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  • To United Nation

    I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?

    UN can correct me, but I believe upto 180 days of out of status is automatically pardoned in EB-AOS cases. Since yours is within that limit, you should be ok.





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  • Assuming your husband is here from 2000, they are asking for 7 years, i.e. 12 * 7 = 84 months of paystubs? This is ridiculous. How many people keep paystubs from 7 years ago? Infact in those days paystubs used to have their social security numbers on them, they should be shredded, atleast that's the common advice.

    My pay stub still has SSN.

    Its always good to keep all the paystubs / w2/ tax returns / employment verifications letter / what ever other evidences you have.. especially employment based GC applicants





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  • I cannot remember what FHA is. If it is what I'm guessing, then my income would have been too high anyway. Basically the broker found something that I liked, in the end I paid less than most US citizens pay, but that was because I took an 5 ARM and was happy for it to adjust where as most take a 30 year fixed. I worked the mortgage system to my advantage, more to do with personal finance than immigration status.

    My basic points are be knowledgeable in the mortgage technical details, and a broker should be able to find you something good assuming you have good credit and deposit. Only put people with SSN on mortgage. If you use the seller's realtor (after agreeing price terms etc) to find mortgage (if they are licensed, and legal in your state) then they may work double hard because they lose double if it don't work, but be aware of the conflict of interest, understand all technical details, and make deposits if any contingent on something you like (not just mortgage acceptance -- otherwise you could be 'accepted' for at a 10% APR). You are the boss not them. Since you may be more vulnerable to job prospects, factor that into the about of debt you are prepared to accept -- all personal finance more than immigration.

    You might also like to consider independently getting a valuation and inspection of the property, paid for by you directly, not via mortgage application. I am more bothered in conflict of interest there. But in my case I knew mortgage finance inside out after my research, but knew less about home inspections and valuations.

    My experience is that finance industry here knows little about GC, H1, AOS, etc. they care about credit score, SSN, deposit, employment/salary verification, state ID (maybe), and their commission. Do not handicap yourself.





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  • I was quoting you to make a point, did not mean to put words in your mouth. Apologies.

    I totally agree about the transperancy part and the affect measuring people has on productivity. My receipt date is 07/30/07 and notice date is 09/06/2007, there were cases filed after mine on which RFEs were issued. Does it mean they have preadjudicated/looked at my case ? I can only wish as it is pretty hard to believe that it was looked at.

    Didn't say anything about "systematic" at all - I think we all know better than to use "systematic" and "USCIS" in the same sentence!:D However, they definitely seem to be making some progress on adjudications even if none the country caps limit green cards issual. Aamazing how you can change behaviour when you set a goal and start to measure people on it - looking at the bits and pieces of info being released by USCIS, you can see something is changing and I would suspect a lot has to do with the new leadership in government, that has a mandate for greater transparency (unlike their predecessors). Given the lack of visibility to Case Officers of cases with old PD's (they track by RDs and not PDs), I cannot but believe this will be good for getting some structure into the system.





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  • 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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  • I had same thoughts today, as I did a few months ago in my post in this forum.
    Let's ignore quoting Lou here (don't quote the devil). Let the Ad industry be happy with him. His audience reach has climbed from 400k to 900k because of his immigration rant. I guess he will land with a thud once this dust settles down.
    He is just using this to play illegals vs legals. If you watch his lousy program, he is constantly ranting that this CIR bill will increase immigration by 100 million plus in the next few years. Some time back he also said that the CIR is a covert operation to increase H1Bs and legal immigration, not just about illegal immigrants. You can tune out what Lou says, he's doing what he can to improve his ratings.





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  • First off, we are here to get our GC faster so the effort is commendable. ...........

    The old interpretation was too complex to be correct..... between 2000 and 2007 it resulted in EB-2 getting shortchanged. EB3 approvals were more than DOUBLE of EB2 during those years.

    2000 - 2007 Average
    33,000 EB2 / year
    83,000 EB3 / year

    There are simply too many EB3 cases compared to the visas available.

