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  • sc3
    08-05 06:48 PM
    Here we go again. EB2 is fraud, they are all really EB3, but guess what? All the bright EB3s are really EB2, they are all suffering needlesly. Right?

    Here's my take (I don't even believe it but I think you deserve to hear it)- I think EB3s like you are the real frauds. If immigration law were followed to the T, plenty of EB3s would never get a GC. So many Americans with basic skills that can do silly coding - hell a monkey can do it. So enjoy what you have.

    How did you like the sound of that pal? If it felt wrong and offensive, then first shut your own gob and stop posting crap about "most EB2s".

    Just fyi I have been here loger than you- by quite a lot. So if that's the qualification, I have "seen" a lot too.

    I dont know whom you are responding to but...

    So Eb2 does not do silly coding??!!. Get a reality check. The jobs that Eb3 and EB2 does are pretty much the same. The same monkey can do the jobs of EB2 too, so I fail to see you point.

    Also, the law does not just state that there are no qualified -- there is also a willing clause. There might be Americans who can do the job, but such Americans may not want to relocate etc.


    Over the lot of arguments I have seen Eb2 claiming to be superior, please disabuse yourselves of it. I am Eb3, but I lord over Eb2, and the same EB2s lord over me depending on particular expertise and problem that is being solved, that is business. No, I am not talking about telling EB2s how to switch on their computers. I am talking about hardcore technical issues.




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  • sledge_hammer
    03-24 02:42 PM
    ganguteli:

    Don't get me wrong, I feel you!

    But, simply saying that the law took a long time to catch up hence we should be let to continue exploiting the loopholes will not get us too far. And I think this is what you are asking for.

    We are here because USCIS allowed us to come here. We (employees, employers, immigration lawyers) should have done our due diligence in doing everything possible to protect ourselves against possible/potential audits and queries. Someone should have warned us that there is actually a difference between "temp job" and "full-time job" (EDITED: for GC requirements) like 20 years ago when this consulting business started. The very same people who did not warn us should actually have told us that LCA location is not to be taken lightly, that benching is not okay. All of these did not even occur to us when we enjoyed our lives in this nation.

    Yes, USCIS is awake all of a sudden. They are enforcing rules all of a sudden. They are scrutinizing our application all of a sudden. Is that illegal for them to do it? NO. Can something be done to stop them? Certainly NOT. What could we have done to avoid getting into the soup? Should have seen this coming!!!!!!!!

    Unitednations,
    I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.

    - Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?

    - If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.

    - Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?

    - If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?

    - Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?

    - Why can't they ban DV lottery? But go after H1Bs.

    - Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.

    The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .




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  • ssa
    07-13 10:59 PM
    I agree. It would be 100 times easier to re-file under EB2 and port your PD individually than to get USCIS/DOL to change their rules (howsoever they choose to interpret it). Just see what % of our previous campaigns were successful in the past in spite of all our efforts...

    On a related note, after reading this long thread I couldn't help but wish all other IV campaigns (admin fixes, fund raising, house bills) could arouse such passion and involvement from IV members. Now, I'm NOT saying any particular category (EB2 vs Eb3) volunteers more than the other - its just matter of individual initiative, period - but it seems somehow our collective psyche is at ease as long as we all are stuck in the rut as a whole. Efforts to get ALL of us out of this mess do not fire up this much passion..




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  • dartkid31
    05-24 01:58 PM
    That's censorship. Go ahead and good luck with your mentality. It seems you can't handle the truth and views that could give you better information to handle debates and put more intelligent requests ahead.

    Go and learn something, learning01. Just stop reading the posts on this thread and stop posting here if you don't like. It is awful when people tries to take a censorship in open forums.

    I've said this before: I usually dont like casting aspersions, but take a look at a lot of Communique's posts. Some look like they were copied and pasted word for word from the NumbersUsa or FAIR site. And now he's defending Lou Dobbs. Using terms like "mass migration" "unchecked immigration", etc. He claims to be an H1B, and he's trolling Lou Dobbs. I think most people on this site can see through the facade.



