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  • akred
    08-06 01:26 PM
    Seems to me that the problem as usual is that too many people qualify for EB2 thus slowing down "genuine" cases.

    The solution to this is in the hands of the DOL. DOL can reduce the number of people qualifying for EB2 by simply doing away with the "business necessity" exception.

    In other words without this exception, people will qualify for EB2 only if their field requires an advanced degree due to law (e.g. doctors) or if an advanced degree is customary in the profession (e.g. academia). This will reduce the flow to EB2 by disqualifying the large number of professions where an advanced degree is merely discretionary and not mandatory (e.g. MS, MBA)

    But this is a very draconian measure and hopefully does not come into play.





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  • 485Mbe4001
    06-05 06:23 PM
    The biggest mistake one can make is to consider your house as an investment option. Your example is good when you have enough equity and the cost of your house increases from 270k. factor in annual HOA, pmi, maintenance ect and the fact that when you sell you will have to pay ~6% for broker comission. People who were prudent or had the ability to buy during 1999-2003 are doing good so far.
    As for buying in the current market...as they say location...location...location

    here is a slightly technical article about the current interest rate, FC and impact on housing in San Diego.

    http://www.fieldcheckgroup.com/2009/06/04/6-5-beware-real-estate-false-bottoms/

    rent Vs own calculator after factoring in annual home expenses..

    http://www.irvinehousingblog.com/calculator/


    Your leverage is $270,000 in this investment, and you pay 5% interest on it which is tax deductible. You don't suppose one can borrow 270Gs to invest in, per my example, S&P 500 to get 10% annually? Of course the you are able to borrow that much on a home is because it is considered relatively a safe debt for the lender. That can't be said for stocks.

    How/where else will you earn $15,000 (equity) per year by spending $13,500 (interest).

    EDIT:
    Remember, every payment I make, I also include the principal payment, so I am closer to owning more of my home as time passes.





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  • mariner5555
    04-15 04:59 PM
    I suggest you stop looking at national level figures if you are seeking accurate information. Look at the specific neighborhood you have mind and you may find that the situation there is not exactly what is shown on CNN.

    As an example the DFW area is doing alright inspite of the gloomy picture painted by the media at the national level. Used homes will take longer to sell, but it is nowhere as bad as Florida or CA. And we are not discussing selling here anyway...we are discussing buying.
    what is DFW area (is it dallas ) ? I agree with what you say but in 90 % of the areas it will fall.
    In the end people have to take their own decisions and live with it (and I guess thats why many (who have already bought houses) are supporting home ownership) ..that is logical ..no one likes to admit a mistake (not saying it is a mistake).
    my views and thinking is clear on this ..why should I buy something now at a high price ..knowing that it has a good chance of falling down by 10 - 15 %.
    (And on top of it ..when I have to deal with USCIS).





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  • unitednations
    07-17 12:19 PM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)


    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.



    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??

    ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!

    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??




    Thanks.

    I am assuming that you haven't left the country since 2005?

    Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.

    What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.

    Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.

    Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.

    Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).

    The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.



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  • mariner5555
    04-13 12:17 AM
    agree with Jung.lee. if you are in california or florida ..it definitely makes sense to wait. MSN reported that lot of people are just walking away ..
    http://articles.moneycentral.msn.com/Banking/HomeFinancing/HomeownersWhoJustWalkAway.aspx
    -------
    Ismael, 37, still lives in his four-bedroom house in Menifee, Calif., for now. But he is ready to leave.

    "The situation I am in is really ugly," said Ismael, who asked that his last name be omitted. "It's better for me to walk away and leave the stress and everything that is involved in this home. I am about 95% sure I am walking away."

    The single parent of a 3-year-old, Ismael bought his $370,000 home in 2005 for no money down, qualifying on his mid-$40,000s salary. (That's about triple what he might have qualified for under more traditional lending guidelines used in MSN Money's Housing Affordability Calculator.) He was paying $2,700 a month for an adjustable 8.25% loan.
    Photo by Joseph A. Garcia

    Then he and his girlfriend split up, reducing his household income to a single paycheck at the same time the mortgage was adjusting upward. To add to his struggles, the value of his house dropped by $145,000.

    Yadira Maga�a, left, with her children Lizeth Torres, 13, and Conrad Torres III, 10, have lived at her mother's Oxnard, Calif., home since walking away from their previous residence in 2007.
    Yadira Maga�a, a medical biller in her early 30s in Oxnard, Calif., has a similar story. She walked away from her $585,000 home in June 2007. When she bought it, Maga�a thought she had gotten a great deal. She made a $16,000 down payment on the house. But she lived there only eight months before her marriage collapsed.

