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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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  • sledge_hammer
    03-24 07:54 AM
    Thanks for your insight. Its about time most of us here understand not to take immigration rules lightly, and I've been preaching this for the longest time already!

    People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.

    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.

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  • lfwf
    08-06 03:45 PM
    According to you A acquires skills over a period of time and so does a person who went for higher education and is EB2. You also say that if there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position.

    At this point both of us agree that A and B are equal, right?

    If they both are EQUAL, then can you guarantee that both PDs will move at the same rate?. If A�s PD becomes unavailable and B�s become current. B will get GC faster than A even though both were equal (from your logic). Is this fair, then?

    No one can guarantee that. and that is the whole concept of "preference categories" . So now its ok for A to jump to EB2 and leapfrog everyone with his/her 2002 PD? Does 5 years of work have that much value? He/She would be ahead of 2003 EB2 filers that may have been working on degrees since 1999. That's ok by you? The faster movement of EB2 makes up for the years of education. I say, by all means BS+5 shoudl file EB2, I just don't agree with the porting. That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)

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  • saileshdude
    08-05 07:49 AM
    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.

    I originally filed in EB2 but yet I do not support this idea. I think EB3 people if possible should deserve a chance to file in EB2 if they are eligible. Also porting helps you (original EB2 guys) in another way. Suppose for some stupid reason, you have to restart your GC process, wouldn't you want to be able to port your earlier PD? Don't be selfish man.


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  • xyzgc
    12-22 09:43 PM
    Its a known tendency of hindu groups of radicalizing muslims, so much so that Jinnah took into consideration and formed pakistan.

    Still the hindus will target an abominal act of 11 people and make a community of muslims, a country victim of their acts.

    Yet, even if a hindu preaches infanticide of girls, he is not terrorist, a hindu scripture preaching burning alive of widows is not terrorist doctrine, a mythical god preaching murder of low caste for chanting holy rhymes is not a terrorist! Hail Ram!

    India could fight british militantly under Subhash Chandra, and under Gandhi, and that is fight for freedom, yet Palestinians fighting for free country is terrorism! Will the Aryans return the land to Dravidians now?

    Pakistan attacking India, by sending in infiltrators is terrorism. Its not freedom fighting because they already obtained their freedom, without even fighting for it.

    If there are border disputes, let uniformed soldiers fight wars accordingly to the rules of war. Terrorism is cowardly and despicable because it targets innocent people from another country. War is between armed forces. Targeting innocent people is terrorism.

    Burning widows alive is a practice which Hindus themselves worked hard to put an end to.
    Infanticide happens among muslims too, look at the way they treat their own women and produce dozens of children. The islamic laws make women virtual slaves of men.
    We should work for putting an end to this. These are bad practices carried out in the name of religion against members of the same religion. It is not cross-border terrorism.

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  • Marphad
    01-09 01:00 PM
    Read this: especially para with title: Land grievance against Indian Muslims


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  • insbaby
    03-23 12:20 AM
    If you want to buy a home after you get your green card, mostly you will get after your retirement.

    I don't want to feel "my home" when I am 68 and after my kids are out on their own. So I decided, dump the H1B, H4, 485, 131, 761, 797, 999, 888, I94, EAD, AP... AAD, CCD etc crap in trash, and bought the home.

    I am happy. Even if I am asked to leave the country tomorrow, I just lock the door, throw the keys in trash and take off.

    Who cares when life matters.

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  • unitednations
    08-02 11:57 AM
    I am on H1 since 1999 with same employer except for a long interval of 16 months. I filed my labor in April 2001 (assuming 245(i) will cover me). I was not on payroll during Aug 03 to Dec 04. So my W2 for 2003 is 33% less than LCA and no W2 for 2004. I last entered US in Sept. 03
    I filed my I-485 in June 07. I-140 was approved under PP.
    My question is that what are my chances of being approved?
    Also is there anything I can do now to rectify it?
    I have no issues with the employer. He is willing to help me out in any way.
    Thanks a lot

    As long as you hadn't overstayed i-94 card by more then six months before you left and re-entered then you still have 245i protection in case uscis should dig further. Just pay the $1,000 penalty when they ask and you will get approved.


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  • Macaca
    01-30 06:48 PM
    The article Round 2: H-1B Battle: American engineers vs. President Bush (! has the following paras.

    Lou Dobbs exposed a complete lack of enforcement of H-1B caps by the federal government for the last 2 years. According to the USCIS report, over 75,000 additional H-1B visas were issued above the cap during 2004 and 2005. He openly challenged Congressmen, Senators and the President to enforce our laws. He posed the questions:

    1) Why was the report released on November 20th, 2006, immediately after the last election?

    2) Why was his report not made available to the public?

    3) Why aren�t guest worker Visa caps being enforced?

    4) Why does neither Congress nor the executive branch fulfill their constitutional duties?