    EB2 may have been less retrogressed the last 3 years if the DOS had interpreted the law correctly. Visa numbers were mean to - SPREAD OUT, THEN SPILLED OVER downwards.

    Prior to April-08, i don't ever EB2 applicants complaining about getting shortchanged - they understand the pain of someone having to wait for a decade to get a GC and probably didn't mind getting shortchanged.

    Again - this is not about fairness, justice, merits of the applicants. It is about giving US employers the ability to fill posts when & where Americans are not available or willing.





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  • I agree with you. British occupied USA and India at around same time (1600) and USA got it's independence by 1789 and we had to wait until 1947. UK was very badly hurt post second world war and had to borrow money heavily from USA to pay for veterans and keep war time employment rates. Clement Atlee in his wisdom thought that UK can not maintain it's empire any longer and let go of colonies. Winston Churchill was opposed to this but could not prevail over Atlee. I admire Mahatma immensely. But let us not kid ourselves that we got independence solely based on peaceful independence struggle. To all those peaceniks, if you think non-violence is such a great weapon, why can't we scratch the whole army and use that massive defence budget for something else? If we are maintaining an army, we are going to use it some time.
    at the risk of adding to this "no longer relevant" thread - there is a huge difference between US and India gaining independence.....in case of the former - it was some Britishers now settled in America fighting other Britishers (loyalists to the throne) for autonomy and independence......

    India was perhaps the first successful example of natives gaining independence from a colonial European power....

    also - to brush up on some more history - India was not occupied in 1600 - actually East India Company was established in that year.....the real establishment and consolidation of territorial control happened between two historical events (Battle of Plassey in 1757 and Sepoy Mutiny in 1857).....if we consider the 1757 date as start of colonization in true earnest - then India was independent in 190 years (1947 - 1757) against your calculation of 189 years for USA (as per your post - 1789-1600) - so not bad for a mostly non-violent struggle :-)

    Also - one of the reasons Atlee thought it was too expensive to maintain colonies was because of all the Quit India and Civil Disobedience type regular movements -these movements took much political and military bandwidth that Britain simply did not have after the war.....if maitaining a colony was easy sailing - i doubt Britain would have given it up easily and we have to credit the non-violent movements for helping India becoming a pain in the neck for Britain......





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  • I was quoting you to make a point, did not mean to put words in your mouth. Apologies.

    I totally agree about the transperancy part and the affect measuring people has on productivity. My receipt date is 07/30/07 and notice date is 09/06/2007, there were cases filed after mine on which RFEs were issued. Does it mean they have preadjudicated/looked at my case ? I can only wish as it is pretty hard to believe that it was looked at.

    Didn't say anything about "systematic" at all - I think we all know better than to use "systematic" and "USCIS" in the same sentence!:D However, they definitely seem to be making some progress on adjudications even if none the country caps limit green cards issual. Aamazing how you can change behaviour when you set a goal and start to measure people on it - looking at the bits and pieces of info being released by USCIS, you can see something is changing and I would suspect a lot has to do with the new leadership in government, that has a mandate for greater transparency (unlike their predecessors). Given the lack of visibility to Case Officers of cases with old PD's (they track by RDs and not PDs), I cannot but believe this will be good for getting some structure into the system.





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  • India-China relations today have to evolve in a substantially altered environment. In the current era comprehensive national power is a factor of economic growth and potential. In this China is way ahead of the rest and forging ahead rapidly. The excuse that India�s economic growth story started 13 years later and hence only two decades old and hence catch up with China soon, does not carry conviction. China has in these last three decades gone way ahead of India and the rest of the world. Today, China is four and a half times richer than India and the difference shows. Whether in domestic infrastructure, or international reach and goodwill, or in its ability to project power far from its borders, this lead is impressive. Yet, such asymmetries can be overcome through alliances and partnerships. Possibility of conflict can be reduced through developing interconnectivity and trade and commercial interdependence. In both areas substantive progress has been achieved by New Delhi.

