positive returns on 100% safe investment like CDs or US treasury bills.

    In any case majority of your payment for the first five year goes towards paying interest. So unless you expect hosue prices to rise in next 3-4 years - a remote possibility, the best we can hope for is they stabilize - there is no monitory benefit to be gained by buying now against renting for some more time and saving more money for your future down payment.



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  • mxh72c
    07-14 08:55 AM
    CIR is coming BACK in 2009! The only change that will happen in immigration is CIR due to the pandering politics. IV and all its members focus should be ensuring CIR is not passed on the backs of EB green cards. The group most likely to be screwed over will be EB3. All our energies and money should be on CIR and that we have a seat on the table when these compromises are made.





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  • chanduv23
    03-24 10:55 AM
    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.

    UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.

    No one is taking on or poking at USCIS.

    On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.

    When we talk about good faith employment - it is the relationship that exists during the terms of employment.

    While your analysis makes sense - we really never know what is happening behind the scenes.



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  • dealsnet
    01-07 04:49 PM
    You lived in India and hate India, because of your wicked religion.
    Equating Bombay with Palastine is only a traitor can do.
    Even passive support is act of betrayel.
    Evil will be destoyed, it is God's will. They are preparing the kids for suicide bomber. So it is their fate to die little early, without harming any one.
    Any way your religion and its founder are blasphamy for real children of God.
    Only retard minded can follow it. Do suicide bomb to get 72 virgins. If any one of the virgin is a lesbian, what will do ?. If the guy is old, do he get viagara???They don't know in heaven no sex. No flesh, people in spiritual state.

    I know you won't respond me anymore. Because you know your believe/ideology/prophecy/unjust acts will be exposed here.





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  • gc4me
    08-05 11:07 AM
    C'mon Mrs. or Miss Rolling_Flood, post you qualification here. (honesty please! :D)
    Mrs. Rolling_Flood,
    Post you qualification here.
    You can see flood of post from EB3 folks who has superior qualification (education wise as well as experience) compare to you. Either you are out of your mind from rigorous GC fever or a one eyed person with poor imagination or simply you did not get a chance to work in a big environment like fortune 10 or may be fortune 100 companies. Or else you would know how/why/when a company files under EB3 despite the fact that the candidate has more than required qualification for EB2. Position requirement, layoffs, HR policies, Company�s Attorney Firm�s policy etc. comes to picture when a big organization files LC/GC for a candidate.

    I guess you are like me working with a small deshi consulting firm with 3 or 4 consultants (working C2C). They can make almost anyone eligible (on the paper) for EB2.

    Then ask me why I am not EB2? According to my company's attorney, I-140 will be rejected due to the stand of
    company's financials.



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  • ItIsNotFunny
    01-06 01:19 PM
    If this forum is strictly for immigration, then we wouldn't have allowed members to discuss anything other than immigration.

    But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?
    I don't believe anyone directly condemns Muslims and Islam. Everyone has a great respect for the religion and its followers. The problem starts when one person condemns terrorists and other takes it on Islam. I hope you believe they are not related, then why some people react such way.





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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..





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  • nojoke
    01-03 07:42 PM
    You are a Kashmiri muslim.
    Will you accept the responsibility of making hundreds of thousands Kashimiri pandits homeless? Will you accept the responsibility for the Godhra attack?
    Do you have a time machine that can take you back to 1600 A.D and stop the evil islamic barbarics from pillaging our land? Can you? Or you need a proof for that as well to interpol?

    1. To curb terrorism, Pakistan must destroy all the terror camps. Its not doing it, its not handing over any terrorists, what's the point of having cup of chai and talking non-sense?

    2. You are a Kashmiri. Tell us, what is a possible solution? India will not hand over the remainder of the Kashmir because part of the Kashmir is already occupied by Pakistan. Period. Now, do you have a solution?

    3. You are open for open visas. What good will it do except for terrorists to come in freely and legally?

    4. By exchanging prisoners you mean hand over the terrorists, right. Hand over Afzal and Kasam and the other butchers. And ask president to pardon them.
    Sorry, won't happen.

    What else?

    I agree there are issues that need to be resolved in India. But what is happening in India ia India's problem. They don't need to handover anyone to international court. India is not causing problem to other countries. There are laws and due process to handle the criminals in India. But the powerful do get away. It is silly to ask all these problems to be solved by International court. I don't think they will be interested to run trials on such cases.
    Sorry this post is to engineer.





    inspectorfox
    03-23 03:23 AM
    Immigration uncertainties should not be a reason for not buying a house in the US. In my opinion it�s always best to buy a house considering it as a long term investment � You will eventually build equity even though the present US housing market is in doldrums.

    I played the housing game differently to minimize the risks associated with my present immigration scenario (I am on 8th year H1B with I140 pending since Oct 2006)...
    1) I did not buy an expensive place even though I could easily qualify for $500K mortgage.
    2) I put only 3% down payment on my mortgage instead of conventional 20%. It was a difficult decision to make due to PMI but I feel more secure with cash liquidity.

    I am an optimistic person but here is my realistic backup strategy if anything falls apart due to immigration (Worse case scenario) -

    1) Sell the house and move out of the US (Housing market conditions could be a determining factor)
    2) Rent the house (I don't think this should be a problem... LOCATION is the key)
    3) Go into Foreclosure (Highly unlikely but you are destined to be screwed anyways)

    Does anyone have a better backup plan? Please share here :)





    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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