unitednations
03-25 12:35 PM
Oh, and I think I should elaborate just a little more.
I am not asking whether the USCIS can or cannot exercise scrutiny on approving 485s where a person, under AC21 provision, switches to a small consulting company.
Of course they can, the 485 is for a full time job, and whether a job with a small consulting company is of a full time nature or not, is up in the air and they can 'scrutinize' it all they want, if they choose to.
My question to UN is whether he thinks if they will choose to go after 485 AC21 job switches to small consulting companies like he thinks they will for small consulting company H-1Bs, and not whether they can.
Thanks again,
You see on all these ac21 issues we rely on uscis memos. Every one of these memos state pending change to the regulations; we are going to follow the principles of this memo.
it has been 8 years and they still haven't changed the regulations. Memos can be changed at their whim at any time.
Currently; uscis position is that if someone ports to another company; they are not supposed to check the ability to pay criteria. However; they left themselvees an out that theey can check the genuineness of the ac21 employer. Becasuse of this last statement; what they have been doing is asking for ac21 employer tax returuns, and quarterly wage reports. If you are already on payroll then size of company doesn't matter. However; if you are not on payrroll and it is a very small company then they can challnge it.
btw; I am not epecting quota to finish early this year. Many companies/lawyers are very frustrated with h-1b right now. I was talking to education evaluator and he told me that there is litteally no business right now. Companies I know of how filed 70 cases last year are not filing any this year due to a combination of issues (iowa issue, lack of approvals and great demand for tansfers by thos who were laid off or had theirr h-1b's cancelled.
Right now; newer companies who don't have much experience with h-1b are going into the lions den without knowing there is a lion in there.
I am not asking whether the USCIS can or cannot exercise scrutiny on approving 485s where a person, under AC21 provision, switches to a small consulting company.
Of course they can, the 485 is for a full time job, and whether a job with a small consulting company is of a full time nature or not, is up in the air and they can 'scrutinize' it all they want, if they choose to.
My question to UN is whether he thinks if they will choose to go after 485 AC21 job switches to small consulting companies like he thinks they will for small consulting company H-1Bs, and not whether they can.
Thanks again,
You see on all these ac21 issues we rely on uscis memos. Every one of these memos state pending change to the regulations; we are going to follow the principles of this memo.
it has been 8 years and they still haven't changed the regulations. Memos can be changed at their whim at any time.
Currently; uscis position is that if someone ports to another company; they are not supposed to check the ability to pay criteria. However; they left themselvees an out that theey can check the genuineness of the ac21 employer. Becasuse of this last statement; what they have been doing is asking for ac21 employer tax returuns, and quarterly wage reports. If you are already on payroll then size of company doesn't matter. However; if you are not on payrroll and it is a very small company then they can challnge it.
btw; I am not epecting quota to finish early this year. Many companies/lawyers are very frustrated with h-1b right now. I was talking to education evaluator and he told me that there is litteally no business right now. Companies I know of how filed 70 cases last year are not filing any this year due to a combination of issues (iowa issue, lack of approvals and great demand for tansfers by thos who were laid off or had theirr h-1b's cancelled.
Right now; newer companies who don't have much experience with h-1b are going into the lions den without knowing there is a lion in there.
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pitha
09-26 10:38 AM
cir failed because the senate did not have a filibuster proof majority (60) to pass cir. This time the democrats are expected to gain 4 to 5 seats in the senate, that will take there majority to 54 or 55 from the current 50 (49 +liberman). With a majority of 54 or 55 the filibuster will not happen again in senate and cir will pass in the senate.
The difference between Bush and obama in calling for cir is that Bush was an unpopular lame duck president, his party was a minority in both the house and senate. Obama if elected president would have the democrats in control of both the house and senate, therefore when obama says he wants to pass cir, it will happen, so take it seriously and dont live in a fantasy that CIR will fail again.
to all those people who cliam that cir won't be bad, please, please name some provisions that were good for Eb immigrants. Please dont use words like "hope", might" etc, obama and durbin want to knock the living daylights out of EB immigrants. I want to know if there was anything good in cir, not good things you hope to be in cir
These are a list of bad things that were in cir and will be in obama-durbin cir
-DId cir have stem exemption? answer no
-Did cir have visa recapture? answer no
-Did cir increase the eb quota to reduce the backlog? answer no
-Did cir exempt the existing EB applicants from the new "points based
system", answer this seems to be a gray area, no clear answer (there is a
debate about this)
-Did cir have draconian restrictions on H1, answer yes
if there are any more nagatives please add to the list.
guys, the reason behind this post is not to pick a fight with anyone or to win an argument, but to look at the facts and realize the deep shit we will be in and address the issues. Just like a sick patient will expire if he lives in denial and does not take his medicine, we the eb immigrants will expire with cir if we dont realize we will be sick with cir and start looking for medicine.
Last time the CIR bill died because a lot of people are against granting amnesty to illegal immigrants ( both Republicans and democrats ) . The president alone ( read Obama ) cannot decide that he wants to pass this bill because remember last year Bush was strongly in favour of the CIR bill and even had a conference with Senate leaders to push it through but it failed . The politicians know that the American people don't like the bill but they have to show that they are concerned with solving the illegal immigrant issue. This CIR bill is only a political gimmick. It came into picture because of the upcoming elections and next year I am pretty sure with no more elections the interest would not be that much to get it passed ( although I am sure there will be a lot of people interested in getting it to the House and the Senate ).
As someone said before if they try to bring some anti - highly skilled workers bill then the big companies are sure to cry out loud ( Microsoft , Cisco , Oracle etc etc ) and the politicians don't listen to us but they will surely listen to them. They have got the clout to get themselves heard.
