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  • bobzibub
    04-07 11:56 AM
    One part of the idiocy of this bill is that it places more burden upon the institutions where they cannot handle the work they have now.

    If one has to apply for a labour cert every time you want an extension of an H1b, it will become unworkable. The main reasons for extending H1bs is because the DOL and USCIS take so long to process (or are not allowed to process) their existing workload today, including labour certs. This appears to compound an existing problem.

    It is unfortunate that consulting is barred too. Consulting is a good gig. My main goal for going through this silly green card process is simply to consult individually.

    If they actually addressed the problem, such as making the labor cert process simply a web site with a "Submit" button, then it would be an actual improvement. Is it really that difficult to compare a wage rate doing a certain job in a certain location with the market rate? Can't you do that now on Monster or Dice?

    Remember the proportion of applications rejected are dwarfed by the proportion of applications that are simply abandoned. Probably due to the time it takes for them to get around processing them using their super-modern VDT technology.

    Could we please *at least* have an exemption for technical consulting to the DOL and USCIS? They really could use some professional assistance.





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  • rahulpaper
    03-24 06:29 PM
    We may be missing the issue by this infighting (which is not useful to anyone)

    I think any firm involved in unethical behavior (immigration / tax/ state laws/employment laws) perspective should get targeted by USCIS/ICE/DOL and mother of all DHS etc.

    In my understanding following are the type of employees....

    a) Full time employees of large and small Companies like Engineers/Pharmacist/Internal positions/...ex GE/Microsoft/Google/Wellpoint. These guys do not work for "Clients". Usually do not have bench. (there may be some exceptions but minimal unethical behavior is expected).

    b) Full time employees who work for large (Big5 and more) and small CONSULTING firms and consult to other organization... They work for specific project at a "client". Get paid at all times when on project and and on bench. (minimal unlawful activity)

    c) Full time employees of small mom and pop firms (small business/ grocery store/restaurants etc) Get paid a salary but a lot of perk (which are not on w2 in order to save taxes...and that is unethical behavior).

    d) Employee (may be not full time) focused on work at "Client". They are not full time because they do not get paid when they are not on project. Usually smaller "consulting" firms (i would prefer to call them "contracting" firms) do this. There may be many many layers of contracting firms. Each is involved in some sort of unlawful activity.

    I think USCIS should/will go after folks involved in unlawful activities like untaxed money paid...wrong skills listed etc etc etc......Lastly, Just because one was able to do this before does not mean it was legal...

    Stop the infighting......do not generalize...if you want to generalize...generalize only on 1 dimension...LAWFUL vs.UNLAWFUL

    My 2 cents...





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  • Macaca
    12-14 11:40 AM
    Plan B For Pelosi And Reid (http://www.realclearpolitics.com/articles/2007/12/congressional_democrats_need_n.html) By E. J. Dionne | Washington Post, December 14, 2007

    WASHINGTON -- Congressional Democrats need a Plan B.

    Republicans chortle as they block Democratic initiatives -- and accuse the majority of being unable to govern. Rank-and-filers are furious their leaders can't end the Iraq War. President Bush sits back and vetoes at will.

    Worse, Democrats are starting to blame each other, with those in the House wondering why their Senate colleagues don't force Republicans to engage in grueling, old-fashioned filibusters. Instead, the GOP kills bills by coming up with just 41 votes. Senators defend themselves by saying that their House colleagues don't understand how the august "upper" chamber works these days.

    If Bush's strategy is to drag Congress down to his low level of public esteem, he is succeeding brilliantly. A Washington Post/ABC News poll released earlier this week found that only 33 percent of Americans approved of Bush's handling of his job -- and just 32 percent felt positively about Congress' performance. The only comfort for Democrats: The public dislikes Republicans in Congress (32 percent approval) even more than it dislikes congressional Democrats (40 percent approval).

    The Democrats' core problem is that they have been unable to place blame for gridlock where it largely belongs, on the Republican minority and the president.

    In an ideal world, Democrats would pass a lot of legislation that Bush would either have to sign or veto. The president would have to take responsibility for his choices. The House has passed many bills, but the Republican minority has enormous power in the Senate to keep the legislation from ever getting to the president's desk. This creates the impression that action is being stalled through some vague and nefarious congressional "process."