    She couldn't afford to pay the $4,500 monthly interest-only mortgage, plus taxes and insurance separately, on her own $50,000 income. So she and her two children moved into her mother's house.





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  • alisa
    04-07 12:32 PM
    Why don't we let CompeteAmerica and Bill Gates and the geniuses in congress/senate figure out what the adequate number or H-1s should be. We don't care if the H1 numbers go up, or down, if I am not mistaken.

    We should only oppose increased hardships/obstacles in the form of LCA/administrative hurdles for H-1 renewals. Something that will only enrich the lawyers more, and increase the workload for USCIS.

    Whether there should be 65K H1s, or 115K, or zero. That should not be our concern.



    One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.



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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....





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  • vinabath
    03-26 10:06 AM
    U should look more at Pre-forclosure ( if u can get hold of one) than the foreclosed properties. Most of forclosed properties need substantial investment to fix them. Generally public gets the last chance of good foreclosed properties. It is a bank- real estate nexus which eats up the good inventory before hitting into the market. US home auction is not a real auction but more like a open house for 100 properties at the same time. Quality of inventory is not worth it.

    Excellent point. If you friends with real estate investor, they might get you a deal. Its the same thing like used car sales. If you know the guy who does car auctions all the time you will get a nice car for real cheap. Same thing with houses too. Start looking for a good real estate investor. These people might charge some money for

    1. finding a good deal
    2. going thru auction/shortsale/whatever
    3. fixup the house
    4. help in financing
    5. their profit

    giving that money is worth the hassle.

    The most difficult part finding this person.



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  • sledge_hammer
    03-24 11:51 AM
    Can you please elaborate?

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

    In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.





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  • Waitingnvain
    01-30 10:24 PM
    I have been trying to access the report that Lou Dobbs alluded to in his program. Did anybody find the report. In any case we should counter his BS with facts and send it to CNN.



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  • bfadlia
    01-07 02:16 PM
    Until AD 1100, everybody in Egypt are christians, the arabs conquer there and killed many and convert them. Few are left as christians. Now only 10%. Ask any egyptian christians. They need to pay JAZIA to be live as christians. The language COPTIC now only in church. Coptic sound similar to Latin. Abrabs imposed their language, where ever they conquer. They cut the tongue of people, who spoke native language. See in India, moguls made Urdu and make Arabic script for it.Egyptian christians are only real egyptians. Muslim egyptians are mixed people with Arab warriors. War children.
    Real egyptians are here in USA, you can talk to them, they are nice people no terrorist, brain washed bastards. Go to a coptic chrch and see these people.
    Same happened in Kashmir. Pandits are the real Kashmiris. The Kashmiri muslims are children of the Kashmiri women and arab invaders. Now they kicking real Indian pandits out from kashmir, and they live in own country as refugees.
    In the end all terrorist, satanic nations wiped out at the second coming of Jesus. Those good muslims belive him will be saved. Others will go to hell.

    I guess you meant 700 AD not 1100 AD.
    Here's a something along your train of thought.. before 300 AD all egyptians worshipped the sun god "Ra" until a Roman emperor converted to Christianity and made it the official religion, he still persecuted christian egyptians because the coptic version of christianity differed from his.
    Ra worshippers are the only true egyptians.. any idea where i can find them?
    cheers.





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  • unitednations
    07-09 10:55 AM
    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.

    Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.

    I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.



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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.




    Paskal,

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

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

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


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


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





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  • Mani
    07-14 01:06 AM
    Eliminating concurrent filing of I-140 & I-485 could provide some short term relief for backlogged categories. But again, this would impact new filers in getting their EAD. Any short term solution isn't going to help all EB3 and EB2 folks. The bottom line is that we have limited number of visas and the demand is always greater than the supply. This issue isn't going go away. We will continue to be in this dog eat dog situation until supply is increased (Backlogged Countries Vs ROW, Legal vs Illegal Immigration & now EB2 vs EB3). Please continue to push for Lofgren bills which could get us out of this mess.



