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  • hiralal
    06-25 10:48 PM
    Just as an example, this may be an anomaly, but I know this Australian Indian citizen, who has recently bought 2 houses in the LA Valley and is having no issues filling them with contractors so far (1 my friend), even in this economy. He works on SAP projects traveling on H1 , but is in Aussie land most of the time, with his family. The rent more than pays off his mortgage.
    I have only one sentence to say the movie "pacific heights" ..I was watching it now and that is a perfect movie for those who intend to rent their homes.
    (ofcourse it is just a movie ..but very interesting, worth watching for everyone and gives you some knowledge too. what you have mentioned is the best case scenario ..the movie is the worst case scenario. as always, reality is somewhere in between).
    personally there are better ways to make money ..for me diversify is the key word ..(rather than everything in real estate or everything in stock ...and yes, you need to watch the money you have like a hawk (and that is difficult when you give your house on rent ..for eg how do you find out if only the tenant's family is living there - or whether he has sub leased to 2-3 families etc etc)

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  • GCScrewed
    07-13 06:04 PM
    willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first.
    Whether EB1 is presently retrogressed or not doesn't matter.
    Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
    Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.

    I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.

    DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.

    Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.

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  • go_guy123
    07-28 03:29 PM
    Atleast republicans listen to Microsoft, Google etc and gives some visa etc...AllObama does is warn about Indians and Chinese growth

    You are right... dealing with Republicans is easier ....they listen to American Chamber of Commerce, ITAA et al. When Tom Delay was was straight forward. you fund GOP, we will look after you.

    GOP taps the cash of industry...and leverages the anger of extreme right (mainly against illegal immigrants, gays and anti-gun/anti-god issues) Works good for skilled immigrants.

    Yes there are nuts like...Tom Tancredo but GOP whips takes care of those (Note: GOP is a party that demands loyalty. Had it being the GOP, they would have extarcted revenge from Joe Liberman for disloyaty). It is the democratic paty that has historically faced infighting.
    Since 1994 it was the GOP in charge and thats also a reason H1B got the AC21 etc.

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  • Macaca
    12-27 06:24 PM
    The Year That Was: Corruption Scandals of 2010 ( By Tripti Lahiri | IndiaRealTime

    This week, as we countdown to 2011, India Real Time casts a look back at the big news events of this year.

    We�re not sure we can say it was the best of times, but sometimes it certainly felt like the worst of times, at least for the Congress-led government, which saw a series of corruption scandals unfold on its watch.

    Here are the top five scandals of 2010, in chronological order:

    Tharoorgate: In April, then junior foreign minister Shashi Tharoor, a first-time MP from Kerala, was forced to resign after Indian Premier League founder Lalit Kumar Modi raised questions on Twitter about the equity given to a woman close to Mr. Tharoor in a consortium that successfully bid for a new franchise for an Indian Premier League cricket team.

    Mr. Tharoor denied that he stood to gain financially from the team, which was to represent a Kerala city.

    The ruckus led income-tax authorities to examine the ownership holdings in the league�s other teams. Meanwhile the body that regulates cricket in India began to look at Mr. Modi�s financial dealings with regard to the league and also relieved him of his post as IPL commissioner.

    By the end of 2010 Mr. Tharoor and the woman, public relations executive Sunanda Pushkar were married. It also looks like a team from Kochi will play in the next season of the Indian Premier League.

    The Commonwealth Games: The Games, estimated to cost $6 billion, were plagued by allegations of financial mismanagement, instances of work safety violations, construction accidents and extreme delays in the preparations.

    At one point it seemed possible that the Games may not take place at all as visiting delegations complained of filthy and incomplete worker accommodations and health concerns around dengue stemming a surge in mosquitoes in Delhi as a result of heavy monsoon rains this year.

    It looked set to be a national embarrassment but a snazzy opening ceremony smoothed things over and roused some sporting spirit from Delhi residents, though there continued to be reports of disorganization, including around ticket sales and with getting real-time results from the events.

    After the event, the prime minster promised a full investigation. On Friday, the Central Bureau of Investigation agency officials searched the office and residence of Indian Olympic Association president Suresh Kalmadi, chief Games organizer, and his assistant. Earlier, two other organizing officials were arrested.

    2G: The scandal over the potential revenue lost from from giving discounted spectrum to telecom companies in 2008 is the biggest of them all.

    The Controller and Auditor General said in November that the flawed allocation may have cost the government $40 billion in lost revenue, and the size of that figure has stoke public ire and given the opposition Bharatiya Janata Party loads of ammunition to attack the government.