    These good questions lead to the bigger question of who is responsible for enforcing these laws?

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  • unitednations
    03-24 11:55 AM
    Can you please elaborate?

    I may be understanding this incorrectly, but are they denying our right to be represented by a lawyer?

    No; I am saying I am suspicious of original poster because when in local USCIS offices they swear you in that you are going to tell the truth and if you don't have a lawyer with you then they make you sign a statement that you are self representing yourself at the itnerview.

    Because of these formalities; I have my doubts with a Phone call received from the local office and asking for documnets, questions on some very substantive matters without going through the formalities that local uscis office is supposed to do.

    - I went to two local uscis office interviews; so I am pretty versed in their procedure.


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  • Refugee_New
    01-06 12:38 PM
    Israeli shelling kills more than 40 at UN school in Gaza.

    More killing while the world watches silently.

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  • whoever
    04-07 06:51 PM
    yeah i think so it wont get through because i will tell you currently i work as a consultant for a very big company, fortune 500 company and they even work on projects for US govt. what does it make them -- not consulting company? they cant be prohibited from hiring ppl on H1 or hiring consultants on H1? the bill wont see the light of the day -- i am sure.


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  • krishna
    02-21 12:57 PM
    I am pretty sure he has figured out that he will not last in Congress. Hence he has chosen the route of being a TV show host and wants to try and influence policy in washington thro' his rants. He is nothing but a grumpy old man who vents his frustration on immigrants through his rants on TV. It is always good to know how people like him think and can try to influence policy but we should tune him out because what he says is irrelevant.

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  • SunnySurya
    08-05 10:55 AM
    Just fyi Rolling Flood and me are two different persons but must say your logic is compelling.
    To me the whole system is unfair. Brilliant guys like you , who are authority in their field suffers, where as small timers who came here through a body shop get themselves in EB2 category because of twisted rules and laws get the most coveted green card much earlier than you.
    All these are frustating.

    Fighting system is one thing and protecting what is with in the reach is other.

    Rolling_Flood, great idea to benefit just U'r own GC cause. If you are positive about U'r logic why don't you go ahead and file a lawsuit. Looks like your true intention of creating this thread is to create a divide among IV members. Already members had a tough few weeks (in terms of unity) after the Aug bulletin. Now you are poking another rift.

    The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??

    If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example

    Senior Programmer (say Bachelor's with 5 yrs exp)

    Files under EB1 : because he/she came L1, qualification might be few yrs exp.
    Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
    Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).

    The above example shows that if U'r company and attorney is smart U can get U'r GC faster.

    If you are keen on doing a lawsuit why not
    File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
    Or file one against DOL for taking n number of years to get the LC done.
    Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.


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  • nogc_noproblem
    08-05 02:29 PM
    A couple drove down a country road for several miles, not saying a word.

    An earlier discussion had led to an argument and neither of them wanted to concede their position. As they passed a barnyard of mules, goats, and pigs, the husband asked sarcastically, "Relatives of yours?"

    "Yep," the wife replied, "in-laws."

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  • addsf345
    12-18 05:06 PM
    Originally Posted by razis123
    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.

    by your explanation, what should hindus in india do? they were attacked, temples destroyed, forcefully converted, killed, lost land to islamic republics like pakistand and bangladesh??? Please read this on wikipedia...Thankfully not whole world thinks like you do.

    An estimate of the number of people killed, based on the Muslim chronicles and demographic calculations, was done by K.S. Lal in his book Growth of Muslim Population in Medieval India, who claimed that between 1000 CE and 1500 CE, the population of Hindus decreased by 80 million. His work has come under criticism by historians such as Simon Digby (School of Oriental and African Studies) and the Marxist historian Irfan Habib for its agenda and lack of accurate data in pre-census times. Lal has responded to these criticisms in later works. Historians such as Will Durant contend that Islam spread through violence.[5][6] Sir Jadunath Sarkar contends that that several Muslim invaders were waging a systematic jihad against Hindus in India to the effect that "Every device short of massacre in cold blood was resorted to in order to convert heathen subjects."[7] In particular the records kept by al-Utbi, Mahmud al-Ghazni's secretary, in the Tarikh-i-Yamini document several episodes of bloody military campaigns.[citation needed] Hindus who converted to Islam however were not completely immune to persecution due to the Caste system among South Asian Muslims in India established by Ziauddin al-Barani in the Fatawa-i Jahandari.[8], where they were regarded as an "Ajlaf" caste and subjected to discrimination by the "Ashraf" castes[9].


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  • kumar1
    08-06 02:09 PM
    Idiot gave me red too!