    The real truth is that India has to get its act together, not merely in catching up in GDP growth, but in translating this in to core national power that can impact on the region and the world. Present strategy then has now to be based on consolidating our immediate neighbourhood and developing selective major power relationships that will translate in time to global influence and political strength. This is the real meaning of �balance� in strategic relationships and has to be pursued with great patience and foresight, but with single minded zeal.

    There are serious obstacles along the way. Our strategic culture of not looking beyond the immediate future precludes effective long term planning. Delhi has always defined its strategic interests in vague principles and ideological terms and not through practical achievable time bound objectives. This needs to change.

    Beyond our neighbourhood we have to develop closer ties with major powers such as the US, Australia, Japan and Korea, key democracies with shared values. This will call for a clear break with our past practice of non-alignment and solidarity among the weak. India, as a strong power in its own right, has the responsibility to assume today the leadership of the medium powers and an alignment with the strong.

    Yet, our bilateral relationship with China has to be firmly grounded in a cooperative, constructive and comprehensive relationship. That is again critically important to develop balance, particularly with China, long imbued with the sense of Middle Kingdom. Even as China begins to adjust to a reality of equal and sovereign powers, New Delhi has to exploit openings that may emerge. China�s incursion in to India�s strategic space, should be met not by lamenting over this fact, but through calm and carefully constructed counter measures in China�s periphery.

    CONCLUSIONS

    Many options may not indeed be feasible at the present time. For example nothing can reduce the utter dependency of Pakistan as a client state of Beijing, to which it has surrendered its sovereignty. But, this does not apply to its other neighbours, such as Myanmar, Nepal or Bangladesh or other Southeast Asian countries.

    This brings us back to the larger issue of bilateral relations between India and China. Lack of knowledge of the �other� breeds mistrust and leads to fear. We need first to bridge the enormous divide and gap in mutual perceptions. This can be brought about mainly by a very much enhanced people to people contact, knowledge of each other�s cultures and history. Not just tourists and visitors, but scholars and young people must enormously increase their contacts in sports, cultural activities and through education in each other�s countries. India needs to match the capabilities of Beijing�s Confucius Centres. There is an enormous amount to learn from each other and without giving up our basic advantages of a more intimate knowledge of the global language, we can continue to enhance our knowledge of each other

    Next is in the areas of trade and commerce. As China�s living standards rise the pay and perquisites of its workers will have to rise in commensurate manner to ensure social stability and its competitive manufacturing advantage will diminish. Instead of Bangladesh, Vietnam and the Philippines benefiting from this development, India is better poised to exploit this advantage. Some simple but fundamental changes to labour laws and ways of doing business in India will have to change and could make all the difference.

    The final factor in achieving a balance is in the area of military capability and deterrence. It is not the most critical issue today to develop a dominance in military capability. For, force today is of diminishing value, except where it serves the purpose of deterring the intention of another to cause you harm. Therefore, an asymmetric but effective deterrence utilizing select capabilities can achieve greater dividends. Such a deterrence potential has to be developed not only in a strategic sense, but also in tactical capabilities. This will have to be in areas of advanced scientific areas; such as in space, under sea warfare capabilities, maritime surface attack, cyber defence and rapidly deployed special forces.

    Indeed, India and China has lived close to each other throughout history, as different civilizations, with distinct identities and simultaneously as leading global powers. Yet, it has no history of either permanent animosity or of conflict. That is a lesson from history that we need to replicate. It may be argued that in the intensely globalizing world and diminishing distance there is today a fundamental difference. Yet, our civilizational experience has also taught us to settle our differences through carefully balancing each other�s concerns and interests and through that process ensuring a peaceful strategic environment in Asia and the world.





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  • I think we all agreed that the letter contents were somewhat pre-baked. The letter campaign was a idea in the right direction.

    And mind you, we are now very active not because EB2 is moving, but because we now have concrete proof that the system was changed this year. I had my doubts, and had been asking about it for a while now, but all of the people said, "no you are wrong, the spill-over is working as it should, and as it always has". We have just recently realized that we were being misled, and there indeed has been a change. That is the reason we are being active.


