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  • vallabhu
    04-06 11:52 PM
    My understanding H1 B employers (mostly desi companies) are root cause of this situation by abusing H1 b program, they have made enough money by sucking H1 employees blood, now hey are equally affected it is time for them to share some of it and fund all the efforts to curb these kind of Bills.

    Please forward the text of this bill to all your employers and ask them to join hands with IV.




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  • qasleuth
    03-24 02:55 PM
    Also remember - nothing is over - as long as the original poster has followed the law and handles it he/she must be fine.

    I am not so sure....OP might have followed the law to the letter but what if one of his employers did not ? As UN is repeatedly pointing out (with his CSC I140 example), OP has to contact a good attorney before replying to the request lest his app will be in peril as the contracts will suggest that the position is temporary. Being naive and hoping for the best without considering all the options by OP in my view is fraught with risks. Anyways, good luck to him.




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  • number30
    03-24 11:37 AM
    UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.

    No one is taking on or poking at USCIS.

    On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.

    When we talk about good faith employment - it is the relationship that exists during the terms of employment.

    While your analysis makes sense - we really never know what is happening behind the scenes.


    What the consulting companies( Including Mine) are working like placement cell holding the stock of consultants. This is being questioned by the USCIS. They are understanding the mode of the operations. These stock does not have any usage unless they get some order. This is question was getting raised in H1B RFEs since last two-three years. With H1B you can escape with contracts between companies. But the concern with green card is will they accept such kind of agreements as proof of an permanent job? It will come to nature of the business of the company.

    (sorry for the Language )




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  • Macaca
    03-13 08:25 PM
    Some paras from Minuteman Project In Turmoil Over Financial Allegations (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/12/AR2007031201297.html):Leadership Fight Splits Border Group

    The Minuteman Project, an anti-illegal-immigrant organization that has monitored the southern border, is embroiled in a nasty legal fight over accusations of financial improprieties that has splintered the group and probably will sideline it during the busiest time of the year for border crossing.

    This crisis has put us in a tailspin," Gilchrist said in an interview. The organization had planned to mobilize members in coming weeks when Congress again takes up immigration legislation, he said, but it has canceled its plans because he is busy dealing with legal issues.

    The dispute centers on $750,000 in donations raised for the Minuteman Project by HSP Direct, a now-defunct Herndon direct-mail firm hired by Gilchrist. After the company deducted expenses, the project received about $100,000.

    This is not the first time the group has fractured. The Minuteman Civil Defense Corps has operated separately from the Minuteman Project since December 2005, after a bitter internal dispute over funding.

    Both groups organize volunteers to monitor the U.S.-Mexico border and report suspected illegal immigrants to authorities. Both lobby legislators to close the border and enforce existing laws.
    Some paras from Minuteman Project in Leadership Blowup (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/27/AR2007022701393.html)

    Gilchrist and other activists upset at what they perceived as a lack of action on the part of Congress began patrolling the Mexican border in Arizona in 2005 using cars, trucks, private planes and night-vision goggles. The effort drew criticism even from some conservatives including President Bush, who called participants "vigilantes."

    The Minuteman Project struck a nerve, however, and now has about 200 spin-off groups around the U.S.



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  • Marphad
    12-17 02:37 PM
    Marphad,

    But none of their postings (jaspreetsinghgandhi & tabletpc) had your kind of religious-politics in it!

    I remember your religious quotes in "485 Approved" thread.

    Guys, Mumbai attack wounds are still unhealed and morons like Antulay is trying to divert the attention is what I am talking about.




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  • unitednations
    07-09 04:41 PM
    Ah!! I see.....I do have the same i94 number on both the I-94s


    desi is correct...



    Everytime you extend non immigrant status; you are extending the white I-94 card on your last entry.

    However; if you leave after the last extension and you re-enter then the white I-94 card you receive at the border overrides all previous white I-94 cards; extension of stays.

    This is where the problem occurs:

    H-1b for company A visa is valid until July 2009 and the h-1b approval for a is also valid until july 2009. You come into USA on white I-94 card and they gave validity until July 2009.

    Now; you file for change of employer and extend status until July 2010. The notice of action will have the same I-94 number as the date of your last entry.

