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  • reddog
    07-14 03:33 PM
    Why do you write 'I know this mess is depressing for EB3 folks' ?
    Is IV not with Eb3 folks? Or are they not important.

    Let me clear somethings.
    Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.

    What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
    Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.

    So, why would you not fight for us?

    If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?

    Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.



    I commend the initiative. But I see a few issues with it:

    You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role

    You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.

    The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.

    If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.

    If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.

    Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.

    So I personally do not think this idea will work.

    While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
    The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.





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  • akred
    04-09 12:06 AM
    If this bill passes along with CIR, that gives the ability to file for 485 even without visa numbers being available, I think most of the placement companies would file for LC (PERM) as soon as they recruit someone (and get H1 approved). That would allow them to file for 140 and 485. Am I missing something here?

    Yes, you are missing something. The processing times for LC(PERM) and for I-140 are not guaranteed. There will be trouble if either of these take an extended amount of time like the multi-year waits that we saw in the recent past. So, the ability to file I-485 without visa number availability will address current filers, but may not protect future filers.





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  • dohko
    04-09 01:46 PM
    You're right excellent idea. 50% won't really affect Microsoft, Oracle, IBM
    because they actually hire Americans.


    Chill out pal, don't exaggerate how much people value academic degrees in real business world. Holding a Ms or PhD degree alone doesn't necessarily mean you're an asset to this country, nor to a particular employer. I have Ms degree from US institution and I don't think it matters much to my employer, everything is based on performance.

    I agree that H1-B visa should be granted to people who fill a real business need, not those who are unfortunately treated as unlimited supply for body-shoppers making their fortune selling hours of H1-Bs. In this perspective, the idea of restricting companies with 50+% H1-Bs is brilliant. I wouldn't worry about management consulting firms like BCG or McKinsey, I bet they don't have half of their consultants under H1-b. :-)





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  • H1B-GC
    02-21 12:24 PM
    But this *****(offensive word deleted) has 800,000 Viewers on his Show.Gets $6 Million From CNN and lives in a 300 Acre Home in Sussex County, New Jersey.:eek:



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  • satishku_2000
    05-16 06:04 PM
    It is very simple -- the 'consulting on the bench' business is ILLEGAL. You can have any opinion on it you wan't, but the bottom line is it is against the law. If you can't meet the legal requirements, you shouldn't be here in the first place.

    And what do you think about the skilled and HONEST people in this world, finding a job and having an H-1B petition submitted on their behalf, only to see all the H-1Bs go in a single day due to the consultants? My sympathy goes to these people instead of any 'consultant'.

    It is amazing that people don't seem to grasp the concept of something being ILLEGAL, and instead seem to rely on some self-perceived logic as to what they can and can't do. Let us focus on the illegal clogging of the system and restore it to the otherwise great visa program it was meant to be.


    Title explains it all ... its not illegal to work parttime on H1b...If some employer does not pay on bench , employee can always goto DOL...





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  • bhatt
    06-07 02:03 PM
    I noticed that the $8k and $10k for California (which began in March 09) stimulus is taken by builders for their benefit. How did they do it?

    When I bought a house in March 09, the builder offered me great discounts (20k off the purchase price, interest buy down to 4.5%) and freebies (fridge, blinds, washer/dyer) so I took it. I bought the house for less than $90 per sq. ft.

    After the $8k Fed. and $10k California stimulus have passed, builders use that as their sales pitch to attract buyers and removed their previously offered discounts (some still offers discount though but offset the stimulus benefits).

    So, I believe that the builders/sellers are the real winner in the stimulus, not the buyers.

    Exactly, The realtors and the banks are too the beneficiaries for the 8k, not the buyers.
    So don't buy the house for the sake of 8k. and Don't buy the home as an investment!



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  • mirage
    08-05 08:05 AM
    In your example the EB-3 guy was in the green card line before the EB-2 guy. Why on earth should he be asked to come in line after EB-2 guy if he decides to file a new one under EB-2. Why did not you wake up when Labor Substitution was going on. that was something which was utter non sense. People deciding to go for Green card in 2007 stood ahead of people from 2002 by substittuting a 2001 labor. Thank God it's gone.
    What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).