    Not only can a minority block action in the Senate, but the Democrats' nominal one-vote majority is frequently not a majority at all. A few maverick Democrats often defect, and the party runs short-handed when Sens. Joe Biden, Hillary Clinton, Chris Dodd and Barack Obama are off running for president.

    And Bush is learning that even when bills reach his desk, he can veto them with near impunity. On Wednesday, Bush issued his second veto of a bill to extend coverage under the State Children's Health Insurance Program to 10 million kids. Democrats have the high ground on the issue and more than two-thirds support in the Senate, but the bill lacks a veto-proof House majority.

    After Bush vetoed the first version of the SCHIP bill, Democrats changed it slightly to make it more attractive to Republicans. And the new version passed both houses too. When Bush vetoed the SCHIP measure again, almost nobody paid attention. The Washington Post ran a three-paragraph story on the corner of page A18; The New York Times ran a longer story -- on page A29.

    Democrats can't even get credit for doing the right thing. If Congress and Bush don't act, the alternative minimum tax -- originally designed to affect only Americans with very high incomes -- will raise taxes on about 20 million middle- and upper-middle-class people for whom it was never intended.

    Democrats want to protect those taxpayers, but also keep their pay-as-you-go promise to offset new spending or tax cuts with tax increases or program cuts elsewhere. They would finance AMT relief with $50 billion in new taxes on the very wealthiest Americans or corporations. The Republicans say no, just pass the AMT fix.

    Here's a guarantee: If the Democrats fail to pass AMT relief, they will be blamed for raising taxes on the middle class. If they pass it without the tax increase, deficit hawks will accuse them of selling out.

    What's the alternative to the internecine Democratic finger-pointing of the sort that made the front page of Thursday's Washington Post? The party's congressional leaders need to do whatever they must to put this year behind them. Then they need to stop whining. House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid should put aside any ill feelings and use the Christmas break to come up with a joint program for 2008.

    They could start with the best ideas from their presidential candidates in areas such as health care, education, cures for the ailing economy and poverty-reduction. Agree to bring the same bills to a vote in both houses. Try one more time to change the direction of Iraq policy. If Bush and the Republicans block their efforts, bring all these issues into the campaign. Let the voters break the gridlock.

    If Democrats don't make the 2008 election about the Do-Nothing Republicans, the GOP has its own ideas about whom to hold responsible for Washington's paralysis. And if House and Senate Democrats waste their time attacking each other, they will deserve any blame they get next fall.





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  • puddonhead
    06-26 01:48 PM
    If you spend the rest of your life renting, the risk is 100%�you end up with nothing. I will take my chances investing my money in buying a home because its certainly better than losing 100%.

    If you buy - and take a mortgate - you end up losing (the same way you "lose" your rent)
    1. Interest you pay
    2. Property taxes you will pay forever.
    3. Maintenance you will pay forever.

    On the other hand - if you rent and,
    A. IF you pay less in rent than #1 + #2 + #3,
    B. IF you invest the remainder plus your mortgage principal amount in some other investment vehicle with superior investment returns than real estate.
    .... Then you will come out ahead renting.

    The tipping point is whether your rent equals interest + property taxes + maintenance. Based on which side is higher - either renting or buying could be good for you. I don't think there is a clear cut answer. This does not take into account the flexibility associated with renting - which is important for non-GC holders. If you assign a non-zero dollar value of $X with that flexibility, then your rent needs to be interest + tax + maintanance + $X to get to the tipping point. On the other hand, if you are not forced to save (in the form of mortgage principal payment every month) - you may just spend that money instead of investing that. If you assign a dollar value of $Y with that (probability multiplied by actual dollar value) - then the tipping point is at
    $rent = $interest + $tax + $maintenance + $X(dollar value for flexibility) - $Y(dollar value for probability of spending money instead of saving).

    Now as soon as you plug in the numbers in this equation - it will give you your tipping point and will tell you whether it is right for you to rent or to buy.

    Think about it. It is not as clear cut as you think it is. :-) Based on your earlier posts - you got an absolutely faboulous deal on your house (maybe because of your timing) and the tipping point equation would probably highly favor buying in your case. For many other (specially for those without a GC) - it may not be so clear cut.