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  • alisa
    12-30 12:31 AM
    So what should India do?

    Not go to war overtly now. Start covert operations inside Pakistan on war footing and start funding and support for Balochi, Sindi, Mohajir, Pushtun, Baltistan freedom movements inside Pakistan.

    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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  • indianindian2006
    08-02 02:21 PM
    United Nations,
    I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
    Please answer on simple question for me....
    What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.



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  • xyzgc
    12-27 12:00 AM
    In modern times, wars between nations are not started in days or weeks. Wars are not based on one event. There is a systematic three stage process to go to war and for a nation to convince the majority of the society/nation that the other guy is pure evil and your mortal enemy. Society in Pakistan is based on their haterade towards Indians. For many years children in Pakistan were taught that Indians are evil, their belief system is barbaric, and their existence means that Islam is in danger. That was the reason some of us saw posts on this forum talking about sati system in Hinduism or some others Pakistanis saying that Hindus are attacking Muslims in India, and then other Pakistanis talking about Modi, VHP and Bajrang Dal. The first step for creating a war involves propaganda within the population of the country that your enemy is evil. Pakistan has been doing this preparation very systematically for sometime.

    Second stage to go to war involves finding a reason after the decision has been made to go to war. In this stage, one has to come up with a reason and then waits for the trigger to create the reason to go to war.

    The third and final stage to go to war involves invoking the trigger, which will create a flash point for the war, and so the war begins. Mumabi was that trigger.

    The reason why I am saying this is, because someone wrote on this form "don't be a war monger". You see, we are not creating a war. The war is being forced on us. To defend oneself is not "war mongering". Our willingness to live in peace and harmony should not become our weakness such that someone openly and deliberately attacks the population of our country. I do not hold any false sense of myth of nationalism hosting the flag. But when war is forced upon us, there is no way we can run away from it.

    For a moment, just imagine, what would have happened if Mumbai attacks were done in China as "Beijing attack", or if Pakistani terrorists would have attacked Iran and they were "Tehran attack" or for that matter an attack on any country in Europe or say US. How will any other country China, Iran, UK, US, France, Germany, and score of other, how will these countries respond to the attacks like Mumbai attack? There is only one way to reply to such attacks. Respond swiftly and with full force. Personally, I believe that 30 days is too late to respond. I believe that response has to come before the ashes of the dead is still hot. Otherwise, justice hasn't served, because justice delayed is justice denied.

    If the war begins, this will be my last post.

    Adios



    As usual, well-said, we are not war mongering. we are not hate mongers.
    I have very similar thoughts but I could not have articulated it so well.

    Respond swiftly and finish it off because people like you and me get a chance to react and think too much.

    Too much thinking, weighing too many pros and cons creates confusion. When you are confused, you don't act. When you don't act, a fresh wave of terrorist attacks comes in. Terrorists are everywhere - temples, hotels, buses, trains - even your senate (parliament). Then you catch some terrorists .

    Ok, so you caught the one that attacked your parliament. There is a clear evidence, yet the questions remain.
    Should I hang them or should I not hang them?
    If I hang them, will they be martyrs? So what should I do with them? Should I feed them dal chawal or should I feel them dal roti? Ok, now Mufti's daughter is kidnapped, so should I release them, should I not release them?

    You still keep scratching your head. What should I do? Should I do this or should I do that? Pakistan is a nuclear power. Gilani keeps chanting that like mantra, what if there is nuclear war? What if it destabilizes the country further? why not let Pakistan die its own death - its a failed state (no sir, it may be a failed state but there are managing to get all the aid in the world, China is helping them, America is helping them, IMF is helping them, Asia Bank is helping them..they are not going to die anytime, they are walking away scot-free but they are slowly killing you, eating your house like termites - wake up and realize that!!)

    If you have roaches in your house or you have vermin in your farms, do you keep thinking what you should do about them? Exterminate them. Does it mean the roaches will go away? Probably not. But you do your job first and raise questions later. If they come in, you kill them again. you do your job and keep doing it.

    Just my opinion.