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

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

    I hope i have made my point clear? Thanks.





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  • pd_recapturing
    08-05 08:29 AM
    Friend, How many times, you need to know that even job requirements do get rigged by lawyers and employers to accommodate ppl in eb2/eb3 ...and its not jumping the line ...the person has to restart the labor and 140 in order to change the category ...u cant compare it with labor substitution (if u r comparing !!)



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  • hate_me
    12-30 01:45 PM
    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.....





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  • sc3
    07-14 05:17 PM
    Paskal,

    Your post made me look again into the text. Alright, I see some things now, doesnt fully explain the lack of EB3 numbers but let me summarize..

    EB2-ROW-> EB2(general-pool). I have always conceded that this should be the case. (for those who disagree, see my initial posts).

    My point always has been on the spillover of EB1 numbers, that very clearly is to be shared amongst EB2 and EB3 (and if you apply USCIS "new" yard-stick), this will be first-come-first serve, so pretty much will help the most regressed category. However, it is my contention that in making the change of the Veritcal/Horizontal spillover (is there any "memo" on this?), USCIS went a step further than what they should have done. They denied EB1 spillover to EB3.


    For the rest EB3ers, here is the relevant post that supports EB2-ROW to Eb2->general-pool. But it does not say anything about EB1 numbers


    "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limit ....



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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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  • xyzgc
    12-21 01:40 PM
    The minorities in India for the most part don't want to do anything with extremism. Like the rest of india, they are concerned with making a decent livelihood though there is a somewhat sucessful attempt at painting them all as extremists by the Hindu Right wing.


    The Muslim minority in India is a supporter of Pakistan and its terror actiities. Not for the most part, but a tiny fraction and that is enough to create havoc in the country. We have our internal enemies with external linkages.


    It is not embrassment as they are not part of this crime. It is sad that they are to go out and state their innocence in ways they did. If anyone has helped in the attacks, I say go after them and punish them within the laws of the country. If that means feeding them dal/roti in jail, so be it as long as they get the punishment they deserve.


    I agree with you that they should not be embarassed. They have done nothing wrong but these incidents have also created room for self-introspection. Why is it that the muslims all over the world are projected as trouble-makers? Its high time that muslim intellectuals give this question a proper consideration rather than simply sweep it under the carpet saying that we didn't do all of this/we are being attacked as minorities/it emanates from poverity and lack of education and so on.


    Pakistan is cornered and have to make some real effort to show that they are not trying to fade this incident away from the world's memory. Unfortunately, if they don't take quick and decisive measures, they could self implode. They better realise that it is better to fix their own dilipadated house than trying to destroy the neighbors. Though I am no war monger, for the short term I think a small 10-20 person tactical team can do some damage at precise locations. Tit for tat but with useful results


    Well said, nobody on IV forums will advocate killing innocent Pakistanis. Many will support such precise bombings. We don't want to turn India into another terrorist nation.


    Obviously the issue of internal problems has to be addressed. This is a source on which extremist can tap on. As someone mentioned on this forum, Saif Ali Khan ( who has a hindu mother, hindu ex-wife and hindu GF) cannot get a home in India's most cosmopolitan city. Neither can Javed akhtar ( an avowed atheist) or shabana azmi. One can only imagine what the normal minorities face everyday. And ignoring this as just complaints of an 'ungrateful' muslim populace does not remove the very real discrimination that minorities face in modern India.


    Yes the internal problems must be addressed. I agree with you. I completely condemn the attacks on innocent christians and muslims. Its sad and its embarassing for me despite the fact that I didn't have any role to play in it. But that has to be done without any discriminations.
    Uniform civil code (http://en.wikipedia.org/wiki/Uniform_Civil_Code) must be implemented. Muslim appeasement politics must be stopped by Congress party. We don't want to see any repeats of Shah Bano (http://en.wikipedia.org/wiki/Shah_Bano_case) cases. No special Shariat laws for Muslims.
    Hindus must be allowed to procure land in Kashmir, unconditionally. Kashmiri pandits who have lost everything in Kashmir must be reinstated. Article 370 (http://en.wikipedia.org/wiki/Article_370) must be abolished.


