Thursday 7 July 2011

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  • qasleuth
    03-31 07:44 PM
    May be their receipt dates are close.. Remember, CIS can't sort the application by PD. They can process in FIFO of RD.

    Nope...was keeping an eye on that too. Sent PMs to a few and could see no trend in the receipt date/notice date either.





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  • gcgreen
    08-06 01:03 PM
    Excellent point.

    Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

    ...

    (2) Definitions. As used in this section:

    Advanced degree

    means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

    ======================================



    ____________________________
    US Permanent Resident since 2002





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  • zxcvb
    07-17 10:37 PM
    Hi UN,

    What if the employee gets paid less than what is mentioned on the LCA on H1. Is that considered Out of Status?

    Thanks in advance





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  • GCOP
    07-13 10:11 AM
    We are going to write the letter to DOS. All of us in EB3, request IV to step up the efforts to solve EB3 visa problem. EB2 has already advanced to 2006. We are happy for them. EB3 is still in 2001 . Nothing can be more serious than this. IV's concentrated efforts (Meeting with DOS or other authorities) in this situation will be highly admired, at this time when it's needed the most. Thanks in Advance.



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  • priti8888
    08-09 06:43 PM
    Hi UN,

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

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

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

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

    Thanks In Advance,
    kSR

    since u r the primary applicant choose option 1





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  • unitednations
    03-24 07:25 PM
    Its rather ironic that system created for staffing companies was misused so rampantly that they are the ones bearing the brunt of this onslaught.

    So according to your experience are they are always denying applications even when the employee is able to furnish a contract with the end client ? This is indeed surprising and alarming. I am just worried this can spill in to everything that USCIS adjudicates.
    on the other hand how do you put an end to this misuse ?

    Should'nt they establish a set of guidelines for the employers and employees? So both are aware what they are up against. Looks like its pretty arbritary right now and USCIS indeed playing the "hand of god"

    There are two service centers that process h-1b's. California and vermont.

    Vermont was very, very easy in the past. Now; they want contract and purchase order with end client. If somehow you can get it then they want detailed duties to see if job requires a degree. it is difficult to get a purchase order/letter from end client let alone a detailed job description/duty. If you can't get one and they ask in an rfe; they are denying it.

    If you can get one; they are stating duties aren't specialized enough to determine job requires a degree OR they think the company is going to further outsource the candidate.

    California is along similar lines but they only deny if they think the contract/purchase order is from the middle man.

    Big problem is verrmont changed their expectations midstream. California has been pretty consistent the last few years and they haven't changed much in how they look at h-1b's.



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  • chantu
    07-14 09:51 AM
    I think USCIS is successful in using the policy of DIVIDE AND RULE. This is the condition of pathetic LEGAL & EDUCATED immigrants. This is the reason why illegal & uneducated people's voice gets heard because they are united.





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  • Marphad
    01-08 01:47 PM
    Intrestingly the artical also says...

    The Muslim faith envisioned by the Prophet in the Koran and recorded by his contemporaries in the Hadith is a religion that practices tolerance towards all races and religions, stresses the extreme importance of literacy and education, and elevates the status of women to unprecedented levels in many societies. This is the gentle, peaceful Muslim faith practiced everywhere in the world, except in Saudi Arabia and the Taliban provinces of Afghanistan and Pakistan

    I include Bangladesh in this. So that makes 350 million out of 1.6 billion :). Percentage is high, very high!

    Source: http://www.islamicpopulation.com/world_general.html



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  • abracadabra102
    01-03 07:01 PM
    If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.

    You summed up the entire Pakistani approach to terrorism beautifully. We have a problem. You won't cleanup your house and I can't live like you (with all these cockroaches coming from your house). I am afraid I may have to burn your house down. I may lose my house as well, but that is the risk I should be taking.





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  • mariner5555
    04-14 02:16 PM
    I cannot agree more. I have been trying to drill this into some peoples brain but they are so adamant on renting and has made this thread into a rent vs buy argument. I finally gave up. I am not saying that this is the right time to buy. Fast forward 2 or 2+ years, lets assume the market is good. Then when it comes to rent vs buy I advocate buying a house.