    Yes, you agreed that the immigration system needs to be overhauled, but the only relief in sight is for EB2 folks.. There is no legislation that will help EB3 backlogs. Recapture will again help Eb2 folks, and given the new "pecking order" that has been wrongly put by USICS, Eb3 will never truly benefit from any of these bills.

    IV has its goals, as any organization should, and we fully realize that it can't keep everyone happy. However, some of you are stopping voices of others from being heard -- which is fine too. IV is a private organization that can choose to censor or restrict some kind of activities. But when you do that, you can't hope that everyone will support the organization, and believe everything that is being told to them.

    What you have said is completely incorrect. EB3I stands to benefit the most from visa recapture legislation. The last time visas were recaptured was in 2000 through the AC21 legislation and as a result of the 230K or so visas that were added to the pool, the USCIS was able to keep PDs for all EB categories, EB1/2/3, EBI/C/ROW, everything current for nearly 4 yrs until 2005 when those extra numbers ran out and retrogression hit. I should know, I could have filed since 2002 but delayed because my less than knowlegable lawyer advised me when you file does not matter. I did not know didly about PD in those days.
    Anyway, when you say visa recapture does not hep EB3I, that is patently FALSE. En Contraire, it is the ONLY thing that can help that category.





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  • did u mean to say 2007 or 2009 on your receipt and notice dates?


    sorry...:eek: 2007





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  • With all due respect, I totaly disagree with original poster. probably, he needs to know more about immigration rules..





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  • Friends

    Keep it up and going. Jokes are wonderful and quite relaxing. I think they in in need indeed.

    Thanks





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  • Thanks UN. Just a follow up question, how would you advise to cases where the labor was filed at client location and the employee shifted to another state right after the 140 approval. I guess in this case there is no chance of convincing USCIS about AC-21 invokation. How would you act if such query comes up? Or is there a chance to get this query these days at the time of 485 processing.? Thanks in advance. With this, I would have all my doubts clarified regarding the work location. And also, I hope it does to so many others.

    Stating the obvious: Your attorney was a knucklehead?

    USCIS hasn't gone to zero tolerance on 140/485 so it is doubtful that you will get such a query.

    Are you still on H-1b?

    If you want to bullet proof yourself then do an eb2 labor now; port the priority date and then inter-file the 485 or file new 485 on eb2 140 which would have been done appropriately. You can get your greencard dependency on the new 140 without losing much in terms of waiting and getting peace of mind.





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  • Fighting for change

    At home, religion had started to drive a wedge in Rubina's family. Irfan, when he talked to her at all, often chided her for not covering her hair. He wanted her to quit school and marry a man whose version of Islam was as strict as his. With her father's support, she refused.

    "We don't really talk that much right now," Rubina said of her brother, who declined to be interviewed for this article.

    Her father arranged for her to marry a moderate Muslim, a man who had a promising job as a hotel manager and to whom Rubina felt attracted. Still, his family insisted that she withdraw from college to start preparing for her nuptials. With her brother and father pushing for the marriage, she agreed.

    She gave up her dreams of an English-language degree, a steppingstone for working-class Indians seeking better jobs in the country's booming call centers and outsourcing industries.

    The trajectory of her life suddenly seemed predictable, she thought, from fiancee to wife to mother and, as is tradition in many Muslim families, caretaker of her husband's home and family. But she still refused to cover her hair.

    Not long after she was engaged, 10 gunmen - young Muslims suspected to be part of a Pakistani jihadi group - crossed the Arabian Sea and came ashore in Mumbai, India's financial and cultural capital. During a three-day siege of the city, the assailants killed 166 people and injured scores - including Muslims - in part as retribution for atrocities in Gujarat, according to recordings of their cellphone conversations, which the Indian government later released.