    Ahead of the report being tabled in Parliament, Telecom minister A. Raja stepped down on Nov. 14, though he maintains he did nothing wrong. The Central Bureau of Investigation questioned him on Friday and Saturday.

    The 2G scandal led to even more wastage of taxpayer money than the $40 billion the audit report mentioned. The stalemate between the Congress and the BJP over the opposition�s demand for a parliamentary inquiry led to a parliamentary session that, according to some news reports, saw less than 10 hours of work take place.

    Tapegate: Just as the storm of criticism around the Congress Party�s record on governance was at its height, news reports appeared in two magazines that shifted the spotlight away from Mr. Raja and the spectrum allocations and on to reporters instead.

    The news reports carried transcripts of leaked phone taps of conversations between top reporters like NDTV�s Barkha Dutt, Hindustan Times columnist Vir Sanghvi, senior editors at various business dailies and corporate lobbyist Niira Radia, who represents the Tata Group and Reliance Industries chair Mukesh Ambani. The conversations were tapped by the income tax department after a tip-off that Ms. Radia might be a spy.

    The leaked conversations led many Indians to feel jaded with the news media, so far a fairly respected pillar of Indian democracy for its sting operations on officials. They accused influential journalists of being too close to corporate and political interests and of concealing the real news. Ms. Dutt and Mr. Sanghvi have said they did not pass on any messages on behalf of Ms. Radia, and that she was just one of many useful sources.

    This scandal made bigger news on Twitter than in the Indian press at first, and distracted attention away from the 2G investigation for a good month.

    Loan-fixing: And if all that wasn�t enough, in late November came the news that eight people had been arrested, including officials from the state-run Life Insurance Corporation�s mortgage arm, state-run banks and an investment firm. The Central Bureau of Investigation said the men collaborated in a conspiracy to funnel loan money to certain firms in exchange for bribes.


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  • ss1026
    12-20 03:32 PM
    I was saddened and anguised with the terrrorist attacks that happened in Mumbai. I hope India follows up on its tough talk and goes after the perpetrators, no matter their affliation or the consequences. That was a provocation and I would love to see LeT or anyone else responsible to pay for it.

    But It is sad to see 'educated individuals' channeling their anger to demonize muslims who are equally upset with the Mumbai incident. Just like any religion/race, there are extreme elements among muslims. But this guilt-by-association should not have any place in modern society though sadly it does. There have been subtle and some not-so-subtle attempts on IV to protray all muslims as terrorists or all terrorists as muslim.

    I agree that there are a lot of current terrorist activities that can be attributed to muslims and I condemn them. But Indian muslims have stood up against this latest incident. They are asked to wear their allegiance on the sleeve as if they are in some way responsible for this heinous crime. There are numerous examples of non-muslims who are terrorists but in my view that does not render the whole community as such. The gujarat genocide, the attacks on christians in Orissa and other parts are led by the VHP/RSS but the right wing marketing blitz has been so effective, a lot of people have defended this as a reaction. That is exactly the kind of excuse the LeT or any other terrorist organization would make.

    Why is it so hard to say - Lets punish the guilty irrespective of their name or religion. Lets have a transparent Criminal justice system. Lets investigate any crime before guilty verdict is pronounced. That would render ineffective any propaganda that extremists use to recruit new members. Most of the people in this forum live in America and the law of this country would be in my view a good example of punishing the guilty irrespective of who and where they come from.

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  • BMS
    07-10 07:01 PM
    My situation goes something like this.

    1) I got 7th year extension in Sep 2005
    2) Visited India and got stamped and got new I-94 on return.
    3) Applied for 8th year extension without submitting new I-94.
    but applied with old replacement I-94 came with I-797.
    4) So the same I-94 continued on subsequent I-797 extensions.
    5) Recently applied for 9th year extension with the same.

    My Question is, do I need to submit last entry I-94 card that I missed which is expired now, for correction? Or is there any issue with this.
    All these years I have the same employer.

    I appreciate your help on this.



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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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  • my2cents
    04-13 09:56 PM
    i can not speak for everybody but
    i bought in east coast in 2004 for $330K. it peaked to $425K in 2006 and now it is somewhere $350K. it may go even go down to $300K

    I will break even if i stay for another 3 years. (total 7 years)
    If renting then : 110K in rent with no benefits for 7 years.

    Good Side:
    - Tax benefits with dual income. ( proabably $300 per month)
    - Bigger house

    Bad Side:
    IF i have to sell now then will be loss for me for sure so key is location and how long u stay.


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  • unitednations
    03-26 05:51 PM
    Does this mean that H1B is also location specific?