The difference between Bush and obama in calling for cir is that Bush was an unpopular lame duck president, his party was a minority in both the house and senate. Obama if elected president would have the democrats in control of both the house and senate, therefore when obama says he wants to pass cir, it will happen, so take it seriously and dont live in a fantasy that CIR will fail again.
to all those people who cliam that cir won't be bad, please, please name some provisions that were good for Eb immigrants. Please dont use words like "hope", might" etc, obama and durbin want to knock the living daylights out of EB immigrants. I want to know if there was anything good in cir, not good things you hope to be in cir
These are a list of bad things that were in cir and will be in obama-durbin cir
-DId cir have stem exemption? answer no
-Did cir have visa recapture? answer no
-Did cir increase the eb quota to reduce the backlog? answer no
-Did cir exempt the existing EB applicants from the new "points based
system", answer this seems to be a gray area, no clear answer (there is a
debate about this)
-Did cir have draconian restrictions on H1, answer yes
if there are any more nagatives please add to the list.
guys, the reason behind this post is not to pick a fight with anyone or to win an argument, but to look at the facts and realize the deep shit we will be in and address the issues. Just like a sick patient will expire if he lives in denial and does not take his medicine, we the eb immigrants will expire with cir if we dont realize we will be sick with cir and start looking for medicine.
Last time the CIR bill died because a lot of people are against granting amnesty to illegal immigrants ( both Republicans and democrats ) . The president alone ( read Obama ) cannot decide that he wants to pass this bill because remember last year Bush was strongly in favour of the CIR bill and even had a conference with Senate leaders to push it through but it failed . The politicians know that the American people don't like the bill but they have to show that they are concerned with solving the illegal immigrant issue. This CIR bill is only a political gimmick. It came into picture because of the upcoming elections and next year I am pretty sure with no more elections the interest would not be that much to get it passed ( although I am sure there will be a lot of people interested in getting it to the House and the Senate ).
As someone said before if they try to bring some anti - highly skilled workers bill then the big companies are sure to cry out loud ( Microsoft , Cisco , Oracle etc etc ) and the politicians don't listen to us but they will surely listen to them. They have got the clout to get themselves heard.
milind70
07-10 12:55 AM
I have changed the H1b after my last entry to usa. My I-94 in passport and in the H1b approval notice numbers are not same. Out of all 10 digits only 6th digit is different. I think it is a typo by uscis. What should I do?? The difference is very hard to figure out that I noticed it only when I was filling out I-485 by myself.
Any suggestions
You can file Form I 102 with USCIS , if it is the mistake of USCIS there is no charge. If I 94 is mutilated,lost or stolen then u have to pay a fee for it.
I would suggest take an infopass appointment with local USCIS office and talk to a immgration officer he will be able to help you.
Any suggestions
You can file Form I 102 with USCIS , if it is the mistake of USCIS there is no charge. If I 94 is mutilated,lost or stolen then u have to pay a fee for it.
I would suggest take an infopass appointment with local USCIS office and talk to a immgration officer he will be able to help you.
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gondalguru
07-08 07:10 PM
I agree with you. I am also of the opinion that July Fiasco has actually helped India and China (oversubscribed countries). USCIS might have approved tons of EB2 and EB3 (India and China) applications to use those 60,000 visa numbers. So, India and China might have got a big pie of the 140,000 EB visas.
With that said I also felt the pain as other members did due to the July bulletin fiasco.
Good to hear that as I am EB2 India with PD 09/2004. Where will EB2 India be in October 07?
Diversity is preferred over Skills and hence there is per country limit at 7%. Many of my colleagues have got their GC being ROW EB2 (from srilanka, nepal, pakistan) and I am very happy for them but at the same time I feel frustrated and disappointed at the system as it discriminates you using your nationality. Nobody can control where they are born then why should they be discriminated based on that factor????
With that said I also felt the pain as other members did due to the July bulletin fiasco.
Good to hear that as I am EB2 India with PD 09/2004. Where will EB2 India be in October 07?
Diversity is preferred over Skills and hence there is per country limit at 7%. Many of my colleagues have got their GC being ROW EB2 (from srilanka, nepal, pakistan) and I am very happy for them but at the same time I feel frustrated and disappointed at the system as it discriminates you using your nationality. Nobody can control where they are born then why should they be discriminated based on that factor????
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yabadaba
08-11 09:03 AM
Pappu, if u put in cable news network and state = Georgia...it will pull up 15 records of h1b applications made by CNN in 2005. maybe someone needs to tell dobbs that. 9 H1 B for fox
alterego
07-13 06:13 PM
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.[/QUOTE]
If you believe this to be the case. ie that a high school graduate should be able to do that job. Then that person should not get a green card for that job.
People, please think before you post and write letters. It is important to be rational and not put your foot in your mouth.
This is EB immigration and it is hierarchial. That is quite simply a fact not an opinion. The sooner people understand that, the better, and then everyone can channel their frustrations into broader fixes. Unless that can be done we will see these less than well planned, less than well coordinated, fitful efforts, and an internecine warfare that will make us a laughing stock and undermine the heroic efforts of IV core.
Just my observation.[/QUOTE]
If you believe this to be the case. ie that a high school graduate should be able to do that job. Then that person should not get a green card for that job.
People, please think before you post and write letters. It is important to be rational and not put your foot in your mouth.
This is EB immigration and it is hierarchial. That is quite simply a fact not an opinion. The sooner people understand that, the better, and then everyone can channel their frustrations into broader fixes. Unless that can be done we will see these less than well planned, less than well coordinated, fitful efforts, and an internecine warfare that will make us a laughing stock and undermine the heroic efforts of IV core.
more...
nojoke
01-03 04:22 PM
Listen to this, The US attacked Iraq and that accomplished exactly what the terrorists want. Terrorists want to see chaos and disruption. I believe the US is losing the war on terror and the results from the failed Iraq invasion can get worse, since that may have generated one dozen Jihad style attackers to be unveiled in 5-20 years from now.
