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March 23, 2011

Last Year in Jerusalem –Taking a Teen with Special Needs to Israel

Last year, we spent most of April (including Passover) in Israel since our oldest daughter was spending her “gap” year there between high school and college. She was enrolled in an intensive Israeli leadership preparatory program called “Nachshon” named after the Biblical hero who was the first Israelite to jump into the Red Sea. Legend has it that the Red Sea didn’t actually part until Nachshon was up to his nose in the water.

Traveling 7,500 miles away across ten zones is tough on anyone, but Danny did pretty well on the trip over, excited about seeing his big sister, and for some inexplicable reason, really enjoyed the hot kosher meals served on the plane. During our flight from Philadelphia to Tel Aviv, we met another family who was also traveling with a physically disabled child; they had other grown children (and grandchildren) living in Israel so they made the sojourn at least twice a year. They gave us a few tips about which bathrooms on the plane were the most accessible, the procedures for departing the plane with a wheelchair at Ben Gurion Airport and what to watch out for when using our California disabled placard, (some of the disabled spots in Israel are reserved for specific people/placard holders, but it can be hard to tell).

We had a joyful reunion in the airport in the afternoon and then got our rental car—we held our breath that all of our luggage and Danny’s large stroller and walker would fit in the economy-sized car we had pre-ordered on the Internet, but luckily, we were upgraded and the trunk accommodated everything. Long after dark, we arrived at our Jerusalem apartment on the 6th floor (with a very small and very slow elevator) and settled into our temporary home.

The first place we went to visit was Hebrew University – Mt. Scopus campus to get that magnificent view of all of Jerusalem, and we stopped for a snack at the local Aroma coffee shop (think of a kosher trendy Starbucks with a much bigger menu). It was difficult to get Danny up the narrow front steps, so I wheeled him around to a side door which was heavy and hard to open. The place was crowded, with tables close together, and hard to navigate even with the walker, and we finally were able to sit down.

An employee with Down Syndrome came around to pick up the dirty dishes from the people before us. Some of the patrons stared at her, and also at Danny, but then an older, professorial-looking woman entered and started to chat with the young woman, asking her about Passover plans and then said “Chag Sameach” to her (and to us on the way out).

(I later found out from the non-profit Eleywn Israel http://www.israelelwyn.org.il/ that they work closely with Aroma coffee shops to train and place workers with disabilities and that Aroma has a longstanding policy of hiring workers with disabilities and in fact, almost every Aroma restaurant in Israel has at least one such employee.)

This theme of stark differences between the positive and negative aspects of disability continued during our trip. At times we would find a great disabled parking spot, but with no curb cuts. Or, in crowded malls and venues, people without a disabled placard would pull into the space ahead of us. When we complained to the security guard standing just a few feet away, he would mumble, “I can’t do anything about it”.

On the other hand, some people took great pains to include us, including a lovely modern Orthodox family who we met in the neighborhood shul. They invited us over for a lavish last night dinner of Passover, with four courses, Torah study, and a look at the husband’s photos from his post-army trip to the states many years earlier. They were fine with Danny playing with toys on the sofa, or even rolling around on the floor as the evening grew late.

One of the more interesting incidents took place a few days into the Passover holiday when the elevator in the apartment building broke down and the key part to fix it wasn’t going to be available until “after the holiday”.  There were many families with young children in strollers, so this was a hardship for many of renters. But when people saw us coaxing Danny up and down 6 flights of stairs with his walker (and he managed to do it, even if it took even longer than the slow elevator), they grew furious with the apartment management, and our situation became the key point of protest. Many renters personally apologized to us for the inconvenience.

Next: Our visits to Beit Issie Shapiro and Kibbutz Kishorit

Note: A sad farewell to Kenneth Schaefler, a friend, role model and colleague who devoted his professional career at the Los Angeles BJE to make Jewish education available to students with diverse learning needs. He championed disabilities awareness, special education services at Jewish day schools and worked with state-funded regional centers for early detection and intervention as well as professional development for teachers. May his memory be a blessing.