    There has been no definitive guidance. H-1b is specific to company, candidate with job duties. If there is a "material change" then it should be amended.

    Material change has not been defined in all encompassing ways. it is a gray area whether one needs to amend h-1b for another location. In that particular case; aao seemed to imply that another work location was a material change. There was no follow up after they made the decision. One of the posters who participated on that thread said that he knew that particular person and after that decsion his lawyer showed LCA's and the case was approved.

    However; it still wasn't conclusive of whether that was good enough. Reason being was that the candidates labor was filed in 2000 and he had 245i protection and that in itself would have protected him from his out of status issues; ultimately on that specific case of working on different locations would not have had an impact because he was protected in other ways.

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  • gcgonewild
    07-28 01:59 PM
    Come the November Elections, Dems could lose 10 in Senate..

    And we are back to square one.

    Dejavu 2007/2008 ;

    If this happens, no bill will pass, leave alone Immigration Reform.

    Republicans will keep sending bills and Obama will Veto 'em.

    I regret the day when Obama became the president, he is just another politician who does not give a damn about EB2,EB3....he is just worried about "re-uniting families" (aka supporter of illegal immigration)


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  • vroapp
    04-12 03:05 PM

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  • pani_6
    07-13 01:15 PM
    What ever you might say Lawyers acted in DOL advise..

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


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  • apt29
    07-29 03:36 PM
    I regret the day when Obama became the president, he is just another politician who does not give a damn about EB2,EB3....he is just worried about "re-uniting families" (aka supporter of illegal immigration)

    I am no supporter of either party. To be fair, the economy could have collapsed without him and most of us could have been back home by now.

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  • GCwaitforever
    07-15 07:06 AM
    May be we should start an advisory service for H-1B immigrants on their rights, how to fight abusive employers etc ... Best way to go would be setting up a non-profit with initial discussions happening in a local community center hall (Church, Mosque, temple, public library, or even a local cafe). We could even recruit a kind-hearted lawyer on pro-bono basis. When we open chapters at every city where immigrant population is clustered, this will cover most of the immigrants.

    We are wondering why IV is not getting enough members enrolling. Setting up this non-profit would be a step in brining activisism in EB immigrants and from then on, they will be readily participating in fighting for their rights. Then we would have a grassroot support organization. Any thoughts/comments, please let me know.


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  • NKR
    04-14 03:39 PM
    Where do you get the idea that the child will loose the life in apartments and then get back after buying a house?:confused:

    Unfortunately time will never move in reverse and will move in just one direction. A childhood gone is gone. It will never come back. We all want good things for our kids. My perception of good thing is different from yours. If my kid says that he wants to live in an apartment I will move to an apartment, that�s a given.

    It would be nice if we can buy the house on the day one when we join the job. Or even nicer if our parents got us a house in US before we came here:D.

    Fantasizing is ok but when you are dreaming, you cannot have sweet dreams all the time, sometimes you will have nightmares..

    Unfortunately there are circumstances that prevent us buying a house. The biggest one is this bubble and the madness of multiple bidding that insanely pushed the real estate prices, all the while the realtors and mortgage brokers where making 300K or 500K yearly income selling shoe boxes for half a million and generating slogans like "you will be priced out forever", "they are not manufacturing any more land", "housing is always a good investment", "renting is throwing away money".

    Agreed. The decision to buy rests on an individual and to his/her situation, no one wants to buy when things are not conducive.

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  • validIV
    06-25 02:37 PM
    And according to your theory, renting is a better investment? Throwing your money away is a good investment to you? Then I don't think we are on the same page.

    There are many homeowners who are underwater but not foreclosed. That does not make it a good investment. All I'm pointing out is unless your property's rent covers your monthly mortgage+property tax+insurance+maintenance and upkeep it can not be called a good investment. You should have positive (at least non negative) cash flow out of your rental properties. Is this a general case? I think not. At least in my area I'm 100% sure rent does not cover mortgage and the difference between the two is significant.

    If you have a negative cash flow on your rental properties then the only thing you are betting on is price appreciation of your properties (above inflation) in future which is speculation again.


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  • anand2007
    07-07 11:42 PM
    I wish you a good luck and hope that your issue will be solved. contact good lawyer soon.

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  • unitednations
    03-26 03:24 PM

    So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?


    what i have learned is uscis can do anything at any time if they want to.

    They have different legal cases that they would use if they thought companies/people were doing things that they didn't like. From all the research/cases I have seen, come across; I concluded that uscis could apply these cases to everyone if they wish.

    However; they do not apply it to everyone.