India should not attack Pak and spend tons of money like the US did. Instead, invest all that money in secret services and let them penetrate the enemy line. Let the secret service perform a detailed investigation of sources, then apply snipers or other ways to take perpetrators down.
The last thing we need now with this dreadful economy is another war. Palestinians are already starting the whole fire again. We do not need one more war.
Wrong. First iraq war is not war against terrorist.
Second, pakistan already is doing Jihad against India. They don't need a reason to start a Jihad. Their obsession to destroy India is so much poisoned in their blood and they really don't need a reason for the Jihad.
Third- It is easy only in movies to use snipers to take down these men. Plus there are thousands and it is virtually impossible.
I agree that war is a tough choice and probably our politicians use the drum beat to get votes. And probably there won't be a war. But some of the rationalizations give here in this forum is funny.
India should not attack Pak and spend tons of money like the US did. Instead, invest all that money in secret services and let them penetrate the enemy line. Let the secret service perform a detailed investigation of sources, then apply snipers or other ways to take perpetrators down.
The last thing we need now with this dreadful economy is another war. Palestinians are already starting the whole fire again. We do not need one more war.
Wrong. First iraq war is not war against terrorist.
Second, pakistan already is doing Jihad against India. They don't need a reason to start a Jihad. Their obsession to destroy India is so much poisoned in their blood and they really don't need a reason for the Jihad.
Third- It is easy only in movies to use snipers to take down these men. Plus there are thousands and it is virtually impossible.
I agree that war is a tough choice and probably our politicians use the drum beat to get votes. And probably there won't be a war. But some of the rationalizations give here in this forum is funny.
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langagadu
12-26 11:25 PM
Why don't you suggest the appropriate forum. Tired of hearing this 'this forum is only for immigration matters'. Agree why don't you be a COP for all other threads started not related with immigration.Put some ice on your head.
Peace
I suggest that you provide your opinion on some other forum. This forum is only for Immigration matters. Learn to use it appropriately.
Thanks,
Peace
I suggest that you provide your opinion on some other forum. This forum is only for Immigration matters. Learn to use it appropriately.
Thanks,
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qplearn
11-15 11:09 AM
This guy changes sides based on the audience, check out his latest rhetoric, looks like he is feeling the heat from the results of the current elections:
...Zakaria refers to "CNN's Lou Dobbs and his angry band of xenophobes" and Jonathan Alter describes those who agree with me as "nativist Lou Dobbsians." But Alter and Zakaria are far too bright to not know better. I've never once called for a restriction on legal immigration -- in fact, I've called for an increase, if it can be demonstrated that as a matter of public policy the nation requires more than the one million people we bring into this country legally each year.....
http://www.cnn.com/2006/US/11/14/Dobbs.Nov15/index.html
Actually Lou Dobbs is attempting to paint a picture in which Dems who have won support his stand. Fact is that Dems have won, thanks to Lou Dobbs, because they were OPPOSED to his stand. Perhaps a desperate attempt to save his job at CNN :)
...Zakaria refers to "CNN's Lou Dobbs and his angry band of xenophobes" and Jonathan Alter describes those who agree with me as "nativist Lou Dobbsians." But Alter and Zakaria are far too bright to not know better. I've never once called for a restriction on legal immigration -- in fact, I've called for an increase, if it can be demonstrated that as a matter of public policy the nation requires more than the one million people we bring into this country legally each year.....
http://www.cnn.com/2006/US/11/14/Dobbs.Nov15/index.html
Actually Lou Dobbs is attempting to paint a picture in which Dems who have won support his stand. Fact is that Dems have won, thanks to Lou Dobbs, because they were OPPOSED to his stand. Perhaps a desperate attempt to save his job at CNN :)
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desi3933
08-06 02:40 PM
Here is his very first post by Rolling_Flood in IV forums. Not only he is using foul language, he is totally arrogant. Lines like "How dare you f***@#n compare yourselves to EB-2?" and "i will slap a lawsuit against any organization ...".
It seems that he is always ready to file lawsuit.
For me, its a good read to get a good laugh. :D
This person is such a slick sucker. Everyone, please read his previous posts. He was whining about how to apply in EB-2 and the timelines for I-140 approval etc. Then, he wanted to know whether he could go to school on an EAD.
In short, he is doing this EB-3 bullshit just to get maximum mileage out of this in his favor. Given a chance, he would jump ship to EB-2 and not give a damn about EB-3 India.
Expanding on these points, if you, the reader, are an EB-3 or ported to EB-2 and work in the oh-so-familiar IT bodyshops, go suck on those sour lemons.
How dare you fuck@#n compare yourselves to EB-2?
Cant you FUC@#N understand what the phrase "preference category" means????? go get a higher education, change employers, get an EB-2 the right way.
Stop this bullshit you have going on. I for one will write my own letters to ensure none of this EB-3 India whining nonsense gets any attention. I will also mobilize other EB-2 India and China folks i know, to do the same.
If that does not succeed, i will slap a lawsuit against any organization that attempts to twist the rules to imply EB-3 and EB-2 are the same skill level.
Let us see who wins here. In the interim, go suck on those sour lemons and work for your blood sucking desi employers. Serves you right for being lazy and not trying to help your lot before.
Will rot for 7 years in EB-3, but will not get a US MS/MBA/PhD, will not change to an EB-2 job, and then when EB-2 gains something, will cry and create a ruckus????? Go screw yourselves.