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The Handy Hazzan Gets In Over His Head As We Learn from Jewish Prayer and Values

In Judaism, the prayer for rain (Geshem) is chanted by the Hazzan in the Musaf Amidah on Sh’mini Atzeret, which is also the last day of Sukkot. In fact, Geshem is inserted right where, on every day thereafter in winter, we insert the phrase Mashiv ha-ruach oo-morid ha-geshem (You cause the wind to blow and the rain to fall). What crystal ball last Fall could predict that our prayers would be answered to such generous proportions? This week it poured while plants and trees swayed and danced with the wind. I contemplated building an ark, as if I didn’t have enough to do! Geshem pounded our roofs, soaked our burgeoning landscapes and boosted L.A’s dwindling water reserves.  This week I had planned to install that whole house water filter, which arrived just a few days ago.  But instead….

I got an urgent call from my pal, Vivian Florian – 87-year-old piano virtuoso who studied with the great Paderewski and committed all of Chopin and many of the other great, classical composers to memory while she was still wet behind the ears.  Vivian played for three presidents at the White House (at different times), and tinkled with Eugene Ormandy at the Hollywood Bowl.  I could flood you with more name-dropping. Now Vivian walks to the bench with a cane, and when she sits down to play the grand piano that lurks in her modest living room, it still explodes with a display of melodious fireworks as she plies her exquisite renditions of classical and musical theatre repertoire.  Alas, even a great queen like Vivian, and I certainly don’t mean to be disrespectful – even a great artiste and all the presidents for whom she has played…. all need use of a certain, shiny (white) throne that resides in an adjoining room known as the bathroom.

Fancy Nancy would say that “Vivian’s commode is in disrepair.”  Bubba, the plumber would say, “The toilet’s broke.”  Whatever you want to call it, this hopper was installed forty years before and its flushing days were over.  The two main things that can cause this are 1.  Calcium deposits build up in the passageway inside the bowl or 2. Over the years, objects like little toys or a comb get stuck in the john’s passageway as well.  Do not confuse this with a clogged sewage line.  We remedy the latter most easily by grabbing a good quality plunger if the clog is more localized.  In Los Angeles, most of the older construction included clay and ceramic sewage pipes that cracked over the years due to earth movement and then filled up with wandering roots from adjoining foliage.  That’s one of the things that can happen further down the sewage line. There might well be a lot of that come Spring after the amount of rain we’ve had.  Plumbing pros replace those cracked pipes with a plastic type known as ABS.
Not only wandering roots cause this clogging.  Sometimes people drop items other than bathroom tissue in the bowl and they pass through, only to collect way down the line, perhaps catching on a root or two as described above.  Then we use what is called an electrical “snake” to “snake” the line.  It’s usually best to call a plumber for that, although you can rent an electrical snake and learn how to do it yourself.  There are lots of videos online to show you how.  My last venture with an electrical snake revealed baby wipes in the sewage line.  That’s a no-no in the potty.

Back to Vivian: Clearly we had to replace the toilet, and I was the one to do it.  I bought a qualifying water saver at Home Depot. (In the County of Los Angeles, you can make application for a rebate through one or more programs listed in the internet.  Try this link: http://www.socalwatersmart.com/.) Remember that this particular commode had been serving Viv’s family for forty years.  Believe it or not, removing it was a breeze:  Tools and materials needed: large sponge, bucket, small disposal plastic cup, work gloves to protect from anything broken or rusted, rubber gloves to protect from bacteria, eye protection, scraper, utility knife, adjustable wrench, mini-hack saw (for later when trimming new closet bolts), large rag (to place in sewage pipe opening to keep sewage gases from wafting up into house), flat screwdriver, wax ring, sealant

HOW TO REMOVE AND REPLACE A TOILET – HERE’S WHAT I DID:

1. Put on rubber gloves and then turn off the water supply.  2. Flush once to remove most of the water from the tank. 3.  Use sponge/cup/bucket to remove rest of water from tank and bowl 4. Remove decorative covers from closet (floor) bolts and PUT ON WORK GLOVES 5.  Break old caulk seal between base of bowl and floor with utility knife.  6.  Rock commode side to side until you loosen old wax ring 7. Keeping back straight, lift old bowl/tank up over the protruding bolts and remove it from the room.  8.  Scrape away remaining wax from old wax ring and dispose in trash.  Remove ….