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  • logiclife
    11-21 05:44 PM
    Lou Dobbs gets his ratings based on how much angry he can get people.

    Same goes for Rush Limbaugh and Bill O'Reilly.

    The easiest way to get good ratings and viewership of your program on radio or TV, if you dont have substance and if you dont want to work hard, is to make people angry.

    Angry listeners are regular listeners and motivated listeners. Also, a lot more emotional and a lot less objective.

    They all know they are talking garbage. Take Bill O'Reilly's "War on Christmas" for example. Does it really matter if walmart hangs a sign that says "Happy Holidays" instead of "Merry Christmas". Does it feed the hungry homeless people? Does to stop Genocide in Darfur. NO.

    But it can make some people angry, which gets good ratings and 90% of broadcast media are ratings pimps. All they care about is viewership and ratings and they dont themselves believe in the nonsense they utter into the microphones.



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  • Administrator2
    01-08 03:56 PM
    I just copied and pasted the coward Refugee_New's msg to me. I'll be careful about 'quoting others' also!

    Did you consider banning him?


    CreatedToday,

    We have not considered banning you or anyone else. Refugee_New has apologized for sending unfriendly messages.

    We work hard to keep the forums civil, without any use of abusive language. We need your help to achieve this goal before we are successful with the bigger challenges ahead of us in 2009.

    Thank you for your participation in the community effort.

    Administrator2




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  • shensh
    04-09 01:33 PM
    Chill out pal, please 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. :-)

    Quote:
    pete
    --------------------------------------------------------------------------------

    EVERYBODY wants those doing Ms and PhD in certain disciplines to stay. They do no harm AT ALL and actually are an asset.

    Consultants need to be curtailed.



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  • ohpdfeb2003
    06-27 01:35 PM
    Right, you pay for what you called "service", which is what your landlord is providing. And you pay him to let you stay in his house, which means YOU my friend are paying more than 80% of HIS mortgage. At the end of his mortgage, all his tenants would have collectively chipped in to pay more than 80% of HIS mortage and he has a house at the end of it all. What do YOU have? Zero, zilch, nada!

    No true in most cases espcially where housing is not affordable, is there a rule anywhere that tenants have to chip in 80%. There are several foolish housing investors, that I know of right now who arent even making 50% of their mortgage.

    If landlords are doing so well then who are the people undergoing foreclousures and bankruptices that we hear about :D

    Historically over a 30 year period, housing doesnt even return inflation adjusted value of money.

    What does a renter have in the end? He had the diversified returns from the downpayment money he has invested else where and difference between rent and mortgage compounded every month.

    Money paid as interest is the "service" cost of the money being loaned to you. You are paying so that you can live in the house you did NOT pay full cash for.

    My interest in a year is 2 times more than the standard deduction. I don't have a business yet, but when I start one, I'm going to have more deductions. Do the math!

    not forever, only the first few years. you will have to revert to standard deduction, that samething that renter's get years down the line.

    Right goahead and deduct your business expense from your personal tax return, IRS will pay you a visit:p




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  • delax
    07-14 09:35 AM
    Well, why is there 33% quota for EB1,2 and 3 in the first place. They could have very well made it 100% for Eb1 and if there was any spill over, EB2 gets them and then finally EB3! Because, US needs people from all categories.

    Now all that I am saying is there should be some % on the spill over that comes from EB1.

    If there are 300,000 applicants in EB2 and if the spill over from EB1 is 30K every year, you think it is fair that EB2 gets that for over 6-7 years without EB3 getting anything? That is not fair and if that's what the law says, it has to be revisited. I am saying give 75% or even 90% to EB2 and make sure you clear EB3 with PD as old 2001 and 2002. That is being human. They deserve a GC as much as an EB2 with 2007 (and I am not saying that EB3 2007 deserves as much as an EB2 2007).

    Bottom line, EB3 (or for that matter any category) can't be asked to wait endlessly just because there are some smart kids in another queue! We can come up with a better format of the letter; we can change our strategy to address this issue; we do not have to talk about EB2 and mention only our problems. We want EB3 queue to move.