It seems that he is always ready to file lawsuit.
For me, its a good read to get a good laugh. :D
This person is such a slick sucker. Everyone, please read his previous posts. He was whining about how to apply in EB-2 and the timelines for I-140 approval etc. Then, he wanted to know whether he could go to school on an EAD.
In short, he is doing this EB-3 bullshit just to get maximum mileage out of this in his favor. Given a chance, he would jump ship to EB-2 and not give a damn about EB-3 India.
Expanding on these points, if you, the reader, are an EB-3 or ported to EB-2 and work in the oh-so-familiar IT bodyshops, go suck on those sour lemons.
How dare you fuck@#n compare yourselves to EB-2?
Cant you FUC@#N understand what the phrase "preference category" means????? go get a higher education, change employers, get an EB-2 the right way.
Stop this bullshit you have going on. I for one will write my own letters to ensure none of this EB-3 India whining nonsense gets any attention. I will also mobilize other EB-2 India and China folks i know, to do the same.
If that does not succeed, i will slap a lawsuit against any organization that attempts to twist the rules to imply EB-3 and EB-2 are the same skill level.
Let us see who wins here. In the interim, go suck on those sour lemons and work for your blood sucking desi employers. Serves you right for being lazy and not trying to help your lot before.
Will rot for 7 years in EB-3, but will not get a US MS/MBA/PhD, will not change to an EB-2 job, and then when EB-2 gains something, will cry and create a ruckus????? Go screw yourselves.
more...
inskrish
01-07 01:41 AM
Recently during Diwali celebration, one boy fired a rocket and it killed more than six people in Tamil Nadu. Offcourse this rocket was made in Sivakasi and it was an accident. It was a fire cracker. A simple fire cracker can make big accidents like this.
But whole world is crying that Hamas fired 7000 rockets and killed innocent civilians and Isrealis are defending thier nation by killing thousands. What a crap man.
If you are comparing the Sivakasi rocket with the Hamas's rocket, I can only sympathize with you. You certainly need to learn a lot--atleast the definition of 'Rocket' or 'Terrorists'.
But whole world is crying that Hamas fired 7000 rockets and killed innocent civilians and Isrealis are defending thier nation by killing thousands. What a crap man.
If you are comparing the Sivakasi rocket with the Hamas's rocket, I can only sympathize with you. You certainly need to learn a lot--atleast the definition of 'Rocket' or 'Terrorists'.
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Macaca
12-30 07:11 PM
Judgment that risks tainting democracy (http://www.thehindu.com/opinion/op-ed/article1018825.ece) By VINAY SITAPATI | The Hindu
One thousand three hundred and twenty days after he was first arrested, Binayak Sen has been sentenced to life imprisonment for sedition against the Indian state. Narratives on his guilt portray him as an �intellectual� coordinating Naxal attacks in the red corridor, just as narratives on his innocence are of a sainted doctor fingered by a vengeful state. But the only narrative that really matters is the legal case against him, and this in turn hinges on three distinct legal questions: Is the evidence against Dr. Sen enough to convict him? Are the laws applied to him fair? And finally, is the maximalist sentence (life imprisonment) justified?
Around a single event
The evidence against Dr. Sen centres on a single event. He is accused of having met a jailed Naxalite, Narayan Sanyal, 33 times and carried letters from him to a Naxalite, Piyush Guha. But Dr. Sen met Sanyal in Raipur Central Jail with the permission of the Chhattisgarh police; the jail superintendent who supervised the meetings told the Raipur sessions court that no letters were exchanged. At the other end of the �crime�, Piyush Guha did not name him when he appeared before a magistrate. He is alleged to have implicated Dr. Sen while in police custody. But this is legally barred from being weighed as evidence, since all custodial confessions are presumed tainted with torture.
The central allegation against him is therefore tenuous at both ends. Other attempts to link him to Naxalites are individually trivial (or downright dubious, like an unsigned letter from the CPI-Maoists allegedly found in his house, but which is not part of the official seizure memo). But taken together they have managed to convince Justice B.P. Verma of Dr. Sen's role in aiding and abetting Naxal groups.
The second concern is the fairness of the laws used against Dr. Sen. Section 124A of the Indian Penal Code (Sedition) is a colonial-era law that has been previously invoked against Mohandas Karamchand Gandhi. Since it is a serious offence with the possibility of life in jail, in the 1962 case of Kedar Nath Singh v. State of Bihar the Supreme Court limited the definition of sedition to the �tendency to create disorder or disturbance of public peace by resort to violence.� Dr. Sen is convicted for acting as a letter courier between Naxalites; it is questionable if this �act� falls within the definition of sedition.
The other laws that Dr. Sen has been convicted under, the Chhattisgarh Special Public Security Act and the Unlawful Activities (Prevention) Act, make illegal a wide variety of actions that �support� unlawful activities: taking part in meetings or harbouring a Naxalite. These laws have been invoked against grain merchants and cloth traders who unwittingly sold their wares to Naxalites. Taken together, what all these laws do is to broaden the scope of what �guilt by association� means. Perhaps this is understandable in a State where Maoists are present in half of its 18 districts and requires an army of civilian supporters to sustain a war under forested cover. But fashioning a blunt legal tool to go after an elusive enemy enhances the risk of snaring innocents.
The final concern
The Congress party has declined to comment on the judgment, invoking the prerogative of an independent judiciary. It is no one's argument that the decision was politically determined. But political abuse includes the fairness of the laws formulated by the political class for judges to impose. After all, judicial independence must also consider the quality of laws that the Raipur sessions court had to enforce, and those laws define �guilt by association� so broadly that they blur the line between innocent and guilty.