OH NO!! I came to replace Vivian’s old toilet and suddenly I was in over my head.! The old closet bolts were rusted and broken, which by itself is no problem.  However, the metal flange – a round, metal ring which surrounds the lip of the sewage pipe and/or is bolted into the floor …. the steel flange (probably made in Phoenixville sixty years ago) was rusted and broken – totally unusable.  It is (9) through the sides of the flange that you attach the heads of the two closet bolts that hold the commode to the floor.  I couldn’t remove the disintegrating flange.  Otherwise I would have simply bolted a new one to the floor.  It was time to call in my friend and plumber extraordinaire, Ramon Chavez.  But Ramon was indisposed at the time, and couldn’t make it until Monday, which then become today, Tuesday.  I (10) put together the new toilet, (11) added the new wax ring, and (12) set the whole thing over the sewage hole, rocking the toilet gently to see if I could seal it a little bit, even though the commode was in no way secure to the floor.  Before (13) sealing the area around the bottom of the bowl we flushed once.  A teeny bit of water seeped out.  I dried the area and emptied a full tube of caulk around the perimeter.  Vivian said she was afraid to use the commode.  She’d rather sit at the piano.  Sometimes stuff happens just when you think everything is going well.  My good deed went down the tubes, and I was disappointed. Ramon would bring his Fancy Nancy equipment tomorrow morning and I would meet him to complete the job. It’s now the next day and this morning “we” had to chip out the old metal flange, as I expected, to make room for the new.  Out with the old and in with the new ….. and it wasn’t even Rosh Hashanah.  Vivian now has her new toilet.  Voila!

For those of you who think it undignified for a Hazzan to talk toilets, let’s associate this episode with our Jewish prayers and values.  My dear mother, Martha (z”l) once told me that “even the Queen of England goes to the bathroom.”  I guess this was her way of saying that we are all equal in the eyes of G-d…. and that’s because we are all created in His image.  Just something to think about…
Among the many prayers for giving thanks in our daily morning davening, we chant the Asher Yatzar in Birchot Hashachar right before the prayer expressing our gratefulness for the gift of our sacred Torah!  The Asher Yatzar translates: “Praised are You, Lord our G-d, Sovereign of the Universe who with wisdom fashioned the human body, creating openings, arteries, glands and organs, marvelous in structure, intricate in design.  Should but one of them by being blocked or opened, fail to function, it would be impossible to exist.  Praised are You, Lord, healer of all flesh who sustains our bodies in wondrous ways.”  Our bodies are sacred, a gift loaned to us by G-d before we return to the earth, we pray, in very old age. However, because the bathroom or rest room is associated with cleansing our bodies, it is therefore considered an unclean place.  It follows that we leave all holy objects – tallit, siddur, tefillin – outside the rest room at home or at synagogue.  It’s the only room on whose doorway most people do not place a mezuzah. 

The following is not to in any way credit myself, but rather to illustrate living Torah.  Of our Jewish Middot (values or pillars of virtue), replacing an elderly friend’s toilet is clearly living Torah through the Amudim (pillars) of Chesed (caring) and Kehillah (citizenship/community).  Our chesed is specific when we perform Gemilut Chasadim (acts of loving kindness) and even more particular when we visit the sick (bikur holim).  Our act of Kehillah is in respecting our elders (kibud zekenim) by helping them.  Replacing a toilet facilitates our natural bodily functions for which we express our gratitude in the Asher Yatzar, and doing it for someone else and particularly an elderly person could be considered an act of Kedusha (holiness), which is the umbrella amud for all the other virtues. 