    It was a turning point for India's Muslim community. For the first time in anyone's memory, many Muslim leaders came together to express anger against Pakistan, where the attackers were said to have been trained. Muslims in Mumbai even refused to bury the gunmen, nine of whom died in the attacks. The backlash was also directed at extremists within the Muslim community.

    "Many Muslims were very worried that we would be attacked after the siege of Mumbai," Rubina said. "We stayed at home, closed our shops. But after watching the Muslims of Mumbai protest in the streets, some here found the courage to protest against the terrorists and explain where we stood."

    The anti-extremist movement spread to other Indian cities with large Muslim populations, including Ahmedabad. Rubina and other women in her neighborhood saw it as an opportunity to speak out against extremism at a time when fatwas, or religious decrees, against women were on the rise.

    "Why do Muslim woman have to be so docile and submissive?" asked Khan, the social worker, who opened a chapter of a national Muslim women's group just down the street from Rubina's house. "Everyone is complaining about terrorists. This is the moment for Muslim women to speak up about our rights, too."

    The women's group filed, and later won, a lawsuit against the city accusing it of failing to provide electricity, water, and sewage and trash services in Muslim communities.

    Emboldened by that success, Rubina soon began studying health issues as part of a government campaign to help young mothers in the neighborhood care for sick children, offering health tips and medicine.

    "Many families here still think it's not safe for a girl to be out in offices or on the roads," she said one recent day, braiding her long hair and loading her briefcase with notes about neighbors in need.

    She walked past the mosque where her brother prayed. Nearby, children played hopscotch over open sewers clogged with plastic bags and crushed soda cans. She paused and tried to remember what her life had been like, how safe she had felt before the riots. Now 22, she wondered whether her life would have been different.

    "Would we have a better life?" she asked. "Would Muslims have a better life?"

    Just weeks ago, Rubina married the hotel manager. "My husband and his family will let me work. That is what's important," she said. "I don't want to sit home. There is a lot of work to do in the community. We are still recovering."

    Her brother attended the wedding ceremony and praised her work as a health activist, one of the few times he has let on that he was proud of her.

    Rubina glowed in a red sari, her hands stained with henna. She danced with the women in a midnight celebration at her home. And her father and brother danced in a nearby room.


    Muslim Women Gain Higher Profile in U.S. (http://www.nytimes.com/2010/12/28/world/middleeast/28iht-muslim28.html) By BRIAN KNOWLTON | New York Times





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  • Well comparing India to Israel is not going to be justified at this time cause Israel has had a offensive stance right from its inception whereas India has always been reactive, and in the long run, i beleive that has paid off.

    However at this point we have to make sure our neighbours take corrective action though to be frank, i am not sure they are capable or have the potency of bringing about the changes cause at the ground level all those dangerous elements (some who have gone and taken refuge from India), enjoy not just support from the intelligence and the army but also from some locals and roam around freely

    So in short it is a rogue country, frankly even the super powers are not in control of the situation there ........as some factions are loyal to the superpowers, some to the dangerous elements and some to regional powers, and each one of them is being used by these powers to carry out attacks to various countries around the world...and implment their respective agendas which are contrary to one another.....

    What is the strategy for India

    In the short term i would say 'Our Sardar' (chieftain...i firmly think this time 'The Sardar' is leading from the front...and not being remote controlled by the lady ) is doing the right thing, he is garnering global support (he first tried the super powers and now is in touch with the regional powers also, and has got PC a highly efficient resource to strengthen internal security), at the same time watching the response from our neighbour, who are talking of war but are trying and i am saying trying to bring about some positive change (how much of that is possible i am pretty pessimestic due to reasons specified above...no single control or point of contact).
    In the long term there has to be a solution to the neighbouring country problem either they revamp and reform (after 60 years of being the bad guys...hit men.... for various powers world over), or look at the possiblity of breaking down the wall cause then we can try and clear up the mess......





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  • I'm confused in the first place, How a public telivision channel like CNN allows to air this show. I'm sure there would have been stuanch critizicism for this show even in the political arena. His offending and never ending seemingly senseless talk on immigration aims at the Congress and even President on their reforms. Agree that we are in a world of freedom of speech but this is crossing the limits.