The final concern is that of punishment. Dr. Binayak Sen has been sentenced to life imprisonment for conspiring to commit sedition. Sentencing ranges from three years to life in jail. Justifying the use of the maximalist sentence, Justice Verma's Hindi judgment points to �the way that terrorists and Maoists are killing ... paramilitary forces � and innocent Adivasis.� But surely there is a difference between CPI (Maoist) General Secretary Ganapati, a man with much blood on his hands, and a mere courier of letters between Naxalites? Even if Dr. Sen is guilty as charged, that charge is not of violence � something he has repeatedly spoken out against. To club varying actions together defeats the purpose of flexibility in sentencing, which is after all to permit the judge to recognise degrees of motivations and culpabilities.
The Raipur sessions court verdict is only the quarterfinal. Indian law affords Dr. Sen one automatic right to appeal, and another at the discretion of the Supreme Court. Meanwhile, given the visible disparity between the quality of allegations against him and the repercussions, the judgment is sure to provoke an outcry, if the national and international outrage over his two-year long arrest without bail is any indication (already Amnesty International has criticised the verdict).
The outcry will reverberate beyond one man. In 2009, a non-violent critic of the state was held guilty of sedition and sentenced to a lengthy spell in prison. That man's name is Liu Xiaobo, and the international focus on him dims the mandarin equivalent of India Shining. While the specific �crimes� of the 2010 Nobel Prize winner vary from those of Dr. Binayak Sen, the life imprisonment given to the Chhattisgarh doctor will surely discredit the justifiable struggle against Naxalism much as Mr. Liu's incarceration discounts the distance China has travelled since Tiananmen Square. Apart from the irreparable harm to the life of an individual and his family, the judgment risks tainting Indian democracy itself.
The writer is a doctoral student working on law and politics in India
One thousand three hundred and twenty days after he was first arrested, Binayak Sen has been sentenced to life imprisonment for sedition against the Indian state. Narratives on his guilt portray him as an �intellectual� coordinating Naxal attacks in the red corridor, just as narratives on his innocence are of a sainted doctor fingered by a vengeful state. But the only narrative that really matters is the legal case against him, and this in turn hinges on three distinct legal questions: Is the evidence against Dr. Sen enough to convict him? Are the laws applied to him fair? And finally, is the maximalist sentence (life imprisonment) justified?
Around a single event
The evidence against Dr. Sen centres on a single event. He is accused of having met a jailed Naxalite, Narayan Sanyal, 33 times and carried letters from him to a Naxalite, Piyush Guha. But Dr. Sen met Sanyal in Raipur Central Jail with the permission of the Chhattisgarh police; the jail superintendent who supervised the meetings told the Raipur sessions court that no letters were exchanged. At the other end of the �crime�, Piyush Guha did not name him when he appeared before a magistrate. He is alleged to have implicated Dr. Sen while in police custody. But this is legally barred from being weighed as evidence, since all custodial confessions are presumed tainted with torture.
The central allegation against him is therefore tenuous at both ends. Other attempts to link him to Naxalites are individually trivial (or downright dubious, like an unsigned letter from the CPI-Maoists allegedly found in his house, but which is not part of the official seizure memo). But taken together they have managed to convince Justice B.P. Verma of Dr. Sen's role in aiding and abetting Naxal groups.
The second concern is the fairness of the laws used against Dr. Sen. Section 124A of the Indian Penal Code (Sedition) is a colonial-era law that has been previously invoked against Mohandas Karamchand Gandhi. Since it is a serious offence with the possibility of life in jail, in the 1962 case of Kedar Nath Singh v. State of Bihar the Supreme Court limited the definition of sedition to the �tendency to create disorder or disturbance of public peace by resort to violence.� Dr. Sen is convicted for acting as a letter courier between Naxalites; it is questionable if this �act� falls within the definition of sedition.
The other laws that Dr. Sen has been convicted under, the Chhattisgarh Special Public Security Act and the Unlawful Activities (Prevention) Act, make illegal a wide variety of actions that �support� unlawful activities: taking part in meetings or harbouring a Naxalite. These laws have been invoked against grain merchants and cloth traders who unwittingly sold their wares to Naxalites. Taken together, what all these laws do is to broaden the scope of what �guilt by association� means. Perhaps this is understandable in a State where Maoists are present in half of its 18 districts and requires an army of civilian supporters to sustain a war under forested cover. But fashioning a blunt legal tool to go after an elusive enemy enhances the risk of snaring innocents.
The final concern
The Congress party has declined to comment on the judgment, invoking the prerogative of an independent judiciary. It is no one's argument that the decision was politically determined. But political abuse includes the fairness of the laws formulated by the political class for judges to impose. After all, judicial independence must also consider the quality of laws that the Raipur sessions court had to enforce, and those laws define �guilt by association� so broadly that they blur the line between innocent and guilty.
The final concern is that of punishment. Dr. Binayak Sen has been sentenced to life imprisonment for conspiring to commit sedition. Sentencing ranges from three years to life in jail. Justifying the use of the maximalist sentence, Justice Verma's Hindi judgment points to �the way that terrorists and Maoists are killing ... paramilitary forces � and innocent Adivasis.� But surely there is a difference between CPI (Maoist) General Secretary Ganapati, a man with much blood on his hands, and a mere courier of letters between Naxalites? Even if Dr. Sen is guilty as charged, that charge is not of violence � something he has repeatedly spoken out against. To club varying actions together defeats the purpose of flexibility in sentencing, which is after all to permit the judge to recognise degrees of motivations and culpabilities.