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  • ItIsNotFunny
    04-13 01:27 PM
    You mean to say Employer splitting the earnings with employee? I think that is legal as long as you pay uncle SAM his share (I mean taxes ):D

    My roommate/landlord is a "master hair stylist" and law abiding american citizen, He gets 40% of the revenue he generates as his salary.


    What section of law says that it is illegal to work on percentage basis .

    It is not illegal to work on percentage basis. But if employer-employee relationship is now followed the way it should be followed by law then there are issues. For example, you are not in the same medical plans as employees or your work insurance is not covered (or you are not invited in annual christmas party for employees - just kidding). Specially, labor approval procedure has heavy dependency on prevailing wages and salary offered. In percentage basis there is no salary offered. Think about it.

    There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.





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  • NKR
    04-14 03:39 PM
    Where do you get the idea that the child will loose the life in apartments and then get back after buying a house?:confused:

    Unfortunately time will never move in reverse and will move in just one direction. A childhood gone is gone. It will never come back. We all want good things for our kids. My perception of good thing is different from yours. If my kid says that he wants to live in an apartment I will move to an apartment, that�s a given.


    It would be nice if we can buy the house on the day one when we join the job. Or even nicer if our parents got us a house in US before we came here:D.

    Fantasizing is ok but when you are dreaming, you cannot have sweet dreams all the time, sometimes you will have nightmares..


    Unfortunately there are circumstances that prevent us buying a house. The biggest one is this bubble and the madness of multiple bidding that insanely pushed the real estate prices, all the while the realtors and mortgage brokers where making 300K or 500K yearly income selling shoe boxes for half a million and generating slogans like "you will be priced out forever", "they are not manufacturing any more land", "housing is always a good investment", "renting is throwing away money".

    Agreed. The decision to buy rests on an individual and to his/her situation, no one wants to buy when things are not conducive.



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  • dba9ioracle
    08-05 01:42 PM
    With all due respect, I totaly disagree with original poster. probably, he needs to know more about immigration rules..





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

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

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

    I hope i have made my point clear? Thanks.


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



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  • GCapplicant
    09-26 10:02 AM
    For me Obama and Mccain are equally good candidates. I would prefer Hillary Clinton over both of them.

    McCain is a great guy, but he is with the wrong party. A party that aligns itself with anti-immigrants.

    Now that we don't have much hopes for HR-5882, we should start targeting the CIR right now. Maybe we can talk to the Hispanic and other groups which will have an influence over CIR and have our provisions taken care of.

    It will definitely be easier to tie-up with Hispanic caucus and other groups than anti-immigrants.


    I agree with you - mediating with Caucus is the only option.Legal is nothing infront of them.They are the real majority when compared to our %.

    Even if they bring new restriction over EB category - we have already applied and are in our final stage only.It's only the visa numbers.

    The new rules might be for the new applicants ,maximum they might bring in Stem.There is nothing more they can do for us.More restrictions on us is quite impossible.

    Oct 2009 should be in favor to us all.I have to only pray God.We have to just move on with our life.





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  • anjans
    07-14 03:38 PM
    Missed point: The job needs to need that progressive experience and should call out to say that your job needs BS+5yrs. if it did the lawyers should not file EB3



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  • Rolling_Flood
    08-05 07:23 AM
    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.





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  • ArkBird
    01-09 05:05 PM
    so.. by your logic, Al qaeda has declared war on the United states (they did, OBL issued that declaration some time in the late 90s) civilians die in each war, so alqaeda had every right to kill civilians in 9/11?
    Of course not! Intentional targeting of civilians is inexcusable and constitutes a war crime and we should never cease to protest it regardless if it is done by a primitive terrorist or from the comfort of an F-16.


    American Army was not hiding in World Trade Center and launching rockets on the civilians in Saudi from there. There was absolutely no target of military importance in WTC. Civilians got killed in Gaza because terrorist were hiding among them.

    Quit hiding among women and children and fight like man on battlefield.