    Dude - If you have issues, then fight for 50,000 Green Cards that USA gives away every year through a lottery. Why Indians are not eligible for that? Do you know that more than 80% of green cards are given based on family relations? They get green card just because their relative is a US citizen? Is it fair? Why an Indian/Chinesse graduate from Stanford should wait 6-10 years where someone is getting green card because his distant uncle (They do not remember when they met last time) is a naturalized US citizen? Even worse, fight against those scams where a non immigrant marries a US citizen for just getting green cards. Flight for those who have seen Backlog Reduction/Elimination days.....

    Out of all these causes, you got EB2/EB3 interfile cause? Shame on you! Please stop saying that you are from IIT. I have done B Tech from IIT and I do not remember that system producing garbage like you!

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  • xyzgc
    12-31 12:55 PM
    For folks who are not advocating war and instead recommend improving internal security only - India has too many porous borders, it won't stop the terrorists from coming in, one reason is because they haven't left, they are still at large in India. They have simply disappeared within the country.

    Internal security needs great improvements but even there our administration is not taking many active steps.

    Cracking down on these terrorists like Lashkar will generate counter terror and will slow the terrorists down. Whether this is done using open air-strikes or via covert operations is a matter best decided by our defence think tank.

    If India chooses not to react at all today, there will be another terrorist bombing tomorrow. One day, we will be forced to react, we cannot escape from the realities.

    Pakistan is a big joke anyways without an industrial backbone, living off aids and dancing like a puppet to its American master because aid always comes with strings attached to it.
    China has surpassed everyone, India has created a place but Pakis are far behind.
    But that is not the reason a thread like this is alive or threads like these keep cropping up, we don't want to worry about Pakistan, we just want to foil the next terrorist attack.

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  • paskal
    07-14 05:37 PM
    Thanks. I will look into it further when I get a chance. the number of GC granted in a year is complicated- and for the moment I speak offhand so correct me if needed. Till 2005, the recapture clouded the numbers. After that EB3 benefited from a Schedule A recapture that went almost entirely to EB3, a lot to EB3 Philipenes and a good chunk to EB3 India.

    AFAIK last year though, once that was ll over and vertical spillover was implemented, EB2/EB3 Inid should both have got only the strict country quota mandated GC numbers.

    Anway- offhand as I said...gotto rum.


    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 ....

    07-13 03:30 PM
    Last year's flower campaign was very successful. It created positive vibes for us all around. The reason for the campaign's success was it's novelty, non-confrontational approach and it's appeal to the sense of justice of the people that mattered.

    With the EB3-I situation as it is, we definitely need to start a new and similar collective initiative as has been discussed in this thread. It is been generally agreed that the format of our initiative would be a letter, contact, and action based effort.

    Not to be preaching to EB3-I-inans, but most of us are truly in a trance where we refuse the possibility of not getting a Green Card, at least when it is meaningful. To many of us this possibility is such a catastrophic event, that sub consciously we have not even provisioned for it. In the euphoria of EB2-I advancement, we forget that the relief is most likely temporary, and we go back to square one in OCT 2008. I think everybody who is still in immigration process, should take a part in this effort. For those who are already ashore, would be a nice gesture if you too lend a hand. On a personal level, I am glad that I am waking up from my laziness and apathy to do something on my own and not wait on others to do it for me.


    I want to use this post to outline a first cut for two things --
    1. Compile a list of points that outlines the general message of what and why of we are doing.
    2. Discuss the action items that accompany our message.

    1. Points for general message --

    * We understand that immigration is a privilege and national interests are above our plight.

    * We are highly educated and experienced residents. Most of us have been living in USA for more than past 7-8 years.

    * We are in suspended limbo without knowing the timeline of what the future holds for us.

    * When we started the immigration process, it was with implicit belief in the fairness and transparency of the system. The general labor substitution, paying money for Green cards and other abuses have thwarted this belief. This point should be emphasized.

    * There were and still are lots of loopholes in the system. Till now, the process has glaringly rewarded the law breakers. As long as these distorted incentives remain, the priorities will be skewed for some.

    * We are not here to rob anybody's livelihood. It is a symbiotic relationship. If it is not true and not good for USA, let us know. You cannot let few H1 scams discredit the whole ilk.

    * We are tied to our jobs/positions; creative juices are suppressed; creating a secondary class of indentured labor.

    * We cannot afford to do tech-speak (245, AC-21, EBs, ....) in the message. The message that we are trying to convey should be understood by the layman in 20-30 seconds.

    * We should try to empathize with groups like Numbers-USA. Yes, they too have valid points. If we agree to their points and quote their valid issues, it will take some sting out of their message and work to both our advantage; more to ours.

    * By being in this uncertain state, we cannot decide on big ticket items like buying a house, etc.

    * We request respect and dignity versus treating us like a dumb herd of sheep. Give us more clear cut direction and transparency.


    2. Ideas for action item --

    * Similar to flower campaign, we need to find a novel action that accompanies our message.

    * This action item should somehow reflect that it is selfless and for a higher cause, which creates a general feeling of well-being.