    The problem is most often the information and numbers given on this show are not actual facts and often exaggerated and misleading. The info looks most likely derived from FAIR or NumbersUSA or Heritage foundation or one of their associates.



    The congress, the president and everyone is crazy. Except Lou Dobbs. Lou Dobbs is the only one who is doing the sane talk.

    Read the smart Einstein-like man's column here:

    The whole world is crazy except me (http://www.cnn.com/2006/US/05/30/dobbs.May31/index.html)

    I will post my own editorial on his editorial on CNN, once I get a minute. In the mean time, seriously, take a drink or two before you read this contribution from Lou Dobbs.





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  • this info is for lou dobbs and he can search for this information in Wikipedia, the free encyclopedia (for all the middle-class that can get free information, most likey coded by an H1B)

    [edit] Taxation status of H-1B workers
    H-1B workers are legally required to pay the same taxes as any other US resident, including Social Security and Medicare.[2] Any person who spends more than 183 days in the US in a calendar year is a tax resident and is required to pay US taxes on their worldwide income. From the IRS perspective, it doesn't matter if that income is paid in the US or elsewhere. If an H-1B worker is given a living allowance, it is treated the same by the IRS as any other US resident. In some cases, H-1B workers pay higher taxes than a US citizen because they are not entitled to certain deductions (eg. head of household deduction amongst many others). Some H-1B workers are not eligible to receive any Social Security or Medicare benefits unless they are able to adjust status to that of permanent resident.[3] However, if their country of citizenship has a tax agreement with the United States, they are able to collect the Social Security they've earned even if they don't gain permanent residency there. Such agreements are negotiated between the United States and other countries, typically those which have comparable standards of living and public retirement systems





    Are you joking????? When was Pakistan stable, that India could destablize it??? A country whose creation itself was based on greed and lies, has just given military coups one after another, because of greed, its politicians, army chief's never gave a chance for Pakistan to stabilize. Hate and terrorism is propagated in all madarasa's, for once just consider all the conflicts and issues between India and Pakistan are solved, do think Pakistan will be stable then, not at all because shite and sunni will start killing each other and destabilize Pakistan. So open your eyes and accept the truth, pakistan was never peaceful since its creation, pakistan is and will remain a problematic country, because its creation is based on greed and hatred. Funny though how pakistan percieves things, previuosly it was trying to call terrorism as freedom fight and now terrorists itself as non-state actors, oh yeah and the famous musharaf's so called democracy. Pakistan is en route to self destruction, sooner pakistani's understand it, the better.

    The Pakistani security establishment believes, and there is probably some truth in it, that India is already supporting groups that are trying to destabilize Pakistan. And because of that, they view India as an existential threat to Pakistan, and justify their own activities.

    Its quite a vicious circle.....





    Why do you want to involve the world in a matter between Pakistan and India?
    I see what you are saying. But I don't think I agree with you.
    The world probably doesn't give much of a damn about it. At the end of the day, a few million nuked and dead Pakistanis and Indians are not going to be the West's headache. They will be the headache for India and Pakistan. So, nukes DO impact the options.


    Yes, there would be a few million nuked pakistanis and Indians. As you said, if the world doesn't give a damn why would Rice, Brown, US Military JCOS and a bunch of others visited India and urged it to restrain caution. I challnge the Indian Govt. to widely publish the statement " Nukes dont impact our options. The decision to go to war or not is not impacted by the presence or absence of nukes"...See how the world reacts.

    The world is more worried about Militants getting their hands on Nukes and has some confidence in India's caution. Madeline Albright recently said pakistan is like a migraine for the world. How many times we have seen stories where leaders after leader, strategists after strategists express concerns that Militants may get the nuke trigger. I believe the world has a stake in neutralizing Pak's Nukes. Do you believe the Nukes are partially controlled by US at present? Or is it Zardari who has the complete control?



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