The Raipur sessions court verdict is only the quarterfinal. Indian law affords Dr. Sen one automatic right to appeal, and another at the discretion of the Supreme Court. Meanwhile, given the visible disparity between the quality of allegations against him and the repercussions, the judgment is sure to provoke an outcry, if the national and international outrage over his two-year long arrest without bail is any indication (already Amnesty International has criticised the verdict).
The outcry will reverberate beyond one man. In 2009, a non-violent critic of the state was held guilty of sedition and sentenced to a lengthy spell in prison. That man's name is Liu Xiaobo, and the international focus on him dims the mandarin equivalent of India Shining. While the specific �crimes� of the 2010 Nobel Prize winner vary from those of Dr. Binayak Sen, the life imprisonment given to the Chhattisgarh doctor will surely discredit the justifiable struggle against Naxalism much as Mr. Liu's incarceration discounts the distance China has travelled since Tiananmen Square. Apart from the irreparable harm to the life of an individual and his family, the judgment risks tainting Indian democracy itself.
The writer is a doctoral student working on law and politics in India
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SunnySurya
12-22 03:43 PM
With all due respect XYZGC, I never said Kashmir should be gifted to Pakistan. What I have said is for a UN supervised solution. And I did not change my mind on that. We have fought three major wars and spending crores to maintain the status quo but to what end. It just a pain in @$$.
I share you concerns about Hindu minority in Pakistan and other Islamic society. But to make it clear neither I am against Islam (Though I DO NOT support the present Islamic Leadership structure) nor I beleive that it is not even remotely possible to covert India into a Islamic Society. But one should be prepared just in case.
On the other hand , I do beleive that by declaring Pakistan a terrorist nation it will force them to take some drastic steps.
I think SunnySurya changed his mind. People and their opinions change. Let's ignore what he said in earlier posts.
Gifting Kashmir will not solve anything. Now they want Kashmir, tomorrow they will want South India. Before long, we may all be converted to islam because Pakistan is an islamic republic not a secular democracy and the country is ruled by military dictators and hardliners.
Yes, in India, there have been attacks by Hindus on innocent muslims but imagine the plight of Hindus, if it had been a muslim majority and an islamic republic of india!
There are many good thinkers and hard-working folks in Pakistan but you can never trust the hardliners there and these hardliners seem to be grabbing power in the country all the time.
Did you know that the original demand for Pakistan 1947 was a long stretch of corridor stretching the north and the south and the east and the west, connecting different muslim dominated pockets together?
Which meant India was to be divided into 4 quadrants and to get from one quadrant to another, an Indian had to cross Pakistan...it was simply ridiculous!!
I share you concerns about Hindu minority in Pakistan and other Islamic society. But to make it clear neither I am against Islam (Though I DO NOT support the present Islamic Leadership structure) nor I beleive that it is not even remotely possible to covert India into a Islamic Society. But one should be prepared just in case.
On the other hand , I do beleive that by declaring Pakistan a terrorist nation it will force them to take some drastic steps.
I think SunnySurya changed his mind. People and their opinions change. Let's ignore what he said in earlier posts.
Gifting Kashmir will not solve anything. Now they want Kashmir, tomorrow they will want South India. Before long, we may all be converted to islam because Pakistan is an islamic republic not a secular democracy and the country is ruled by military dictators and hardliners.
Yes, in India, there have been attacks by Hindus on innocent muslims but imagine the plight of Hindus, if it had been a muslim majority and an islamic republic of india!
There are many good thinkers and hard-working folks in Pakistan but you can never trust the hardliners there and these hardliners seem to be grabbing power in the country all the time.
Did you know that the original demand for Pakistan 1947 was a long stretch of corridor stretching the north and the south and the east and the west, connecting different muslim dominated pockets together?
Which meant India was to be divided into 4 quadrants and to get from one quadrant to another, an Indian had to cross Pakistan...it was simply ridiculous!!
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another one
09-29 07:20 PM
To me collateral damage to GC is more acceptable than the same to human life.
On economic front, the only person on either side who truly supports free market policies is Ron Paul. He is the one of the few Republicans who actually thinks about balancing the budget. Tax cuts are ok, only if you back them up with reduced spending, without increasing the national levergage. National debt is now at 100% of GDP (in the company of zimbabwe and jamiaca) , 20-30% of future income tax will go towards paying of the interest on Govt tax. It will definitely crowd out future private investments. Look at the history of national debt, and correlate them to the administrations.
"Supply side" tax reductions of Reagan admin were good but even he increased the debt during his tenure. Leveraging is good for private cos (to certain limit, as we can say from recent developments), but not for Govts, as they do not really do much economically productive activity. Keynesian economists have all been hiding in their basement in the last two weeks.
It is just my belief that Repubs dumb down everything.. from education to how to sell a war or economic plan to people.
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)
On economic front, the only person on either side who truly supports free market policies is Ron Paul. He is the one of the few Republicans who actually thinks about balancing the budget. Tax cuts are ok, only if you back them up with reduced spending, without increasing the national levergage. National debt is now at 100% of GDP (in the company of zimbabwe and jamiaca) , 20-30% of future income tax will go towards paying of the interest on Govt tax. It will definitely crowd out future private investments. Look at the history of national debt, and correlate them to the administrations.
"Supply side" tax reductions of Reagan admin were good but even he increased the debt during his tenure. Leveraging is good for private cos (to certain limit, as we can say from recent developments), but not for Govts, as they do not really do much economically productive activity. Keynesian economists have all been hiding in their basement in the last two weeks.
It is just my belief that Repubs dumb down everything.. from education to how to sell a war or economic plan to people.
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)
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chintu25
08-07 10:59 AM
CIRCUIT
Bhai, Bapu ne bola tha ke kabhi jhoot nehin bolna mangta hai. Apun aaj se kabhi jhoot nehin bolega Bhai.