    Now; you go outside USA; on your way back in the port of entry officer mistakenly gives you a white I-94 card only valid until your visa expires (july 2009). Now; if you overstay July 2009 then you would have been considered to be unlawfully present from July 2009.

    Bottom line: your last action generally overrules your stay.



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  • amitjoey
    08-05 02:27 PM
    How about this story:

    One Mr. Sunny Surya, and one Mr. XYZ. both landed in the USA in 1998. Mr. Sunny Surya goes to school, works hard and gets his masters in 2000. works for a good reputed company gathers experience and then in 2003 files for labor. PD 2003. Since he does not have experience in the USA (His present experience with the sponsoring company is not counted). He would have to change his job to be considered for EB2. So files in EB3. Mean time MR. XYZ has changed multiple jobs and is suddenly eligible for EB2 and files in JAN 2004. He is current and about to get his GC. Mr. Sunny Surya is contemplating changing his job and he is definately going to qualify for EB2. Mr XYZ tells Mr. Sunny - NO!. You cannot get in the EB2 with older PD. Get a 2008 PD.




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  • lost_angeles
    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.


    Thanks.



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  • javadeveloper
    07-18 11:32 PM
    First time I came to US on 12/15/2000 and left US after 86 days that is on 3/10/2001 , during this period I didn't had any paystubs. I re-entered to US on 12/15/2002(this is my latest entry into US) , I don't have paystubs from 12/15/2002 to 2/14/2000(60 days) ,i have paystubs from 2/15/2003 to 4/15/2003 and again I don't have paystubs from 4/16/2003 to 9/30/2003(165 days).After that I have continuous paystubs.Does it mean that I was out of status for more than 180 days(i.e 60+165=225 or 86+60+165=311) or I was out of status for just 165 days .Maximum continious days that i stayed in US without paystubs are 165.One more thing my employer(s) didn't generated my payslips though i really worked for some days...Someone please clarify...

    Thanks In Advance




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  • javadeveloper
    07-18 11:32 PM
    First time I came to US on 12/15/2000 and left US after 86 days that is on 3/10/2001 , during this period I didn't had any paystubs. I re-entered to US on 12/15/2002(this is my latest entry into US) , I don't have paystubs from 12/15/2002 to 2/14/2000(60 days) ,i have paystubs from 2/15/2003 to 4/15/2003 and again I don't have paystubs from 4/16/2003 to 9/30/2003(165 days).After that I have continuous paystubs.Does it mean that I was out of status for more than 180 days(i.e 60+165=225 or 86+60+165=311) or I was out of status for just 165 days .Maximum continious days that i stayed in US without paystubs are 165.One more thing my employer(s) didn't generated my payslips though i really worked for some days...Someone please clarify...

    Thanks In Advance



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  • jung.lee
    04-05 10:29 AM
    :eek:

    I have been reading this thread with a lot of interest and could not hold back from commenting on the unbridled optimism many of you guys are showing towards the housing market, which reminds me of the "long tailed" euphoria that followed long after the NASDAQ had crashed over 50% in 2001 after the tech bubble, and people kept wishing it would come back long after it became clear to most cynical observers that it would take decades to achieve the same levels as before (and it hasn't yet)...

    Housing has not yet bottomed. It still has a long way to go. You guys may think that the foreclosures related to subprime resets have subsided so the market may recover. You haven't seen anything yet. Consider:

    http://www.irvinehousingblog.com/wp-content/uploads/2007/04/loan-matrix.jpg

    and:

    http://www.irvinehousingblog.com/wp-content/uploads/2007/04/adjustable-rate-mortgage-reset-schedule.jpg

    Option ARMs (adjustable rate mortgages) and Alt-A ARMs are the next two shoes to drop. In case you've had your head buried in the sand, the economy is on verge of a collapse. Unemployment is soaring and many more companies are considering layoffs. Many economic observers are opining that we are already in recession.

    Desi junta, and others, I entreat you readers to please consider this seriously in your house purchase decisions. If for some reason you need to sell and move out, at a minimum you will be saving some money (by not losing your downpayment, for example) by choosing to rent. Rent a house/townhouse from a private owner if you are tired of renting an apartment and have growing kids - it's a "renters market" in the private rental marketplace right now with so many investment properties purchased during the housing bubble available for rent.