This was a frustrating and humbling experience.  Humility is an essential human quality. I can’t help but think of Ralph Kramden in “The Honeymooners” as played by the incredibly gifted Jackie Gleason on live TV when I was a little boy.  My brother, Stevie, and I used to roll on the floor, LOL.  One episode Ralph’s wife, Alice tells him he needs to be humble.  Ralph immediately swells out his chest and strides around the kitchen declaring, “I am humble!  I am humble!”  And I am serious.  One midrash teaches us to walk around with two pieces of paper, one in each pocket.  On the first one is written, “I am nothing;” on the second, “The world was created for me alone.”  The right blend of humility and healthy self – esteem can take us far in life.  After a failed attempt at replacing the toilet, I felt like number one.  Then I remembered that my intention was to assist my elderly friend and fellow artist, that I really had accomplished something, and that I would responsibly return in a couple days with Ramon Chavez, plumber extraordinaire;  and I felt a little bit like number two. 

If you are planning to replace your old toilet, you can do it yourself especially if it’s a routine situation and you have enough koiyich (Yiddish for “strength”) to lift the whole unit.  Enlist spouse, partner or pal to assist you. The water conservation with the 2.8 or less gallons per flush really does make a difference…on our pockets and the environment.  Be sure to get a model with a flush rating of 10.  Some of the lesser models (8 rating) require flushing twice, which of course defeats the whole purpose.  Contact me on the blog or offline if you have any questions. Next week I just might convince Vivian to play for us, and maybe I’ll sing along. Tikkun Olam starts at home.  You can fix it! – HH

 

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Is God in the Tsunami? -By Rabbi Hyim Shafner

…After the wind an earthquake; but the Lord was not in the earthquake…
-I Kings 19:11

“Where is God now?  Where is He?…He is hanging here on this gallows”
-Night by Eli Wiesel

“The cruelty and the killing raise the question whether even those who believe after such an event dare to talk about God who loves and cares without making a mockery of those who suffered.” -Rabbi Irving Greenberg

The Japanese, I am told, living on one of the most active tectonic faults, feel always that the “big one” can come tomorrow.  I guess all humans, if we are not completely jaded, wait for the big one, though perhaps not actively. Indeed humans have a unique ability to ignore the tragic realities and statistics predicting the disasters that may come. But we all have some deep sense, when we are honest, that life is as transient as things get. Beyond helping the Japanese people by sending funds and supplies, how do we assimilate the tragedy?

Perhaps we can not.  Only survivors of tragic events can know what it is to be they; for us to make assumptions about such tragedy would be audacious.  So what can we, 10,000 miles from the epicenter think, say, and reflect upon, other than crying for fellow humans, made in God’s image who are suffering so much?  For us as religious people and religious leaders, how do we understand the ago old question which asks “Where is the merciful God we talk about and pray to, now?”

In the face of tragedy, unfortunately, religious leaders seems to make the news when they take either of two extreme positions.  That God brought about a tragedy to punish us, -Rabbis, Priests and Imams all were quoted after the floods in New Orleans and the Tsunami in Thailand as saying that God brought about these modern day floods for the same reason as those in the Bible, to punish humans for their sins. 

But, as the biblical book of Job instructs, we must not suggest reasons for, or try to make sense of, the suffering of others.  Though we want to make sense of our world and the seeming injustice of it, if we do we make a mockery of humans and God.  In the end God seems to rebuke Job’s friends who suggest reasons for his torment with the words, “Where were you when I laid the foundations of the world?”

The other extreme was heard also, that tragedy of such proportion should lead us to question the existence of God, as if the death of one child is less horrific and more explainable.  So what are religionists who believe in a merciful God on one hand and read a Bible of reward and punishment on the other, to say about calamity of such huge proportion?