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  • gcisadawg
    12-23 05:33 PM
    It seems there are enough pathetic liars who are propagating lies like "99% of terrorist are muslims" (ever heard of bodo, tamil tigers, Khalistan movement, BJP, VHP, SP?) , or about population of muslims in india... have you done a survey? Or perhaps the government deliberately cooked demographics to upease brahman dominance? It seems quite convincing reading your comments that a particular segmant of hindu group carries very deep hatred of muslims in them and propagate it by lies, murder and debauchary... wonder who you god(s) are, or is godse your god!

    Shuyaib bhai,

    Salaam,

    Dude, don't get upset! There are terrorists from other faiths as you mentioned. Lets take last ten years. Put your hand on the heart, look around and when you hear/read about all those terrorist actions what do you think? Isn't it done in the name of Islam? If not 99%, a majority of terrorist acts are committed by Muslims in the name of Islam. It is easily above 51%, a technical majority. Is mentioning that Propaganda?

    Why did Mumbai happen? Why did Parliament happen? Why did Ashkardam happen? In all these cases the attack happened openly and security forces battled the terrorists. The people who pulled levers and initiated these actions did it neither for the sake of Islam nor for Indian Muslims, contrary to their claim. They have their own political calculations and Indian Muslims are used as a pawn in that game. Unfortunately, some Indian Muslims fall in that trap and help those perps in furthering their agenda. All in the name of Islam and protecting the 'interests' of Indian Muslims.

    Peace,
    GCisaDawg





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  • gg_ny
    02-21 09:07 PM
    I am no fan of Dobbs and haven't watched his show longer than 15 min. in total. I didn't want to eloborate on something in that posting but would rather do now: by fanning of the mass hysteria, you do get attention- let it be Dobbs or Tancredo. Last year, because of the media and the politicians, many normally centric Americans listened to anti immigration propaganda, in particular, Dobbsian ones. No/not much American tears were shed when CIR was stalled in the Congress last year. The reason: people would tune to anyone-sentinent or nonsense persons- if those creatures speak what those people want to hear at that time. Now the Congress seems to be centric or stuck at the center due to gridlock but how long this will last?
    I believe that the average American civic sense is moving towards what is seen in European countries - discourage immigration in any form. Dobbs may not be an agent but definitely an instrument that keeps this feeling alive. It sells CNN and also keeps the base happy. How else would you explain a plain propaganda being catered via a network like CNN which claims to be different from - for example right-oriented Fox. Dobbs does it, there would be more louder Dobbsians in the future if anti immigration gets established inteh general psyche of Americans as it has already in many, many, many european nations.

    He is not questioned, ridiculed or targeted because he is a nobody. His viewership is not in millions but in hundred thousands. 762,000 to be precise. With such viewership numbers nobody targets him because its not worth it. Even "SpongeBob SquarePants" a carton show on Nickelodeon manages to get higher viewership than Lou Dobbs even though "SpongeBob SquarePants" is targeted at children.

    we are targeting him because he is saying things which are inaccurate if not ludicrous regarding immigration. He is similar to tancredo. Did anybody know there was a xenophobe called tancredo before he started riling against CIR. Lou Dobbs and Tancredo realized they have stuck gold with there diatribe against immigration and they are riding this xenophobic wave for it full worth.



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  • dixie
    07-16 12:38 PM
    If you go to anti-H1-b sites, They are displaying things like, Advertisements listing H1-b available for a number of US cities. These are ads taken from body shops. The anti-h1-b sites use this as a propaganda. I think it hurts all of us. :D

    Exactly.Anti-H1B sites are only looking for propaganda material. You think they will start loving us if all body-shops are eliminated ? People like Norm matloff and programmers guild oppose all H1-B period.Whether it is from well known MNCs or your so-called "body shops". These are usually the same folks whining against outsourcing, free trade, the fact that everyone else is catching up .. about the world in general. Stop wasting time convincing these loosers.They are neither representative of the american public at large nor are the body shops representative of our community. If you think body shoppers are the only folks who hire H1-Bs, read about all the press articles in the "IV in the news" section and please let me know how many body-shop employees were mentioned there. We KNOW we make a contribution to this country; industry knows it too. We dont need to apologise to people like PG,lou dobbs and co for supposedly "eating their lunch".