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  • BMS
    07-11 10:09 AM
    Thanks Milind70,

    I had submitted the lattest I 94 to my company

    but somehow they filed ext with I 94 that came along with i 797

    now i will get three yr ext with I 140 cleared

    then i can get new i 94 with stamping

    You mean,
    talk to immigration officer now at local off?
    can they correct that i doubt since its already expired and i have new I797 with I94





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  • Arjun
    07-14 08:42 PM
    Still better abolish Eb1/ Eb2/ Eb3 when there is no EBx in H1 then why EBx in GC? come on guys stratification on EB is reality along with preference order set by CIS. What is stopping eb3 guys from moving to eb2?

    you know what it takes to do that. Just think, if you were in eb3 and had applied in 2001 and now suggested to start all over again. It is very easy to say go change your category.



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  • Refugee_New
    01-06 12:45 PM
    Discussion of non EB related issues should be stopped.
    This form should be used for employment related immigration issues, end of discussion.
    I have given you green for it.

    Why do you want to end this discussion? Are you scared of speaking the truth or you don't care the killing of innocent school kids?





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  • Macaca
    04-23 08:32 AM
    Lobbyists Profit From Power Shift In Congress As Democrats Get Jobs, Republicans Stay On (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/22/AR2007042201021.html), By Jeffrey H. Birnbaum, Washington Post Staff Writer, Monday, April 23, 2007

    The Democratic takeover of Congress has not only been good business for Democratic lobbyists, but it has also turned into a bipartisan boon: In the four months since the midterm elections, the number of new lobbyist registrations has nearly doubled to 2,232 from 1,222 in the comparable period a year earlier.

    "We're having a huge surge in business right now," said David M. Carmen, president of the Carmen Group, a mid-size lobbying shop that has added both Democratic and Republican lobbyists since the elections. "We are up almost 30 percent compared to last year."

    "There's more activity than I've seen in a long time," said Rhod Shaw, president of the Alpine Group, a bipartisan lobbying firm that has grown about 10 percent this year.

    The main reason for the surge is the need of interest groups and corporations to get access to -- and understand the thinking of -- a new set of Democratic chairmen in Congress and the constituencies that they listen to, such as labor unions, environmentalists and trial lawyers. Hundreds of Democratic lobbyists have been hired for that purpose.

    But those doing the hiring have kept most of their GOP help because Republicans, especially in the closely divided Senate, still have key roles in passing or, more often, blocking legislation that corporations care about. For example, Republican lobbyists are working overtime in the Senate to stop bills to reduce Medicare drug prices and cut oil-and-gas drilling subsidies.

    Republican lobbyists remain in demand also because the Bush administration continues to churn out regulations that affect businesses.

    "Business is going up for the Democrats in our shop," said J. J. Steven Hart, chief executive of Williams & Jensen, a bipartisan lobbying law firm. "But business is going up for Senate Republican lobbyists and Republicans who work with the administration, too." Hart said his business was up 7 to 10 percent over last year.

    The increase has its irony: Democrats won their majority in part by attacking Republicans for getting too cozy with influence peddlers.

    Lobbying firms raking in the extra dollars have attracted new clients from almost every industry.

    Washington's largest lobbying law firm, Patton Boggs, has nearly tripled -- to 75 from 27 a year ago -- the number of clients who have recently hired the firm or have expanded the work they want it to do. "There's an increase in business across the board," said Edward J. Newberry, Patton Boggs's deputy managing partner.

    Smaller firms also are getting more business. Revenue at Venn Strategies, a tax lobbying specialist, has increased about 35 percent in the first quarter, compared with the first quarter last year. "It's a very big increase," said Stephanie E. Silverman, a principal at the firm.

    For lobbying shops that employ only Democrats, there has been a gusher of new business. Steven A. Elmendorf, a former Democratic leadership aide in the House, opened his firm in December with one other lobbyist and 10 clients. Today he has 17 clients. Two lobbyists work with him and he is looking to add more. His new clients include Microsoft, Union Pacific and Home Depot.

    Another all-Democratic lobbying shop, Glover Park Group, has grown even faster. "It's fair to say that our lobbying revenue has about doubled since the first of the year," partner Joel P. Johnson said. "And the number of accounts has roughly doubled as well."

    All-Republican lobbying firms have not enjoyed the same expansion. A few of the smaller ones have lost business, but the largest have not fallen behind.

    Fierce Isakowitz & Blalock, which had $4 million in lobbying income last year, is on the same pace this year. "Our business is stable and probably up a little bit from a year ago," said Mark Isakowitz, the firm's president. Most of the companies that had contracts with his firm have stayed and hired Democratic lobbyists separately.

    The capital's largest all-Republican lobbying firm, Barbour Griffith & Rogers, is having a similar experience. O2Diesel, which makes ethanol-diesel fuel, recently hired the firm. "We're trying to get awareness at all levels of government of our product," said Alan Rae, the company's chief executive. "Some issues are not partisan."