In Judaism there is expansive writing about such questions.  In ancient times in the Talmud and in more recent years a vast Holocaust literature and theology has tried to grapple with modern day tragedies of biblical proportion in which often the righteous suffer and the wicked are spared

One helpful idea, much discussed in modern holocaust literature, is the idea of God’s hiddenness.  That while believing in an infinite God, this does not mean that God is always present, -God’s face as it were, can be hidden from us.  The Bible, following a list of curses and punishments that will befall the Jews if they do not obey the Torah, states, “…and I will hide my face from you on that day.”  To be hidden does not mean to be gone, nor does it mean to be understood, but it does mean that the promise of Divine presence and possibility still exists. 

Recently Jewish people all over the world celebrated the holiday of Purim.  On this day 2500 years ago a wicked man attempted to genocide all the Jews and almost succeeded, if not for a courageous queen named Esther.  Esther’s name, the Talmud tells us, is hinted at in the Hebrew bible in the words “vaani hister astir panai bayom hahoo”, “And I will hide my face from you on that day (Deut. 31:18)” Esther=Hister-meaning “to hide.”

The very name Esther, the queen who saves the Jewish people, also refers to God’s hiddenness, and indeed in the entire book of Esther God’s name is not mentioned even once.  And so the scroll of Esther offers the hope that though we live in a world of tragedy, pain, suffering, and injustice, perhaps it is not a world in which God is absent or dead, but hidden. 

In the words of the great 20th century Rabbi, Joseph Solovetchik in his profound book, Lonley Man of Faith: “Who is He who trails me steadily, uninvited and unwanted, like an everlasting shadow, and vanishes into the recesses of transcendence the very instant I turn around to confront this numinous, awesome and mysterious ‘He’?”

Though God is indeed hidden in our world, even more so at this moment, perhaps it is up to us to reveal the Divine through our actions and response.

 

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Rebbetzin Reva Zilberstein dies at 99

Rebbetzin Reva Zilberstein, wife of the Breed Street Shul’s Rabbi Osher Zilberstein, died Feb. 27 just a few weeks shy of her 100th birthday. Rabbi Zilberstein was head of Congregation Talmud Torah, known as the Breed Street Shul, in Boyle Heights from 1935 until he died in 1973, and was Chief Orthodox Rabbi of Los Angeles. Rebbetzin Zilberstein, known simply as “The Rebbetzin,” was loved and respected for making the synagogue and her home a gracious center of the community, where travelers and residents, from the leaders to the neediest, knew they could always count on a warm welcome.

Rebbetzin Zilberstein was born in Kovel, Poland, and moved with her husband in 1931 to Winnipeg, Canada, where they lived for four years before moving to Los Angeles in 1935. The Zilbersteins were instrumental in building Orthodox life in Los Angeles and in establishing the Los Angeles Jewish Academy — the first Jewish day school on the West Coast — as well as the first Jewish junior high school and post-high school yeshiva.

Rebbetzin Zilberstein stayed in Boyle Heights until 1985, when she moved to the Pico Robertson area and became a member of Beth Jacob Congregation. She was a longtime member of Amit Women.

Reva Zilberstein is survived by daughter Clara (Feigie); stepson Rabbi Harry Silverstein; 13 grandchildren; and 20 great-grandchildren. She was predeceased by son Aaron; and stepchildren Miriam Zilberstein of Jerusalem, Freda Schaffer and Mary Erlich.

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Elizabeth Tayor dies at 79

Famed actress, Elizabeth Taylor has died at the age of 79.  She had recently been receiving treatment for congestive heart failure at a Los Angeles hospital. 

Taylor was raised a Christian scientist, but converted to Judaism at age 27.  Her Hebrew name is Elisheba Rachel Taylor.