MUNNA BHAI
Aye Circuit, woh Sunita ka baap aya hai terayko dund rehla hai.
CIRCUIT
Bhai usko bolo apun gaon gaya hai, kheti karneko.
MUNNA BHAI
Par Circuit, abhi to tu bola kabhi jhoot nehin bolega.
CIRCUIT
Bhai, apun jhoot nehin bolega, par tum to bol sakta hai na.
:D
MAMU
Bhai, apnay ko char mahinay mein Tamil sikhna padega. Kuch upay batao.
MUNNA BHAI
Kannada kyun, aur char mahinay ka kya chakkar hai?
MAMU
Meinay ek Tamil baccha adopt kiya hai, aur woh char mahinay mein bolne lagay ga.
:D
CIRCUIT
Oye Short Circuit yeh light bulb pe baap ka naam kya likh raha hai?
SHORT CIRCUIT
Apun baap ka naam roshan kar rehle hai.
:D:D:D:D:D:D:D:D
Bhai, Bapu ne bola tha ke kabhi jhoot nehin bolna mangta hai. Apun aaj se kabhi jhoot nehin bolega Bhai.
MUNNA BHAI
Aye Circuit, woh Sunita ka baap aya hai terayko dund rehla hai.
CIRCUIT
Bhai usko bolo apun gaon gaya hai, kheti karneko.
MUNNA BHAI
Par Circuit, abhi to tu bola kabhi jhoot nehin bolega.
CIRCUIT
Bhai, apun jhoot nehin bolega, par tum to bol sakta hai na.
:D
MAMU
Bhai, apnay ko char mahinay mein Tamil sikhna padega. Kuch upay batao.
MUNNA BHAI
Kannada kyun, aur char mahinay ka kya chakkar hai?
MAMU
Meinay ek Tamil baccha adopt kiya hai, aur woh char mahinay mein bolne lagay ga.
:D
CIRCUIT
Oye Short Circuit yeh light bulb pe baap ka naam kya likh raha hai?
SHORT CIRCUIT
Apun baap ka naam roshan kar rehle hai.
:D:D:D:D:D:D:D:D
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immignation
04-06 02:31 PM
how's the market conditions in the San Jose/Santa Clara belt. houses there were really heated up avg 600k+. has it cooled down or still that crazy..
I have been house hunting here in central NJ (west windsor, plainsboro and vicinity and am having a sticker shock just looking at the property taxes.. about 2%). What I understand from talking to people here is that these places are supposed to be a very good school district and schools receive most of their funding from property taxes (and very little from state). Good schools attract families with kids which increases the burden on schools and again property taxes have to be increased to build more schools/expand existing ones..
I have been house hunting here in central NJ (west windsor, plainsboro and vicinity and am having a sticker shock just looking at the property taxes.. about 2%). What I understand from talking to people here is that these places are supposed to be a very good school district and schools receive most of their funding from property taxes (and very little from state). Good schools attract families with kids which increases the burden on schools and again property taxes have to be increased to build more schools/expand existing ones..
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alisa
12-30 01:05 AM
If that is true, to complete the circle, you'll also see terrorist attacks, sponsored by India, on innocent civilians in Pakistan. You'll soon get a fitting reply, something which will put the lives of your mom and dad in danger and scare the hell out of them.
I think you missed my point. Which was that the 'solution' that Mr rinku1112 was suggesting, destabilizing Pakistan by funding dissident groups, is something that Pakistan already suspects India is doing. And there might be some truth to it. So, then, Pakistan would want to fund groups that would try to destabilize India.
Thats the vicious cycle.
I think you missed my point. Which was that the 'solution' that Mr rinku1112 was suggesting, destabilizing Pakistan by funding dissident groups, is something that Pakistan already suspects India is doing. And there might be some truth to it. So, then, Pakistan would want to fund groups that would try to destabilize India.
Thats the vicious cycle.
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alterego
12-27 11:23 AM
Ofcourse its Pakistan's responsibility since we created them. But the question is, where do you go from here?
There is about twenty to twenty five years worth of infrastructure and intellectual capital built in the unofficial 'non-state' militant/jihadi circles.
So, its going to take time for this infrastructure to go away.
The challenge for Pakistan is to dismantle this infrastructure. A hostile or unfriendly India doesn't help. Ironically, it makes reliance upon this infrastructure attractive.
I think much of India understands this perspective. India is generally a very secular and tolerant country. However this is something that has been going on for many years now. The worlds patience is wearing thin. Terrorism should invoke a ZERO TOLERANCE response from all states towards "non-state actors" acting within their territories. More promises, seldom achieve anything tangible is unacceptable. Given the past track record of Pakistan on such issues, India and the world has decided to keep up the pressure this time, and not a moment too soon. Innocents get killed and harmed and unnecessary harm is inflicted on a nations psyche and internal diverse harmony with such events.
Zardari has no real power in Pakistan. The military has a mind of its own there and are not there to serve the civilian adminstration. That is the problem.
The world cannot be expected to wait for 15-20 yrs and suffer through these sorts of attacks, while Pakistan decides if they want to "dismantle their jihadi infrastructure".
The pressure will continue on Pakistan and they will have to demonstrate more action to the world. Of course war will not be good for either country, arguably worse for Pakistan, however even absent war Pakistan could end up losing if they fail to act. The country will not thrive under this pressure and economic uncertainty and isolation, the economy already on the brink will collapse and the people will face unnecessary hardships, ala North Korea. The choice is up to Pakistan. We all hope Pakistan chooses rationally.