    Actually its 28.6% of the worlwide total for each category, but I'll ignore your ignorance about that. Remember that once a country retrogresses, there is a specific ORDER laid down by law on how to allocate visa numbers. It is only after the higher reservoir is full that visa numbers flow to the lower reservoir. If you are asking to fill both reserviors partially then what answer do you have to the EB2 candidate who did not get a visa number because an EB3 either ROW or from a retro country was allocated that number purely based on the length of wait.

    Please understand that Law in general and immigration law in particular is about DUE PROCESS and DUE NOTICE. This flies in the face of both. Your argument is completely invalid for an EB-2 cadidate who did not get the visa number because of your 'fairness' rule.

    If you sow the wind you'll reap the whirlwind!



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  • michelle88
    07-13 02:15 PM
    the better way is to mention: 1) eb3 with earlier PD (before the end of 2005), the prevailing wage category was set higher, i.e, salary $60K fell in eb3 in 2004 but could be in eb2 in 2006. 2) LC based eb3 should be processed before perm based eb2, as the processing time for this step should be weighted to be evaluated in a bit fair way.


    Very good point by alterego.
    This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
    How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
    As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
    If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
    This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.




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  • obviously
    08-05 08:59 AM
    Rolling Flood,

    Clearly, you are a NumberUSA person trying to provoke deep rifts amongst a highly skilled workforce that succeeded in getting HR 5882 out there. Your game is up. Look, no one is claiming porting / interfiling is due to 'length of time'. Each application, under each category, is for a DIFFERENT job. Now, obviously, when you gain experience in one job, you become MORE ELIGIBLE for another job, typically at a more senior level. With that, comes a higher income and higher TAXES back to the USA. So, it is likely that EB3 applicants might have started in one job, gained 5 or 6 years experience, a Masters degree and a few certifications etc., and then become attractive candidates for jobs that require a Masters degree ... hence being eligible for an EB2 filing. The folks reviewing EB applications didnt start yesterday and are not wet behind their ears. EB3's that interfile to EB2's have to, LIKE ANYONE ELSE, show the merits of the EB2 application BY ITSELF. There is no notion of 'imagined eligibility'. If that hypothesis were true, how do we know that you did not suffer from a case of 'imagined eligibility' yourself??!!

    Your perverted logic that people are using interfiling on the premise of 'waiting time in EB3 queues' is a fallacy without legal merit. It is a classic case of riding the ladder of inference and using your own conclusions to make up supporting-evidence, to the contrary of reality and law.

    Now, if you think you can snake in a controversy through a law suit, only to protect your inflated sense of protectionism, keep in mind, that your target is the EB2 category itself, not the interfiling process. That latter is a provision of law. I presume that you are in EB2 yourself. Be prepared for unintended consequences because USCIS could very well freeze ALL EB2's INCLUDING YOURS! Might seem a far stretch, but realistically, anytime a court sees 'merit' in challenging an established system, ALL come under purview. How can your case be assumed to be 'innocent' while everyone else that you are against be 'guilty'? How do we know that YOUR EB2 filing was not based on 'assumed eligibility'?

    There are numerous cases of people going to court seeking 'justice' only to find themselves very quickly standing 'on the other side'... trying to get out of a self inflicted mess.

    Obviously, you have issues that run deeper than discontentment with US legal immigration process. Get yourself some help. Seriously.

    I challenge you to disclose
    YOUR REAL NAME
    YOUR CASE NUMBER
    YOUR EMPLOYER'S NAME
    YOUR EB2 JOB DESCRIPTION
    so that the larger community can find out if there really is no eligible US person to take that job. Seriously. Want to play that game? I can give you a 100% guarantee, that you would rather fight a 'shadow cause' being the coward you are ... and wont hold yourself up to the kind of scrutiny that you wish to hold others to.



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  • mbawa2574
    05-28 08:21 AM
    I think Indian Governernment should report this to WTO. America is creating conditions that are discriminatory and not business friendly. India should start cutting wings of American Companies selling goods in India. IT is our product and in case US people have problems with IT professionals from outside, they don't have any right to sell the goods to my people.