MTV has the story:

One of Hollywood’s most legendary beauties, Elizabeth Taylor, died on Wednesday (March 23) at the age of 79 after spending two months in a Los Angeles hospital for treatment of congestive heart failure. One of the brightest stars in the history of the American movie business, Taylor starred in a string of hit movies in the 1950s and 60s, including “Giant,” “Cat on a Hot Tin Roof” and “Cleopatra,” while becoming an international sex symbol and object of tabloid fascination for her string of love affairs with leading men.

Read more about her Judaism at Hollywood Jew.

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Actress Elizabeth Taylor dies

Academy Award-winning actress Elizabeth Taylor, who maintained a support for Israel after converting to Judaism in the late 1950s, has died.

Taylor, known for her violet eyes and her plethora of husbands, died Wednesday of congestive heart failure at Cedars-Sinai Medical Center, where she had been hospitalized for about six weeks. She was 79.

Taylor converted to Judaism following the death of her third husband, Mike Todd, who was Jewish, in a plane crash and before marrying Jewish actor Eddie Fisher.

She denied that she had converted because of her Jewish husbands, saying that she had wanted to do it “for a long time.” Her 1959 conversion at Temple Israel of Hollywood was well attended by the press.

Taylor made a point of traveling to Israel and fundraising for the Jewish state during the Arab boycott in the 1970s. Her films were banned in much of the Arab world. She was a supporter of the Kabbalah Center in Los Angeles.

In 2007, the U.S. Supreme Court refused to hear a lawsuit challenging Taylor’s ownership of a Van Gogh painting that was claimed by a Jewish family. The family said the painting was looted from their relatives during the Holocaust.

A child star, Taylor won two Oscars for best actress, and is remembered for her roles in “National Velvet” and “Cleopatra,” among many others.

She also supported with her time and money several AIDS-related charities, including founding the Elizabeth Taylor Aids Foundation.

Taylor was a friend and staunch supporter of Michael Jackson when he was accused of molesting children. Jackson wrote the song “Elizabeth, I Love You” and performed it at her 65th birthday celebration.

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New violence suggests end of calm between Israel and militant Palestinians

Violence between Israel and militant Palestinians rose sharply this week with a bombing in central Jerusalem and a dramatic increase in rocket attacks on southern Israel.

In a terrorist attack on Wednesday afternoon, a bomb planted near a telephone pole exploded near Jerusalem’s International Convention Center, Binyanei Ha’uma, killing a 59-year-old woman and injuring more than two dozen people.

Earlier, rocket attacks from Gaza on Tuesday and Wednesday struck the Israeli cities of Beersheba and Ashdod, injuring one man.

Meanwhile, Israeli forces struck targets in the Gaza Strip, including what the Israeli Air Force described as the rocket launcher from which a Grad rocket was fired at Ashdod on Tuesday night. In one of the Israeli air raids, four members of Islamic Jihad traveling in a car were killed. In another, four Palestinian civilians were killed in an area from which mortar shells had just been fired.

The killing of civilians prompted a statement of regret from Israeli Prime Minister Benjamin Netanyahu, who also said that “It is regrettable that Hamas continues to intentionally rain down dozens of rockets on Israeli civilians even as it uses civilians as human shields.”

The sudden escalation in attacks, coming with Israel still reeling from the March 11 attack in the Jewish West Bank settlement of Itamar in which five family members were stabbed to death, raises fresh questions about the sustainability of the calm that has prevailed between Israel and militant Palestinians since the end of the Gaza war in January 2009.

Since the cease-fire that ended that war, known in Israel as Operation Cast Lead, rocket fire on southern Israel has been sporadic and mostly carried out by groups other than Hamas, which rules the Gaza Strip. But the mortar and rocket attacks in recent weeks, which have included the use of more sophisticated, longer-range missiles known as Grads, have been the work of Hamas—a sign that the shaky cease-fire between the Palestinian terrorist group and Israel may be falling apart.

“I see the escalation is already here in a number of fronts—in the South and also in Jerusalem,” Interior Minister Eli Yishai said at the scene of Wednesday’s explosion in Jerusalem, according to The Jerusalem Post.