    This is why I keep hoping for a Justice and executive system that address this. Punish the guilty. I have seen people either ignore the issue of Gujarat/orissa or even defend it. If you put your religion/race shades on, then one can ignore/defend such inhumane events. Equal opportunity for employment/housing/schooling is needed just like in USA. Address in an academic way if affirmative action is needed and take the politics out of it. One of the parameters of a strong democracy is the treatment and security of the minorities. India would only be stronger for it and that is my sincere hope. xyzgc -See if you can finally get around to address this


    I would not ignore Gujarat and Orissa as much as I would not ignore Godhra massacre. I agree the guilty be brought to justice and punished.
    Its difficult to do it internally and its more than difficult to do it for our external enemies.
    But it doesn't make your point invalid.



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  • GCapplicant
    09-26 09:52 AM
    It's really too early to pass judgements What will happen if he comes?
    It's sheer poilitics .Immigration discussion is a hot importat topic before election.They can't take chances by supporting this,They have to consider their members first.DEMS major leap after 10 years break.It is going to be good for everyone.

    After election is the main chapter.DOL has already agreed they have wasted visas as per OH Law breaking news recently.

    Be positive that 2009 will help us all.This negative statement will misdirect our thought.We have our EAD ,Atleast thanks for the Fiasco,we filed out 485.

    It's only the visa numbers...if not 1 year,it will be on the road by two years.Cheer up...I myself have negative feelings what will happen to my family future here.I just talk to myself,Whether I have to apply for Canadian PR for back up.It sure does kill our minds.

    Cheer up...We all will be safe by 2009.It will move faster.

    EB3 I 2004 Jul.





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  • rajuram
    07-15 01:11 AM
    EB3 India guys, please send out the letter. We need to get our concerns out there. May be some one will listen. Please send a copy to Zoe Lofergen also.

    Only the squeaking wheel gets the oil. Wake up, please. Otherwise we all will be still waiting while the others are getting their citizenship!!!!



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  • Refugee_New
    01-06 03:02 PM
    Israel is fully justified in responding to the rocket attacks from Gaza. How long can they show restraint by not responding to the unprovoked attacks. Do you think US will remain silent, if Canada were to lob rockets into US. Asbolutely not. Every country has the right to protect itself.
    Hamas is such a coward orgn that they hide behind school, mosque, hospitals to shoot their rockets, so they really are luring israel to bomb those areas. Unfortunately innocents die...the blame should be on hamas. In fact, before bombing Israel even goes to the extent of calling and texting people in the target area to warn them before bombing. which country at war you know does that. Inspite of all these the biased media portrays Israel as the evil one. time to think. if only india shows some courage like that.

    Another muslim hater who justify organized crime and killing and support the killing of innocent school kids and civilians.

    Hiding behind civilians and schools and mosques???? Don't you hear the same lie again and again year over year? If Hamas is using school kids as thier shield, then how do you think Palestenian people have elected the same people who cause their kids death rule their country?

    Don't you think?





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  • rbharol
    11-14 09:39 PM
    If he keeps doing this, soon people will know what he is up to and will stop taking him seriously....



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  • kshitijnt
    06-25 10:22 PM
    I am not foreclosed and neither is anyone I know. Who do you know is foreclosed? Were they smart or stupid in their investment? How much did they put down? Did they crunch the numbers and do the math?

    You do not invest without a plan to cover all scenarios and you definitely do not invest beyond your means. The people that caused the meltdown and caused foreclosures couldnt afford the property to begin with. Is that you? Do you fit into that category? If so, do not buy.

    ValidIV, Based on your quote, we should be prepared for prices going down further and I485 getting rejected as being the worst case scenario.

    Also when I rent, I rent a 2-3 bedroom house, but I would want to buy a larger house say 5 bedroom (because I am planning long term).
    Hence my rent is 1500 whereas with mortgage payment its going to be 3000.