    And there is even a new all-Republican lobbying firm -- the partnership of two former Republican aides, one from the House and one from the Senate. Ice Miller Strategies opened last month with two clients, including a drug company, and plans to hire a Democrat soon. "There are plenty of issues that share bipartisan support," said Graham Hill, former staff director of the House Transportation and Infrastructure Committee. "You need to have both parties engaged to get them passed."

    Corporations and trade associations searching for new leaders have hired mostly Democrats. Former representative David McCurdy (D-Okla.), president of the Electronic Industries Alliance, became president of the Alliance of Automobile Manufacturers in February. The failed attempt by Republicans to prevent McCurdy from getting his job with the electronics group a dozen years ago was the start of their K Street Project.

    Not all the plum association slots are going to Democrats. Steven C. Anderson, a Republican who led the National Restaurant Association, was named president of the National Association of Chain Drug Stores in February.

    "Given the political realities right now, a majority of the trade groups and corporations are looking for individuals who have good relationships on the Democratic side, but it's not a complete reversal," said Nels B. Olson of Korn-Ferry International, an executive search firm.

    "People want somebody who can work both sides of the political aisle, and they don't want a political lightning rod," said Leslie Hortum, a headhunter at Spencer Stuart.

    In a town that is sometimes run by Republicans, sometimes by Democrats and usually by both, "our clients are looking for people who are well respected by both parties and could care less whether they wear an 'R' or a 'D' on their lapel," said Eric Vautour of the search firm Russell Reynolds Associates.

    In the meantime, lobbying firms are busy. "Usually at the beginning of a new Congress there's a drop-off in business as the last year's projects end, and later you bring new businesses in," said Shawn H. Smeallie, managing director of the American Continental Group, a mostly Republican lobbying firm. "But this year, for a change, we've increased."





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  • nojoke
    01-03 03:36 AM
    Screw Dawood Ibrahim. He is the past.

    What is important right now is to get hold of the masterminds of Bombay in a transparent and credible manner. That would be in the long term self-interest of Pakistan (and India, and the world).

    Tomorrow the Bombay attack is old too. You are delusional and good making up reasons.:D:D:D:D:D
    How about an apology for what your country men did as a first step? Then we will consider your advice about what we should do. You are so good at giving advice to people who suffered at your country men's(like don't start war etc) hands and yet you don't own any responsibility.





    vinabath
    03-25 04:40 PM
    BiggerPockets.com looks like a nice website. It's for real estate investors. I just signed up on this web-site as I'm closing on a 4-family house next month.

    If you make money using Biggerpockets... send me $100.:D





    GCwaitforever
    07-09 07:18 AM
    Employers dont just go around spending thousands of dollars on H1B fees and greencard fees to hire a guy with foreign accent if a native citizen was available. And they do not underpay them, because they HAVE to pay prevailing wages based on the wages determined by the Department of labor.

    Just wanted to let you know that the employer has to pay at least the prevailing wage for a starter to qualify the petition. The employer also has to pay a median wage to the H-1B holder that is commensurate with similarly qualified employees in the company. Otherwise the employer could be prosecuted for wage violations.

    Norm Matloff's figures are faulty because he measures only the prevailing wage as a yardstick which is the bare minimum for qualification. And then he claims H-1Bs are undercutting American employees. No wonder, if you make calculations with lower figures, on the average, H-1Bs look as if they are getting paid less than American employees. To get the actual picture, Norm needs to know actual wages of H-1B employees, which is not possible because not all employers divulge employee pay. As long as the figures can be taken to one's advantage, we always will have these critics running around with distorted graphs and figures.

    One reform Zazona.com should support and fight for in EB Greencards is making the application employee-centric, not employer-centric. Current procedure is in a way bondage to the employer, especially when USCIS takes a long time with multiple stages (read delays) that too not bothering about how long the application has been pending. If USCIS processing improves and they try to reach out to their customers, then a wait of one or two years for Greencard should not be an issue. Infact, I support instant GC proposal in that case.

    Regarding the claims of stealing jobs, I see tons of job advertisements weekly. Many of these ads specifically exclude non-sponsorship candidates (read H-1Bs). US citizens have a bigger market and better opportunities than H-1Bs. I am not sure how it is not possible for them to get jobs. As Logiclife mentioned, the unemployment rate is 2% in IT field. Perhaps people are not prepared to move to areas where jobs are growing. I can not specukate any more on that.



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