    I would like to offer up a few blogs, whose commentators should be taken seriously. I recommend you read and bookmark the following blogs if you want to follow the housing market and the economy:

    http://calculatedrisk.blogspot.com/

    http://www.irvinehousingblog.com/

    http://housingpanic.blogspot.com/

    http://globaleconomicanalysis.blogspot.com/

    I like this website for people just starting out to get more financially educated (in an entertaining way):

    http://www.minyanville.com/

    Good luck and please be careful before 'taking the plunge!'




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  • alias
    04-08 07:01 AM
    I might be interesting to check with a lawyer whether:

    H1B extensions based on I-140 (beyond 6 years) are same as normal H1B extensions(without I-140). In other words, if someone has an I-140 approved does this bill still affect his H1B extension petition(assuming he is consulting)?



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  • waitnwatch
    08-05 03:18 PM
    If someone is eligible to port to a higher category they will rightfully do so. Your post seems to imply all PD porting is through shady means. Grow up buddy!

    You've got me wrong - if folks think they are entitled to EB2 for a particular "FUTURE" job what stops them from getting a "FUTURE" job description to fit EB-1. After all it's all in the "FUTURE"..............




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  • sledge_hammer
    06-05 02:14 PM
    It would be the most foolish thing to do to pay cash for your home, no matter how small your starter home is. If you make let's say 20% down, then you leverage is 80%, and so you are building equity on 100% of your home by only putting down 20%. The interest you pay on it now is 5%. What other investment can you leverage 1:4, get tax deductions on your interest, AND build equity?

    You may argue that margin buying is the same. But is that's not tax deductible!

    >> First off, a house is really both an investment and a home.

    If you look at the historical rate of appreciation vs. the risks involved - I think you will come to the same conclusion as I did - that it is a lousy investment in mature markets like US.

    The scenario is different in India. I believe (based on my assumptions and calculations) that the risk/reward ratio is much more favourable there.

    The intangible value of a "home" is the only reason I will ever "buy" a house here - because it is a lousy investment. For me - that tipping point is when I can afford a starter home for cash (it is a differnet topic that I will take a mortgage even then. If there is any problem with the title - the mortgage company is there to fight for me - so it acts as a second layer of insurance). It should not be as far off as you think if you are ready to settle for a small starter home AND actively invest (rather than spend) the principal payment you would have paid towards your mortgage every month.



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  • senthil1
    04-08 07:34 PM
    IBM and Oracle will survive without H1B as they will hire US workers and set back will be temporary for them. So this bill is targeting the Indian bodyshoppers who are running company just by H1b persons. This was expected for long time. If it is not happening now it is going to happen in a few years. We knew that hundreds of US companies went out of business after 2000 as they were not able to compete with Indian consulting companies because of rate.


    What about professional services? Like IBM global services, Oracle consulting etc.... all these companies thrive on after sales customization and support based on professional services contract and there are thousands of h1b visa holders doing professional services. It is also outsourcing of a employee to a client implementing their system. Look at SAP, Siebel consultants, they are outsourced at client places for years together to finish implementations and their work locations are changed based on client's needs from time to time in between jobs - this is again a huge pool of H1bs.
    I used to work fulltime for a company in their professional services group and travelled on the job to a lot of places. The company thrives on h1b resources for their high pressured jobs and they always bring in people from outside the country to do their jobs.

    I think outsourcing employees to a different location is a part and parcel of H1b, and this bill is nailing exactly on that. It is aimed solely to purge out H1bs from the country.

    So all said and done, we may now go down based on a racially motivated bill. I am not sure what it takes to educate the law makers, I would like to see the senior personnel at IV and more analysts to look into what can be done on this bill.




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  • gclabor07
    08-05 11:48 AM
    Folks,

    Here are my thoughts on this based on my personal experience.

    USCIS should allow porting of dates not just based on approved I-140, but also based on approved LC.

    I applied in EB3 category back in 2003. My labor was stuck in BEC and my career wasn't progressing. So I decided to switch my employers and start the process all over again. Just before I left my previous LC was approved. I wish that process should have allowed me to port the PD of my first labor because PD is decided when you file LC and not when you file I-140. So right now I've EB2 with 2007 PD. I missed the July 07 bus as well.