    Let�s say you have a small kid and you are living in an apartment, after 10 years you save enough money to buy a big house and you then eventually you buy it. Then you ask the your kid �do you like the house?�. He will reply �it�s very nice dad, but can you give you give my childhood now?.�. Go figure out guys. If you are not planning on going back for a very long time then at-least get a life in the country you reside and when the housing market is good.
    wow you come back to the same argument again ..and you tell others. maybe you should ask your child ..would you prefer that I spend more time with you or is it o.k if I see you only on weekends.
    you are saying the others are not understanding your point ..but at the same time you are not understanding the other side of argument.
    basically you are equating a bigger house means better childhood ..which is plain wrong. maybe your case or for few lucky people that maybe the case ..but I suspect for 99 percent of people ..maintaining and buying homes means they have to slog harder and that means less time for kids !!



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  • irock
    08-05 08:42 PM
    Pl close this stupid thread. Thx!
    Can someone note the

    - Best funny post on this thread
    - Best post of the thread
    - Worse post of the thread

    for the 3 awards and I will go through just those 3 posts and close the thread. :D

    I will open the thread once Rollling_flood files the lawsuit:D.

    What do you say?





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  • pthoko
    07-11 10:48 AM
    Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.



    I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.

    If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.




    1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
    2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
    3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?


    ________________________
    Not a legal advice.


    Yes H1B is NOT Stamped yet.



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  • Macaca
    12-28 07:23 PM
    In India, a struggle for moderation as a young Muslim woman quietly battles extremism (http://www.washingtonpost.com/wp-dyn/content/article/2010/12/27/AR2010122704519.html) By Emily Wax | Washington Post

    Rubina Sandhi had settled in for a night of homework when panic swept through the narrow, congested alleys of her neighborhood.

    It was Sept. 11, 2001. Television sets in the mosques, tea shops and market were beaming images of the World Trade Center engulfed in flames in New York. Five months later, Rubina's house was burning as Hindu mobs torched Muslim areas of her city, leaving thousands of people homeless. She remembers smoke hovering over Ahmedabad just as it had over New York.

    With their few remaining possessions, Rubina's family members took refuge in a squalid relief camp and, several weeks later, moved into ramshackle housing on the edge of the city - where only Muslims lived and worked. "We felt like ghosts," recalled Rubina, who was then 12.

    The rioting was among India's worst sectarian violence in decades, hardening divisions between the Hindu majority and the country's 140 million Muslims as hard-liners on both sides sought to exploit the tensions. Soon after the rioting, many young Muslims in Rubina's neighborhood started following stricter forms of Islam as imams fanned out into the region's poorest Muslim areas, some bringing with them Wahhabism, the fundamentalist form of Islam practiced in Saudi Arabia.

    Some Indian Muslims even sought training in Pakistan to carry out acts of revenge in India, their version of violent jihad. For her part, Rubina chose a different struggle, determined to be a good Muslim and daughter as the community around her became more radicalized. She fought for the right to make decisions for herself, and she tried to find a way to voice her beliefs as a woman, as others around her were being silenced.

    Her decisions would mirror those of many other young Muslim women in her city who entered adulthood in the aftermath of religious violence and the Sept. 11, 2001, terrorist attacks. She would be asked to compromise her dreams, and her commitment to Islam would be questioned.

    Ahmedabad, a 600-year-old city in the state of Gujarat, has long been a vibrant historical center where religions aspired to coexist. It was the headquarters for Mahatma Gandhi's ashram and his peaceful freedom struggle and is celebrated for its Indo-Islamic architecture. Of the city's 5 million people, 11 percent are Muslim.

    Before the riots, many Muslims in Rubina's neighborhood celebrated Hindu traditions. Yet tensions between Hindus and Muslims here often rose to the surface.

    The violence in 2002 erupted after 59 Hindus were burned to death on a train as they were returning home from a pilgrimage site. Muslim extremists were blamed for the blaze, but the cause of the fire remains in dispute. In 2004, a government-appointed panel ruled that the train fire was an accident and not caused by Muslims.

    Soon after the anti-Muslim riots, extremist imams started to gain more clout. Among them was a firebrand televangelist named Zakir Naik, whose weekly sermons are broadcast from Mumbai and Saudi Arabia. Thousands of young Muslims have been drawn to his powerful slogans, including his declaration that to defend Islam, "every Muslim should be a terrorist."

    This more conservative brand of Islam became more acceptable, and it seemed to empower Muslim men in India. But it had the opposite effect on Muslim women. The imams and mullahs warned young women to stay indoors, to forgo higher education and to become dutiful mothers of as many children as God would give them. The children, they said, would replace the Muslims killed during the riots.

    "The Hindu mobs who attacked us called us all terrorists. Then the mullahs wanted to take away our freedoms," Rubina said, adding: "Everyone felt confused."