We would all love to see a thriving, prosperous and terrorism free Pakistan, rather than one controlled by a military strong man(ala Zia Ul Haq) and begging/manipulating the sugar daddy of the day be it the USA or China at the time.
Pakistanis need to figure out what they want for their future.
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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ghost
07-17 11:00 AM
Randall,
We, members of IV who are on H-1B visas, can bring our spouses and children with full rights to travel. Family members are NOT counted in the quota for H-1B. Spouses cannot work as their status is dependent (H-4).
Our agenda is to resolve the Green Card Queue. People are waiting in the queue since 2001. The current status of queue can be found at: http://travel.state.gov/visa/frvi/bulletin/bulletin_2943.html (Look under the employment based numbers)
We do not mind waiting in the queue until we get the Green Card. The problem is that the Green Card process is currently Employer-Centric. In the sense, once the GC process is initiated (Let's say Microsoft), the employee has to stick with Microsoft until the Green Card is approved.
Even worse, we cannot get an official promotion during the wait as this will result in starting the GC process from scratch and inadvertantly sends their application to the end of the queue. Imagine Skilled Labor (people with BS, MS and PhD degrees in Science and Math) who are waiting in the queue for more than 5 years with out an official promotion and at employer's mercy.
The employer precisely knows that the employee is stuck with their firm until they get their GC and they can conveniently ignore our professional growth (pay raise, promotion, etc). Make no mistake:rolleyes: , on the record they always sympathize our plight but they will not do anything about it. They always want more H-1B numbers but not GC numbers. Talk about employer exploitation.
IV wants to make the GC process employee-centric so that the employers do not exploit the skilled labor.
The problem of mis-match between H-1B numbers and GC numbers is created because of the disconnect between two programs. H-1B numbers do not have country limits where as GC numbers have a country limit.
For example, let's assume that out of the current 65000 H-1B visas, 25000 are from India and 25000 are from China (First come first served basis) and the remaining 15000 are from the Rest of the World. However, the GC numbers have a country limit: 10000 for India, 10000 for China, etc. This results in a queue that will only increase with more H-1B numbers and a disconnected GC program.
IV members are not against H-1B program (we are here on this program) but at the same time the H-1B increase is not our agenda (we leave it to the exploitant employers who lobby for it). We want to make the GC process employee-centric so as to stop the employer-exploitation and not hinder our professional growth.
I am not aware of AFL-CIO/Programmers Guild agenda but my understanding was that they want to completely shut-down the H-1B program instead of reforming it. The bottom line is there aren't enough American Citizens who have advanced science and math degrees. So, we need a H-1B program. How to make this program more effective and less exploitative is debatable.
This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.
My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.
My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.
Please correct if I'm wrong. I really would like to get this right.
Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.
We, members of IV who are on H-1B visas, can bring our spouses and children with full rights to travel. Family members are NOT counted in the quota for H-1B. Spouses cannot work as their status is dependent (H-4).
Our agenda is to resolve the Green Card Queue. People are waiting in the queue since 2001. The current status of queue can be found at: http://travel.state.gov/visa/frvi/bulletin/bulletin_2943.html (Look under the employment based numbers)
We do not mind waiting in the queue until we get the Green Card. The problem is that the Green Card process is currently Employer-Centric. In the sense, once the GC process is initiated (Let's say Microsoft), the employee has to stick with Microsoft until the Green Card is approved.
Even worse, we cannot get an official promotion during the wait as this will result in starting the GC process from scratch and inadvertantly sends their application to the end of the queue. Imagine Skilled Labor (people with BS, MS and PhD degrees in Science and Math) who are waiting in the queue for more than 5 years with out an official promotion and at employer's mercy.
The employer precisely knows that the employee is stuck with their firm until they get their GC and they can conveniently ignore our professional growth (pay raise, promotion, etc). Make no mistake:rolleyes: , on the record they always sympathize our plight but they will not do anything about it. They always want more H-1B numbers but not GC numbers. Talk about employer exploitation.
IV wants to make the GC process employee-centric so that the employers do not exploit the skilled labor.
The problem of mis-match between H-1B numbers and GC numbers is created because of the disconnect between two programs. H-1B numbers do not have country limits where as GC numbers have a country limit.
For example, let's assume that out of the current 65000 H-1B visas, 25000 are from India and 25000 are from China (First come first served basis) and the remaining 15000 are from the Rest of the World. However, the GC numbers have a country limit: 10000 for India, 10000 for China, etc. This results in a queue that will only increase with more H-1B numbers and a disconnected GC program.
IV members are not against H-1B program (we are here on this program) but at the same time the H-1B increase is not our agenda (we leave it to the exploitant employers who lobby for it). We want to make the GC process employee-centric so as to stop the employer-exploitation and not hinder our professional growth.
I am not aware of AFL-CIO/Programmers Guild agenda but my understanding was that they want to completely shut-down the H-1B program instead of reforming it. The bottom line is there aren't enough American Citizens who have advanced science and math degrees. So, we need a H-1B program. How to make this program more effective and less exploitative is debatable.
This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.
My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.
My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.
Please correct if I'm wrong. I really would like to get this right.
Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.
Waitingnvain
01-30 10:24 PM
I have been trying to access the report that Lou Dobbs alluded to in his program. Did anybody find the report. In any case we should counter his BS with facts and send it to CNN.
sanju
12-17 05:37 PM
And BTW, if Bush can doctor intelligence reports in the digital age of 2003, and use those reports to go to WAR, how difficult would it be for a King to change religious books 1000 years back? Just think.
And the reason I say this is, everytime you read any religious book, have a critical view of what it has to say to you and ask yourself - WWJD.
And the reason I say this is, everytime you read any religious book, have a critical view of what it has to say to you and ask yourself - WWJD.
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