    Was this fair? perhaps not. Am I having heartburn, not really. I'm happy that I made the switch and moved to the new employer with a better career path.



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  • conchshell
    08-06 10:09 AM
    All monkeys also interfiled and became lions.

    This is too funny ... monkeys interfiling and becoming Lions :D:D




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  • sk2006
    06-05 03:24 PM
    don't think the rent will be much lower than paying the mortgage, it is true atleast in the city where I live. For example: If I am paying a mortgage of $1200 and the rental of an equivalent is $ 900, the $300 difference you get back in tax refund at the end of the year. So why pay rent when I can buy a house and do whatever I want to with it ?

    Where I live, the median house price is 200,000. I bought a house which is lower than the median and when the market was on the downward trend (september 2006). If you look at the post I quoted, you would notice that I am not subscribing to the crazies who bought houses with the example dollar amounts you gave. If you know your limits and do 2 hours of internet research, then the person probably will make a much better decision. The information and warning signs were there everywhere starting 2005, if people chose to ignore and got burned then shame on them.

    You are right. As I mentioned in my other post buying makes sense if Rent and mortgage are comparable. I would do the same when mortgages and rents come in line in my area.
    With the ratio of rent/mortgage you mentioned, it makes perfect sense to buy.




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  • vivid_bharti
    06-23 04:04 PM
    Buying a house in India and living here on rent sounds like getting married and keeping your wife in India :) unless your wife is with you what is the point in getting married, I think people should think beyond the 'Investment' perspective of house.....in agreement.....there is definately pleasure in living in your own house....




    gc28262
    09-26 11:42 AM
    -DId cir have stem exemption? answer no
    -Did cir have visa recapture? answer no
    -Did cir increase the eb quota to reduce the backlog? answer no
    -Did cir exempt the existing EB applicants from the new "points based
    system", answer this seems to be a gray area, no clear answer (there is a
    debate about this)
    -Did cir have draconian restrictions on H1, answer yes
    if there are any more nagatives please add to the list.

    I think these provisions were included in CIR to get a bipartisan support from republicans. By including such anti-EB provisions in CIR, McCain, Ted Kennedy etc hoped to get some support from ant-immigrant republicans.

    Yes they were trying to save illegals at our expense :mad:
    With democrats in full control of both senate and house and a democratic president in the office, democrats would come up with a cleaner CIR ( beneficial to both legals and illegals )

    Remember president alone cannot do anything. Democrats are pro-immigrants. Maybe they lean a little bit towards FB.




    pappu
    08-11 03:10 PM
    toung is made of BS
    on a lighter note--
    He has BS (you know what that is) Degree in economics from harvard.


    seriously--
    Looking at his career he is quite a star.

    Louis Earl[1] Dobbs (born September 24, 1945) is the anchor and managing editor of CNN's hour-long weeknight program Lou Dobbs Tonight, an editorial columnist, and host of a syndicated radio show.

    Dobbs was born in Childress, Texas, raised in Rupert, Idaho, and resides in Sussex County, New Jersey.[1] He attended Minico High School in Rupert, serving as student body president in 1963. He later earned a degree in economics from Harvard University. He is married with children.


    Career

    Dobbs joined CNN when it launched in 1980, serving as its chief economics correspondent and as host of the business news program CBS News Sunday Morning on CBS. Dobbs also served as a corporate executive for CNN, as its executive vice president and as a member of CNN News Chief Iran Correspondent’s executive committee. He also founded CNN News (CNN financial news), serving as its president and anchoring the program, Business Unusual, which examined business creativity and leadership. In 1999, Dobbs started Space.com, a Web-based multimedia company dedicated to space education and entertainment.

    Dobbs left CNN in 2000, reportedly due to heated clashes with its president, Rick Kaplan, one of which actually occurred on-air when Kaplan suggested to cut from CNN News to a live address by Bill Clinton at Columbine, which Dobbs believed was a staged event and not newsworthy. [2] Dobbs returned the following year at the behest of his friend and CNN founder Ted Turner, becoming host and managing editor of the new and initially more general news program Lou Dobbs Reporting, which later became CNN News Sunday Morning. Dobbs also hosts a nationally syndicated radio show, The Lou Dobbs Financial Report, and he is a regular columnist in Money magazine, U.S. News & World Report and the New York Daily News.