    The h-1b defnesor vs. meissner is something that california service center has beendoing for many, many years and everyone has adjusted to it who file through california.

    However; vermont never used that case. Now; they are using that case as a justification to deny h-1b's across the board for staffing companies because they think there is a lot of fraud involved in the petitions. Califiornia; doesn't apply the case becasue they think there is fraud but rather they are doing what they think is lawful.

    That's why I tell everyone that before you start getting into advoacy; you have to know all the powers that USCIS has and how they can really start making things difficult for everyone.

    Right now; they are not using that case on 140's. If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll (this will generally be the case as consultants come and go and use ac21) then there might be a shift.

    In last eight years; most of the public memos issued by uscis have been employee/candidate friendly. However, those memos can change at any time based on economic and political winds.

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  • nk2006
    09-30 02:54 PM
    Yes, you are right, the recent 485 denials for people using AC-21 have nothing to do with Obama/Durbin immigtaion policy. But I kind of remember there were some harsh provisions for people using AC 21 in CIR 2007 version. I am trying to find out the details about it.
    Correct me if I am wrong.

    I dont think there were any provisions in 2007 CIR that curtail job movement using AC21 for greencard holders. I think we are over-analyzing this - that Sen.Durbin is against lot of H1B provisions is evident. Also he may not be in favor of visa-recapture for EB immigrants - but I dont think he will single handedly drive immigration rules and make the life of all EB immigrants tough. He may have some support in changing the rules in H1B - but I dont think even he is not that negative regarding GC aspects - even if he is, may not get widespread support for it in congress.

    Also Obama has shown his governing style (from the campaign, debate etc) - which is very level headed based on a bunch of things and discussions rather than following "one" ideological path blindly. If at all I think his administration will be more favorable to EB GC reform and somewhat unfavorable H1B reform (and completely pro-undocumented reform just like McCain). This is based on my interpretation of his immigration policies on his site and based on his general campaign.

    04-15 10:16 PM
    The evidence is overwhelming. The housing will go down so much that there will be hard lessons learned. No one will talk about investing in housing for a long time. I want to buy a house too. I just don't think you pay whatever the inflated price is demanded and throw away my hard earned money. You pay what is worth. Why do you insist that everyone has to participate in this ponzi scheme and keep the price inflated? Housing should be affordable and come to sane levels and I believe it will.

    Ok Dude, I will try just one last time, nobody is advocating buying a house when the market is bad. The question someone asked was is it ok to buy a house when I485 is pending, and the answer given was if he has found a very good deal, in a very good location and considering his situation if it is affordable then I485 should not be a hindrance. People who were still on H1 have bought a house when the market was good and they are doing well now. Some people who got GC might have bought a house just before the market came crashing down and they were plain unlucky. I myself bought a small affordable home when I had just my labor stage cleared. If when I bought this house the market was like this, I would not have bought but would have waited. Period.

    And for those who become nostalgic. I myself was bought up in a small house, it had only two rooms, I repeat, the whole house had just two rooms, nothing else. We had to share a toilet with 3 other houses of similar size, was I happy then?, Of course I was happy, I used to play cricket and other sports on the street with other kids with vehicles passing by once in a while. Is the situation same here?. No, but do kids here have other ways of having fun, oh yes. It doesn�t matter if the kid is living in an apartment or a house, all that matters is if he is having fun. Somebody came up with a strange logic that our love for our kids will diminish if we buy a house. If you have bought a decent, affordable house your love will not diminish, it will only manifold.

    I am not against renting, nor against people living in an apartment, I myself have lived in apartments before. I am against people who only want to save for god knows what, for people who are afraid to take small risks (for ex: buying a small home and not a mansion) when the market becomes good, they will ask you to prepare for the worst case scenario. They will say don�t buy a house because the sky will fall or don�t buy because the world will come to an end. Nothing is permanent here, not the job, not the location. You just have to take calculated risks. You just cannot console yourself saying you are from middle class and cannot do a thing, lift yourself up. If you want to buy a house but you are not doing it now because the market is bad, then I am not against you, so don�t jump on me.

    08-05 01:40 PM
    A little girl asked her mother, 'How did the human race appear?'

    The mother answered, 'God made Adam and Eve and they had children and so was all mankind made.'

    Two days later the girl asked her father the same question. The father answered, 'Many years ago there were monkeys from which the human race evolved.'

    The confused girl returned to her mother and said, 'Mom, how is it possible that you told me the human race was created by God, and Dad said they developed from monkeys?'

    The mother answered, 'Well, dear, it is very simple. I told you about my side of the family and your father told you about his.'

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