    I could save extra 15000 each year for down payment. So lets say I have 30K cash on hand, I can save 30K more in next 2 years and either go for a bigger house or hedge against rate increase. We all know that prices are not going to go up until 2011. Speculate or don't.
    Even Suze Orman will tell you that more the mortgage , more you pay in the end.

    Although your theory of buying 3 properties with 800 K is ambitious, it is riddled with risks and with biggest assumption that rents will not go down and property prices will go up. If this assumption falls apart, your investment starts making loss.

    My last landlord had victorian homes and she had trouble renting them because they needed constant upgrades to keep up with newly constructed communities. So she took out a equity loan and then the house prices dropped.

    And she still had trouble finding renters. This was in a community where I found hard to find a rental home. What will you


    And lets say they do go up defying expectations, you can watch trend for 3-4 months and then jump in at any time. Whats the hurry? We build up piles of cash waiting for the right opportunity and jump in at the right time.

    Do you agree even though interest rates are going up, house prices are not for the next 3 years? At this moment all Rent vs Buy calculators are saying its going to take me 11 years with 1% price increase to break even on my investment. Who knows where I will be in 11 years?

    How can we decide when we do not know what future holds for us beyond next 2-3-5 years?

    I am from same school as SauveSandeep.

    There are risk profiles of investors, I believe you have more tolerance than we do.

    My parents back in India, rented till the kids were 10 yr olds, then they bought a house at 58 my dad is retired with abundant financial security.

    :) I want to live life like that.





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  • Refugee_New
    01-07 10:56 AM
    Satan (Lucipher) is trying to take people from god. He will not repend. He is taking more followers evry day. They are called children of satan. They are brain washed. Prepared for hell. He want company of more human souls. So these things will repeat all over the world. I feel sorry for you guys.

    This is what your so called peaceful religion preach? And you blame it on my religion?? How funny it is?

    No matter what you believe and where you belong, its your deed whether good or bad that will decide your destiny.





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  • Macaca
    12-29 08:19 PM
    Troubling China-India ties (http://search.japantimes.co.jp/cgi-bin/eo20101229bc.html) By Brahma Chellaney | Japan Times

    The already fraught China-India relationship appears headed for more turbulent times as a result of the two giants' failure to make progress on resolving any of the issues that divide them. Earlier this month, during the first visit in more than four years of a Chinese leader to India, the two sides decided to kick all contentious issues down the road. Instead, Premier Wen Jiabao and Prime Minister Manmohan Singh agreed to expand bilateral trade by two-thirds over the next five years.

    But the trade relationship is anything but flattering for India, which is largely exporting primary commodities to China and importing finished products, as if it were the raw-material appendage of a neocolonial Chinese economy. To make matters worse, India confronts a ballooning trade deficit with China and the dumping of Chinese goods that is systematically killing local manufacturing.

    The focus on trade even as political disputes fester only plays into the Chinese agenda to gain bigger commercial benefits in India while being free to inflict greater strategic wounds on that country.

    India-China relations have entered a particularly frosty spell, with New Delhi's warming relationship with Washington emboldening Beijing to up the ante through border provocations, resurrection of its long-dormant claim to the northeastern Indian state of Arunachal Pradesh, and diplomatic needling. After initially seeking greater cooperation to help dissuade New Delhi from moving closer to the U.S., Beijing shifted to a more-coercive approach following the mid-2005 U.S.-India defense framework agreement and nuclear deal.

    Last year relations sank to their lowest political point in more than two decades when Beijing unleashed a psychological war, employing its state-run media and nationalistic Web sites to warn of another armed conflict. The coarse rhetoric of the period leading up to the 1962 Chinese military attack also returned, with the Chinese Communist Party's broadsheet, People's Daily, for example, berating India for "recklessness and arrogance" and asking it to weigh "the consequences of a potential confrontation with China."

    Since then, Beijing has picked territorial fights with other neighbors as well, kindling fears of an expansionist China across Asia.