    A pervasive fear

    Rubina's father, Mohammed Sandhi, had an eighth-grade education and a job selling incense sticks to Hindu temples. When he was a young boy, his grandparents had told him haunting stories about Muslim-Hindu tensions in the 1930s and rioting in the southern city of Hyderabad that forced the family to migrate to Ahmedabad.

    Mohammed believed in the aspirations of a rising India. He had saved for years to move the family into a comfortable two-room home, and he hoped that his two children - Rubina and her older brother, Irfan - would be the first in their family to attend college.

    But after the riots, Mohammed began to believe that his ambitions were naive, at least for Indian Muslims. "We thought that was the past, over, just our history. But after the 2002 riots, we worry every day that the violence could happen again," he said.

    In the street just outside the family's housing complex, 69 people, mostly Muslims, were burned alive during the riots, the first and largest single massacre during the crisis, a federal investigation later found.

    From there, fighting spread. Over the next two months, more than 200 mosques and hundreds of Muslim shrines were burned down, and 17 ancient Hindu temples were attacked, according to police and human rights workers.

    Everything in Rubina's home was destroyed: childhood photographs, birth certificates, school records and land deeds.

    The family left behind the charred ruins of their home for a relief camp, one of more than 100 that housed 150,000 Muslims after the riots.

    The city slowly calmed, but acts of violence on both sides continued and people remained fearful.

    Watching their parents weep, Rubina and Irfan grew angrier and more confused. "We never thought this could happen here," said Rubina's mother, Mumtaz Sandhi. "We thought we are Muslims. But we are also Indians."

    Silencing women's voices

    After several weeks in the camps, Rubina's family settled in Juhapura, a poor area on the western outskirts of the city where many Muslims moved from Hindu-dominated localities.

    The neighborhood has some middle-class areas but is largely poor, and activists have fought for basic government services, including paved roads, a sewage treatment system and garbage collection.

    During her teenage years, Rubina started to notice that her brother, like many young Muslim men, was growing more observant of Islam, more conservative, introverted. They had always been close, and tragedy had strengthened their bond. But their paths began to diverge as Irfan sought comfort and sanctuary in the strictures of Islam.

    Rubina, like other young Muslim women, feared she would lose her freedom under those strictures. She resisted calls from increasingly conservative imams to wear a traditional black garment that covers the body and sometimes the face.

    In Gujarat, more and more women suddenly started dressing more conservatively, often as a show of Muslim pride but also to ward off sexual advances and potential sexual violence.

    Rubina's mother began covering her hair, and Rubina said Irfan soon told her that he preferred to marry a woman who dressed conservatively.

    Around this time, Rubina met a social worker named Jamila Khan at a meeting for Muslim women concerned about the living conditions in Juhapura and profiling of Muslim men as terrorists. But Khan also spoke out against Muslim leaders intent on reeling in Muslim women, curbing the liberties enshrined in India's secular constitution. She described herself as an "Islamic feminist."

    "It doesn't matter what our women were wearing," Khan told Rubina and her friends. "What is important is still having a voice. Islamic rigidity is silencing our most dynamic Muslim female minds."

    Many of Rubina's peers were giving up on having a career and were marrying and starting families earlier. Instead of going to college to study business or medicine, many were taking up courses at nearby mosques that taught them to be good Muslim wives.

    But as Rubina entered young adulthood, she said, she became aware of the hypocrisy among many of the imams. Although they preached that Muslim women should be homemakers, they sent their daughters to private schools and universities in Britain, Canada and the United States.

    During her first and only year at college, a Hindu extremist group circulating on campus began warning Hindus against having friendships or romantic relationships with Muslims. Rubina said some Hindu students started calling the places where Muslim students gathered "the Gaza Strip" or "Pakistan."

    "But I am Indian, too," Rubina said she wanted to tell them. She felt ashamed. Betrayed. Silenced.





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  • redcard
    03-24 04:28 PM
    You know its very true that the whole problem around H1-B and Green Card scrutiny has a lot to do with the way the system was exploited by consulting companies which primarily have Indian ownership. In the pre Perm day�s you would find every consulting company having an address in every state where the labor approval for green card was faster. That resulted in the same company filling multiple labor for the same employee from five different state�s resulting in clogging the system and leading to BEC�s. These labors when they were eventually approved were sold by these unscrupulous companies as substitution labors, infact you could find advertisement for sale on sulekha for these labors (I am sure we all remember cybersoft). Thanks to this, today we USCIS looking closely at every green card case.