    As for pushing for H1-B reform, there is absolutely no gaurantee there will be any accompaying GC reform. Remember AC21 ? it tripled the number of H1-Bs with no increase in GCs ... the result is the current mess. Why did it happen ? because there was no one pushing for GC reform.





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  • unitednations
    03-26 08:04 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.



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  • GCA
    08-05 02:11 PM
    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:


    Sounds great. Just missing the hypothesis 'anyone comming to USA otherthan for higher studies comes thru' shady means'..





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  • tampacoolie
    07-08 05:02 PM
    Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.

    Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. ..

    These two types of documentation were requested by US Consulate, Chennai for issuing H4 visa for my wife. I had to get these documents and send to india for stamping. They issued H4 immediately after reviewing the documentation. I have not faked any documentation. They have requested these documentation based on the assumption that my employer is letter pad company.





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  • ssa
    06-25 03:41 PM
    Do you know a single well known rich guy that still rents (and owns zero real estate)? If you are so sure that you have the math right, go ahead and name some names!

    Rich guys first make their money and then buy houses. Reverse is not necessarily true. They are not rich because they bought houses. If money was no object for me I too will go ahead and buy house even it did not make strict financial sense. I'm not there yet.

    As for naming names, Warren Buffet who is plenty rich does not favor real estate as an investment vehicle. Real estate has has 1-2% average rate of return over the last 60 years barely keeping up with inflation barring crazy speculative booms like we recently had which quickly go bust. This is to be expected since house is an unproductive asset and unlike businesses (stocks/bonds) does not "produce" anything so in the long run it's price will roughly track the inflation.





    delax
    07-13 12:56 PM
    Split up of 75-25 definitely covers interest of both parties. I don't think an EB2 with PD 2007 will have grudge over an EB3 PD 2002 getting his/her GC before. As a matter of fact, as you said, looking through the eyes of governance, I don't think it is illogical. EB3 has lower preference as compared to EB2 but not zero preference! So, an EB3 2002 getting his GC before EB2 2007 is not insane, again, per my belief. You cannot say 100-0 is justice - come on!

    But the same 100-0 logic can be applied between EB1 and Eb2-India. How does EB1 of 2008 get it immediately but EB2-I waits more than 4 years (speaking for myself here) -clearly preference is at play here. if that makes sense then a 100-0 ratio for EB2/EB3 also makes sense
    Honestly nothing makes sense - I am only trying to derive a rationale for the spill over logic used by DOS/USCIS.





    nozerd
    12-28 09:08 PM
    I believe in the maxim that you cant control how others act. You can only control how you react. This is what India should do in the short and medium term that they do have full control over.

    SHORT TERM.

    I think the easiest thing India can do to send a message is to break off complete diplomatic relations with Pakistan.

    a) Recall the Ambassador permanantly and close down the High Commision.

    b) Ban anyone who owns (or has in the past owned) a Pakistani passport from entering India under any circumstances- exceptions need to be signed off by the External Affairs Minister himself)

    c) Not allow Indians to travel to Pakistan ( Place a stamp on all passports saying entry to Pakistan not allowed - similar to what we had for South Africa 15-20 yrs ago).

    d) Make it an obvious point to boycott any forum Pak is speaking on. So if the Paki guy is speaking at the UN or SAARC the Indian delegation just leaves the room.

    e) Ignore PAK to the point that it doesnt exist.

    MEDIUM TERM

    a) Deal with internal security. Recruit and fill the Army and Intelligence agencies that are short staffed. If the trainers are not there get countries like Israel and Russia to train them or get ex US and UK army commandoes pay them the market fee and get them trained.

    b) Recruit a cadre of Indian Muslims in the IB. Get people who are Hafez (trained well in the Koran) and who are both strong muslims and patriotic Indians. Send them to Pak as sleeping agents and destabilize Pak from the inside. Infiltrate these terrorists.

    c) Leverage our influence and clout. If company X sells to Pak they can forget about any Indian company doing business with them. Pressurise govts not to allow their firms to sell to Pak.

    d) Build a cadre of polished charismatic foreign service officers with the gift of gab like Pak has. The day after the Bombay incident Pak had started working the media/ talk show circuit in the US with their honey tounged reps. They always seem to do a great job with PR while India is sleeping. Ban SC quota types from joining the IFS.



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