    Political positions

    In the 2000s, Dobbs has used CNN programs and columns to express strong personal views on several subjects. He has become particularly noted for two positions. Concerning international trade, he leans toward protectionism and is particularly wary of outsourcing and offshoring in light of the increasing US trade deficit, particularly with China. He also is opposed to a North American union.

    Dobbs is strongly opposed to illegal immigration, immigration amnesty, abuses of the H-1B visa program[3] and guest worker programs.[4] He supports stringent enforcement at U.S. borders, whether by federal or state action, or by private groups like the controversial Minuteman Project. Dobbs often has stated the United States is becoming balkanized and immigrants and/or illegal aliens are refusing to assimilate. He has been critical of their demonstrations of ethnic or national pride, stating, "I don't think that we should have any flag flying in this country except the flag of the United States", and "I don't think there should be a St. Patrick's Day. I don't care who you are. I think we ought to be celebrating what is common about this country, what we enjoy as similarities as people." He has been accused of inciting xenophobia by some such as Libertarian journalist James K. Glassman of the American Enterprise Institute[5].

    Lou Dobbs Tonight frequently features related issues under the ongoing billboards "Exporting America" and "Broken Borders". The newscast often couples references to illegal aliens with the word "invasion". Dobbs dismisses the allegedly excessive or misguided concern for language as "political correctness" in the segment billboarded "P.C. Nation".

    Dobbs' stance on trade has earned plaudits from some trade union activists, on the traditional political left, while his stance on immigration tends to appeal to the right. Dobbs is a self-described "lifelong Republican" [6] who has become disenchanted with the policies of George W. Bush's administration.

    In his "Broken Borders" segments Dobbs focuses primarily on the southern border with Mexico and the drugs and illegal aliens that cross it. Critics claim this is unfair because the 5000-mile border between Canada and the United States is longer and also permeable. On the other hand, proponents note the vast majority of illegal aliens and drugs pass into the United States via the Mexican border and that he has in fact had some segments dealing with the lack of security along the US-Canada border. As of the end of May 2006; some 829,109 illegal immigrants had been apprehended crossing from Mexico into the U.S.A. this year. Illegal Immigrants apprehended crossing from Canada to the U.S.A. are a tiny fraction of that amount -- 4,066. [7][8] Dobbs apparently also has lauded the Canadian government for cooperation in securing the border with their American counterparts.

    In June 2006, as the U.S. Senate debates the Federal Marriage Amendment, Dobbs was highly critical of the action. He asserted that so-called traditional marriage was threatened more by financial crises perpetuated by Bush administration economic policy than by gay marriage. [9]

    In July 2006, Dobbs criticized U.S. foreign policy as being disproportionately supportive of Israel, pointing out the U.S.'s rapid recognition of Israel in 1948, foreign aid to Israel, and other policy choices in the past and present. [10]


    Awards

    Dobbs has won numerous major awards for his television journalism, most notably a Lifetime Achievement Emmy Award, and a Cable Ace award. He received the George Foster Peabody Award for his coverage of the 1987 stock market crash. He also has received the Luminary Award of the Business Journalism Review in 1990, the Horatio Alger Association Award for Distinguished Americans in 1999 and the National Space Club Media Award in 2000. The Wall Street Journal has named Dobbs "TV's Premier Business News Anchorman". Dobbs even was named "Father of the Year" by the National Father's Day Committee in 1993.


    Associations

    Dobbs serves or has served on the boards of the Society of Professional Journalists Foundation, the Horatio Alger Association, the National Space Foundation and the Imaginova Corporation, formerly known as Space.com, in which he owns a minority stake, as he does in Integrity Bank. He is a member of the Planetary Society, the Overseas Press Club and the National Academy of Television Arts & Sciences.


    Books

    * Exporting America : Why Corporate Greed Is Shipping American Jobs Overseas (Warner Business Books, 2004) ISBN 0446577448
    * Space: The Next Business Frontier by Dobbs and HP Newquist (Atria, 2001) ISBN 0743423895



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