In the South, Deputy Prime Minister Silvan Shalom threatened a new operation in the Gaza Strip.

“The period of restraint is over; we must do everything we can to strike out against those who wish to hurt the innocent,” Shalom said on a visit to the site in Beersheba struck Wednesday by two long-range Grad rockets. “I hope it won’t come to another Operation Cast Lead, but if there is no other choice we will launch another operation.”

As of late Wednesday afternoon, no one had taken responsibility for the bombing in Jerusalem, the first major bombing in Israel’s capital city since 2004. More recent deadly terrorist attacks involved gunmen, as in the case of the Mercaz Harav attack in March 2008 that left eight yeshiva students dead, or Palestinians commandeering bulldozers or cars and using them as weapons.

Following Wednesday’s attack, Netanyahu said he would delay a planned trip to Moscow.

Police said the bomb was left in a bag in a telephone booth next to a busy bus stop along a main artery in central Jerusalem about a block from the city’s central bus terminal. The blast blew out the windows of two buses picking up passengers.

JTA Managing Editor Uriel Heilman reported from New York. Israel correspondent Marcy Oster reported from Jerusalem.

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Deadly bomb explosion in Jerusalem – ZAKA Emergency response [PHOTO SLIDESHOW]

ZAKA volunteer Motti Bukchin: “We were sitting in a meeting in the ZAKA headquarters when we heard a huge blast and the whole building shook. We ran into the street, carrying our emergency medical equipment and yellow vests, without even waiting for the news to come on our beepers. When we arrived at the site of the attack, we saw two women lying in huge pools of blood on the pavement. We began resuscitation immediately and were soon joined by other medical personnel from MDA and ZAKA. The two women were evacuated to hospital in serious to critical condition. “

ZAKA Chairman Yehuda Meshi Zahav : “The sights, sounds and the smell took us back to the time of the terror attacks. We treated many other injured people behind the bus stop including a seriously injured, but conscious, yeshiva student. Because of the location of the attack, close to the headquarters of ZAKA and other emergency medical personnel, the injured were treated and evacuated very quickly. ZAKA volunteers are at the site clearing the blood and other body parts from the scene.”

Find more photos like this on EveryJew.com

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H-1B visa season in full swing

As discussed in my previous blog post, the annual H-1B cap quota starts anew on April 1st.  Last year, the cap did not get filled until late January (taking almost 10 months), while in previous years – when the US economy was good – the cap was filled within the first few days.  Since the USCIS begins accepting H-1B petitions on April 1st, most employers and their attorneys aim to file the petitions via overnight mail on March 31st.  In fact, the USCIS usually rejects petitions that were received prior to April 1st.

I’m sure there are a lot of employers out there who are curious about the H-1B process.  While I won’t bore you with the details, I do want to offer a few tips.  First of all, any employer looking to file an H-1B petition on April 1st should have started the process at least one month prior – if not more.  The first step, filing the Labor Condition Application with the Dept of Labor, usually takes a week for approval.  This does not factor in the 10 days the employer has to post the LCA at the workplace.  However, that’s assuming the LCA doesn’t get rejected for a variety of reasons.  One of the most common delays does not even originate from the employer or the attorney.  There have been many instances where the DOL does not recognize the FEIN number (aka Tax ID Number) of the employer – causing the LCA to be denied and requiring the employer to submit written documentation to prove the FEIN.  It could take several days for the DOL to confirm the FEIN and another several days to get the re-submitted LCA approved.  By then, at least three weeks have already passed and you still have to prepare the I-129 and all supporting documents.

In my experience, it’s always best to start the H-1B petition in February if you want to have it filed on April 1st.  As of today, there are only 10 more days before the start of the FY2012 H-1B cap.  I do not anticipate the cap to fill up within the first month (though you never know).  So if you’re still contemplating filing an H-1B petition, it’s certainly not too late to do so.  If you start the process today, an experienced lawyer will probably be able to get it filed by the second week of April.

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