    In the last few years� things have got so bad that these consulting companies send team of attornies to India during the H1-B filing season for H1-B applications where they charge over Rs.200K plus from candidates for filling H1-B.(Open local Indian papers and you can see advertsiment for these) Half of these applicants never make it to US as consulates rdetect these frauds at the time of stamping and this has made stamping even for genuine cases difficult. Apart from that it has resulted in H1-B lottery where a deserving candidate can not get an H1-B and finally to the current situation where USCIS looks at every H1-B application including renewal with a jaundice eye. Add to this the Satyam issue.

    Lets face it; the root cause of the issue we face in the immigration system can be attributed to the greed of some Indian consulting companies.

    Just take at a look at these advertisments ..

    http://www.training-classes.com/programs/01/26/12677_h1b_visa_sponsorship.php
    http://www.indianscholar.com/Forums/showthread.php?p=344
    http://jobblogr.com/2007/04/08/h1-b-sponsorship-2007-usa-fresh-graduates-experienced-professinals-tcognition-inc/

    I can bet this vipul or shilpa will "bench" the minute you are out of project,,



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  • GCapplicant
    07-14 09:26 AM
    Why is EB3 India unhappy?

    The impression I am getting from all posts is that EB3 is unhappy because EB2 got 2 year advancement in dates. EB3 is unhappy not because of their own retrogression but because someone else is happy being current.

    The reason is not justified. EB3 should be unhappy for its own retrogression and not because someone else in EB2 is current. I see a lot of EB3India guys waking up now to the reality and protesting just because EB2 is getting greencads. This approach is wrong. Where were all of you all these months when IV was asking letters for admin fixes? A lot of us were busy enjoying our EADs and suddenly everyone is woken up. Where were all these guys when visa bulletin came every month and dates did not move?

    I would support an action item for us EB3 folks only when it is based on the genuine reasons of EB retrogression. If it is based on the reason of EB2 getting greencards and EB3 not getting greencards, it is a wrong immature reason and USCIS or any authority capable of decision making will not like it.

    EAD cannot give a solution.We knew that from day 1 .EB3 is unhappy because we havnt got any movement.Will any EB2 here support our cause.I am seeing forums where they have alreday started tracking their LUD's.Fine...Human mentality is when they are out of the problem nobody will turn back.Just becoz we are making fuss out of here there are one or two getting ready to point on us that we are unhappy.How do you expect us to be happy?

    How long we have to wait?

    3 solid years I was waiting for my 45 day letter then it took 6 months to get my labor approval.atleast if it had moved same like EB2 we can again sit and watch the show.

    Fine ,even I feel , this EB2 movement if taken as a possitive movement ,I can expect EB3 ROW to be current by Oct 2008.When they interpret the spillover will that help EB3 single state to move.
    Sometimes I do feel this has been done to fail the bills and break the team effort by IV-see how we are questioning ourselves-right? but will any Eb2 care for us-its our mistake to apply in EB3 and beleiving the old tradition.

    How many of us are there since 2001 nov.any answer.How long can we wait?its impossible.





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  • xyzgc
    12-25 04:30 PM
    We suffer due to the unfairness of a system that hinges upon the place of your birth! We demand that there be no quotas based on "country of birth" and that we ask for equitable treatment.
    Singling someone out due to his/her "national origin" should be something we backlogged EB2/3 I folks should understand more than others. And yet if someone from Pakistan gets a green card - we gang up on him and are outraged that someone from a terrorist country got it before us!!!! Does that mean we would be ok as long as he got it after us?


    I apologize for singling out Talash. I just got frustrated with the fact that you can come from a small, war-mongering terrorist country and get your gc in a year's time, gloat over it, while our tax money of several years finds its way intothe coffers of the very same nation and we wait patiently for several years to see the green.
    It was misdirected anger and I stand corrected for singling out some one like this but it doesn't make my point completely invalid either.

    I got plenty of red dots after my mere mention of the stupidity of ganging up on the fella... red dots are ok... it was the messages that came along with that were offensive - traitor , paki pork, etc - I just deleted my posts after that and stopped commenting on that particular thread.


    I never hurled insults at others and never intended to - you should see the offline messages people left me and you will be equally surprised educated people can use such a horrible language! I'm quite sure several others didn't do that as well. Most folks have been logical and consistent in their posts.
    I gave reds because I got reds - I didn't insult anyone at all. And I'm sure there are many others like me, who didn't participate in this dirty name calling but posted their views openly.