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  • dealsnet
    01-06 08:29 PM
    Israel is doing this for their safty. They are a soverign country and attacking the terrorist. Hamas don't want cease fire, then why they expect mercy. If they don't want to stop the war, then why other people raise their voice. Mind your business.
    They are not occupy any body's land. They live there from thousand of years, which God given to them. When they not recognize the saviour and cruxified, God's wrath fall upon them and they are disperesed. But to fulfil the Holy Bible prophesy, they regain the land and living there. No force in earth to distroy them. They are surrounded by hostile nations. Still they are surviving.
    These Arabs during and after the time of Mohammed tried to conquer the lands, and they occupy the land of Jews. They occupy the Constanople, where the biggest church situated, and they anexed to ottaman empire, now Turkey. They slaughtered everybody in that city. They did it in Syria, Egypt in AD1100. They distroy their culture, language etc. They cut the tongue, if anybody speaks the local language Syric in Syria and Coptic in Egypt. You can ask the minority people from these countries or read history. Barbarian Arabs conqured Indian subcontinent and convert the people by force. So Islam is not a religion of peace. It started with violence and end with violence. Every religion, religous people will be pious, but in Islam, they become terrorist. Satan is controlling these people. Sorry to say that. But it is true. In the last days, God punish these evil people. May all wiped out.

    See this web site for more detailshttp://www.faithfreedom.org/Articles.htm



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  • english_august
    11-12 08:25 AM
    rheoretro Surely there is a distinction between illegal immigrants and Latinos (though I am not sure how thick is the line) but I did say that we cannot have even a whiff of support for illegal immigration be it from any country, including India.

    It is unfortunate that the legal reform package cannot be passed without the CIR and one of the reasons behind that is the tendency of pro-immigration groups to paint both forms of immigration with the same brush.

    A few days ago, I received an email from SAALT (South Asian American Leaders of Tomorrow), urging me to lend support to stop passing the anti-immigration bill. Their logic was that there are millions of illegal Indian immigrants as well so we should support them. When I countered them saying that essentially you are asking us to support something based on whether they are "our crooks or not" and not on the basis of whether it is right or wrong, their reply essentially was that we know this better than you so just listen to our argument and support us.

    Bottom line? Illegal immigration in any form is not acceptable.




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

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

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

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


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




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  • Munna Bhai
    07-08 07:47 PM
    Hi,
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.

    What made them to ask paystub for during 2000 and 2001?




    ita
    07-14 11:24 AM
    Wll support campaign for EB3 . Please let this happen.
    Appreciate all the comments on how the initiative(s) won't work. But at the same time if they can in some way suggest what will work that will be great.
    I'm sure not doing anything will be not be a right thing .
    I do agree we have to make noice. Let's work on how to make effective noise.
    My thoughts are running on Letter/Call campaigns.
    Don't know anything about what should be done effectively.Else I would be posting it here.
    But for sure I'll support initiative(s) for EB3-I.

    Thank you.




    Macaca
    03-19 01:23 PM
    Lobbying in a Web World (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/18/AR2007031801138.html)

    Speaking of doing better on the Hill, sign up now for the U.S. Chamber of Commerce's April 3 lobbying workshop: "Getting Heard on Capitol Hill." It's part of a four-workshop series, "Winning in a Web World; Online Strategies for Grass-Roots Advocacy." (If you don't yet have grass roots, you can find out how to create them. )

    The three panels on April 3 include one about using the Internet and another on "activating the grass roots." There's also a Q&A session on how lobbying reforms and new Federal Election Commission laws might affect your online efforts.

    This being the Chamber of Commerce, the panelists are weighted toward the conservative end: former Bush aide Tucker Eskew, who had the spectacular title of White House director of global communications, and Stephen Hoersting, former general counsel at the National Republican Senatorial Committee. But there's also Winnie Stachelberg, former political director of the Human Rights Campaign who's now at the Center for American Progress, and some media folks and academics.



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