    * Some of things I thought of are -- contributing to Salvation Army / Goodwill, sponsoring education for children from low income family in USA, blood donation campaign, etc.

    * Out of this, I think blood donation provides most bang for buck. The idea sounds like too extreme and desperate. It probably is, but it sends a strong signal, also subtleness of if-my-blood-is-good-enough......
    Also other inherent benefits are it does not cost anything and is good for your health. And you can be very discrete about it, if you think of lobbying for your green card is stooping too low.

    * For blood donation or any other option that is decided, attach proof of receipts/certificates along with our letter. Alongwith a national level office (USCIS director?), this should be sent out to all local representatives, news orgs, etc.


    This is a long post and I appreciate your patience in going through it. Please post your comments on this post and add any other ideas you deem fit. I think we all should move very fast and try to drum up as much attention as possible. The ultimate goal is to get some kind of direction or relief before the end of this year.


    02-29 07:21 AM
    In Defense of Lobbying ( By Charles Krauthammer | WP, Feb 29

    Everyone knows the First Amendment protects freedom of religion, speech, press and assembly. How many remember that, in addition, the First Amendment protects a fifth freedom -- to lobby?

    Of course it doesn't use the word lobby. It calls it the right "to petition the Government for a redress of grievances." Lobbyists are people hired to do that for you, so that you can actually stay home with the kids and remain gainfully employed rather than spend your life in the corridors of Washington.

    To hear the candidates in this presidential campaign, you'd think lobbying is just one notch below waterboarding, a black art practiced by the great malefactors of wealth to keep the middle class in a vise and loose upon the nation every manner of scourge: oil dependency, greenhouse gases, unpayable mortgages and those tiny entrees you get at French restaurants.

    Lobbying is constitutionally protected, but that doesn't mean we have to like it all. Let's agree to frown upon bad lobbying, such as getting a tax break for a particular industry. Let's agree to welcome good lobbying -- the actual redress of a legitimate grievance -- such as protecting your home from being turned to dust to make way for some urban development project.

    There is a defense of even bad lobbying. It goes like this: You wouldn't need to be seeking advantage if the federal government had not appropriated for itself in the 20th century all kinds of powers, regulations, intrusions and manipulations (often through the tax code) that had never been presumed in the 19th century and certainly were never imagined by the Founders. What appears to be rent-seeking is thus redress of a larger grievance -- insufferable government meddling in what had traditionally been considered an area of free enterprise.

    Good lobbying, on the other hand, requires no such larger contextual explanation. It is a cherished First Amendment right -- necessary, like the others, to protect a free people against overbearing and potentially tyrannical government.

    What would be an example of petitioning the government for a redress of a legitimate grievance? Let's say you're a media company wishing to acquire a television station in Pittsburgh. Because of the huge federal regulatory structure, you require the approval of a government agency. In this case it's called the Federal Communications Commission.

    Now, one of the roles of Congress is to make sure that said bureaucrats are interpreting and enforcing Congress's laws with fairness and dispatch. All members of Congress, no matter how populist, no matter how much they rail against "special interests," zealously protect this right of oversight. Therefore, one of the jobs of the chairman of the Senate Commerce Committee is to ensure that the bureaucrats of the FCC are doing their job.

    What would constitute not doing their job? A textbook example would be the FCC sitting two full years on a pending application to acquire a Pittsburgh TV station. There could hardly be a better case of a legitimate "petition for a redress" than that of the aforementioned private entity asking the chairman of the appropriate oversight committee to ask the tardy bureaucrats for a ruling. So the chairman does that, writing to the FCC demanding a ruling -- any ruling -- while explicitly stating that he is asking for no particular outcome.

    This, of course, is precisely what John McCain did on behalf of Paxson Communications in writing two letters to the FCC in which he asked for a vote on the pending television-station acquisition. These two letters are the only remotely hard pieces of evidence in a 3,000-word front-page New York Times article casting doubt on John McCain's ethics.

    Which is why what was intended to be an expos¿ turned into a farce, compounded by the fact that the other breathless revelation turned out to be thrice-removed rumors of an alleged affair nine years ago.

    It must be said of McCain that he has invited such astonishingly thin charges against him because he has made a career of ostentatiously questioning the motives and ethics of those who have resisted his campaign finance reform and other measures that he imagines will render Congress influence-free.

    Ostentatious self-righteousness may be a sin, but it is not a scandal. Nor is it a crime or a form of corruption. The Times's story is a classic example of sloppy gotcha journalism. But it is also an example of how the demagoguery about lobbying has so penetrated the popular consciousness that the mere mention of it next to a prominent senator is thought to be enough to sustain an otherwise vaporous hit piece.

    Free advice to the K Street crowd: Consider a name change. Wynum, Dynum and Bindum: Redress Petitioners.

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