    There is nothing wrong with discussing the history of India and Pakistan, nothing woring in discussing organized vs. unorganized religion, nothing wrong with pointing out the the flaws in Islam or any other religion - The problem is that such discussions always end up with insults hurled at each other. While we may start with the noble intention of having a civil discussion about these issues - every thread like this ends up with offensive remarks that drives people away. The simple question then becomes - is it worth it? Is this the place to do it? Would such a thread be allowed to continue on Ron Gotcher's website? I hope the moderators of this site realize that inaction on their part seems like they condone this type of behavior.


    Why are you "singling" out this particular thread?

    Haven't you seen enough bickering, shouting, name calling on other threads, which are supposedly, solely focused on addressing immigration issues.
    How many threads have you seen not ending up in flaming at each others? Nearly, in every thread that is related to immigration, people jump at each others throats. Otherwise, there are threads which post useless visa bulletin predictions (I've done it myself).
    And what have you done to stop it, may I ask?:(


    All the red dots coming my way are more than welcome... just a small request about the insults .... please be brave enough to post them publicy!
    So let us now go back to solving all the controversial theological, anthropological and geopolitical issues. Let us continue to demand for fairness and an immigration system blind to our country of birth - but make sure we point out other people's national origin... no wonder the most anti-immigration people are generally the most recent immigrants.

    Agreed.



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  • wellwishergc
    07-11 11:27 AM
    Is your GC approved now?





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  • nogc_noproblem
    08-05 01:10 PM
    A man was walking in the street when he heard a voice...

    "Stop! Stand still! If you take one more step, a brick will fall down on your head and kill you." The man stopped and a big brick fell right in front of him. The man was astonished.

    He went on, and after awhile he was going to cross the road. Once again the voice shouted: "Stop! Stand still! If you take one more step a car will run over you and you will die." The man did as he was instructed, just as a car came careening around the corner, barely missing him.

    "Where are you?" the man asked. "Who are you?"

    "I am your guardian angel," the voice answered.

    "Oh yeah?" the man asked. "And where the heck were you when I got married?"





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  • kaisersose
    04-15 10:31 AM
    When I was a kid I lived in a very small house (flat) with my parents. Now I look back & realize that was the happiest time of my life. We didnt have much money. My parents gave me lot of time & love. For a kid what matters the most is the love he recives from his parents.

    Agreed, but then you have no way of knowing if you would have been less happier growing up in a bigger home. For all you know, you may have been more happier.

    I think personally we shouldn't make a statement "Our kids will have better lives in a house".

    That is the general line of thinking everyone has including all the people who are posting on this forum. If more money does not equate to a better life, then why are all these people taking the trouble to desert their home land and live in a foreign country? If more money => better lifestyle, then it follows a home can provide a relatively better environment to a child than an apartment.

    If all Americans live in rented apartments, drive only used Japanese cars (resale value), furnished their homes with scant used furniture and were focussed on investing their money than spending it, then the American economy will go down to the level of a third world country in less than 10 years.

    This does not mean everyone has to run out and buy a home. The point as I said earlier is to see a home as a home and not as an investment.





    cinqsit
    03-26 02:08 PM
    UnitedNations,

    So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?

    cinqsit





    thakurrajiv
    04-06 09:17 AM
    jung.lee,

    I do share the same concern as you. But after doing a little bit of research about housing in my area, i did figure out that housing in good school areas are always in demand. So it's probably more important than ever to buy in a good school district if anybody is buying. Moreover in NJ you hardly have any land left to build any new houses, so there are not a lot of houses on the market in some areas. I am kind of relieved a little to buy it in the area i am buying. The job losses are a concern though. Right now it's only in the financial field but it could affect other industries also. But it's still a cycle and everytime we see some recession looming, it's been advertised as the worst in recent history still people live and come thru it. Some suffer losses going thru it, some doesn't get affected. During last recession, people lost millions in stocks and some my own friends lost more then 50K and that is no better than the situation we are in right now. So why worry now?
    Fide_champ, very good arguments if you are not the one who is loosing ....
    You will be winner if you come through. 2 problems though :
    1. How do you know you will come through ?
    2. Even if you do come through, dont you think you will make more if believe the economy is going further south !!
    I will mention one of my favorite quotes :
    " If my neighbor loses job it is recession but if I do its depression".



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