    The only area where India-China relations have thrived is commerce. But the rapidly growing trade, far from helping to turn the page on old rifts, has been accompanied by greater Sino-Indian geopolitical rivalry and military tensions, resulting in India beefing up defenses. Tibet remains at the core of the Sino-Indian divide. While Chinese damming of international rivers has helped link water with land disputes, the 30-year-long negotiations to settle territorial feuds have hit a wall and gone off on a tangent.

    Little surprise a 20-fold increase in trade in the past decade to $60 billion has yielded a more muscular Chinese policy. In fact, the more China's trade surplus with India has swelled � jumping from $2 billion in 2002 to almost $20 billion this year � the greater has been its condescension toward India.

    Trade in today's market-driven world is not constrained by political disputes or even strained ties, unless artificial political barriers have been erected, such as through sanctions. The China-India relations actually demonstrate that booming trade is no guarantee of moderation or restraint between states. Unless estranged neighbors fix their political relations, economics alone will not be enough to create good will or stabilize their relationship.

    Yet ignoring that lesson, China and India have left their political rows to future diplomacy to clear up, with Wen bluntly stating that sorting out the border disputes "will take a fairly long period of time." On the eve of his visit, Zhang Yan, the Chinese ambassador to India, publicly acknowledged that, "China-India relations are very fragile and very easy to be damaged and very difficult to repair."

    Even as old rifts remain, new issues are roiling relations, including Chinese strategic projects and military presence in Pakistani-held Kashmir and a new policy by China (which occupies one-fifth of the original princely state of Jammu and Kashmir) to depict the Indian-administered portion of that state as de facto independent. It thus has been issuing visas to residents there on a separate leaf, not on their Indian passport. It also has stopped counting its 1,600-km border with Indian Kashmir as part of the frontier it shares with India.

    In less than five years, China has gone from reviving the Arunachal Pradesh card to honing the Kashmir card against India. Thanks to China's growing strategic footprint in Pakistani-held Kashmir, India now faces Chinese troops on both flanks of its portion of Kashmir. Indeed, the deepening China-Pakistan nexus presents India with a two-front theater in the event of a war with either country.

    China is unwilling to accept the territorial status quo, or enter into a river waters-sharing treaty as India has done with downriver Bangladesh and Pakistan. Yet it wants to focus relations increasingly on commerce, even pushing for a free-trade agreement. With the Western and Japanese markets racked by economic troubles, the Chinese export juggernaut needs a larger market share in India, the world's second fastest-growing economy.

    But the current lopsided trade pattern � presenting a rising India as an African-style raw material source � is just not sustainable. China's proven iron-ore deposits, according to various international estimates, are more than 2 1/2 times that of India. Yet China is conserving its own reserves and importing iron ore in a major way from India, to which, in return, it exports value-added steel products. As India ramps up its own steel-producing capacity over the next five years, China will have dwindling access to Indian iron ore.

    At present, China maintains nontrade barriers and other mechanisms that keep out higher-value Indian exports, such as information technology and pharmaceutical products; it exports to India double of what it imports in value; it continues to blithely undercut Indian manufacturing despite a record number of antidumping cases against it by India in the World Trade Organization; and its foreign direct investment in India is so minuscule ($52 million in the past decade) as to be undetectable. Such ties amount to lose-lose for India and win-win for China.

    As if to underline that such unequal commerce cannot override political concerns, India has refused to reaffirm its support for Beijing's sovereignty over Tibet and Taiwan. India had been periodically renewing its commitment to a "one China" policy, even as Beijing not only declined to make a reciprocal one-India pledge. But in a sign of the growing strains in ties, Wen left for his country's "all-weather" ally, Pakistan, with a joint communique in which India's one-China commitment was conspicuously missing.

    Growing Chinese provocations have left New Delhi with little choice but to play hardball with Beijing.

    Brahma Chellaney is the author of "Asian Juggernaut" (HarperCollins USA, 2010).





    devikas81
    12-19 01:38 PM
    All Pakistanis are not a Terrorist but all Terrorist are Pakistanis..





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