Monday, June 27, 2011

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  • eb3India
    04-06 08:39 PM
    you need to touch the bottom of barrel to go on another direction, this will be the bottom of the barrel I suppose

    these protectionist will realize as many H1B dependent companies virtual outsource all there jobs

    well in all seriousness I don't think this bill will be passed in senate,




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  • jung.lee
    04-05 04:27 PM
    fide champ,

    If you can swing it in today's markets, and live through your losses, then go for it! You know your own financial and family situation the best, so only you are in really in the best position to judge what's right.

    I am in SoCal but I follow NJ through the following blog: http://njrereport.com/. Hope it helps.

    Good luck,

    JL




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  • inspectorfox
    03-23 03:23 AM
    Immigration uncertainties should not be a reason for not buying a house in the US. In my opinion it�s always best to buy a house considering it as a long term investment � You will eventually build equity even though the present US housing market is in doldrums.

    I played the housing game differently to minimize the risks associated with my present immigration scenario (I am on 8th year H1B with I140 pending since Oct 2006)...
    1) I did not buy an expensive place even though I could easily qualify for $500K mortgage.
    2) I put only 3% down payment on my mortgage instead of conventional 20%. It was a difficult decision to make due to PMI but I feel more secure with cash liquidity.

    I am an optimistic person but here is my realistic backup strategy if anything falls apart due to immigration (Worse case scenario) -

    1) Sell the house and move out of the US (Housing market conditions could be a determining factor)
    2) Rent the house (I don't think this should be a problem... LOCATION is the key)
    3) Go into Foreclosure (Highly unlikely but you are destined to be screwed anyways)

    Does anyone have a better backup plan? Please share here :)




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  • walking_dude
    09-30 09:17 PM
    After the bail-out bill failed in the House, Obama immediately posted a response reassuring Americans and investors that the leaders will come up with another soon.

    Contrast this with McCains partisan blaming of Obama for failure of bailout, while it was him that pulled the stunt of rushing to Washington to 'rescue' the bailout. After failing to show the leadership of his own party -with majority of Repubs voting against the bailout (a clear indication of leadership failure and ineffectiveness of McCain Presidency in passing anything through his own party!), he found it convenient to Obama.

    And it was Obama who proposed raising FDIC insurance to $250,000 to which McCain has (thankfully) chimed in.



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  • OLDMONK
    07-08 09:06 PM
    I read these desperate cases where a whole lot of IV'ers try to help with their best understanding of Immigration Law. Including veterans like UN and others who have been through hoops, successes and failures in assesing a particular case.

    My personal understanding is that NO 2 two cases are identical for USCIS and there is a term "Officer Discretion" which comes into play a lot. This Discretion is more positive to the applicant when a case is prepared prefessionaly and a little negative when done without care.

    Also even though the individual affected tries to provide the information to get the best solution does not mean he/she has provided 100% information based on facts of the case. There could be something missed out easily just because that does not ring the bell for the person submitting the information or simply because the information is too private and not appropriate on a public forum.

    My point is these forums are not meant for a realistic solution to a complicated issue like the one on this thread. Please get a good attorney and that does not only mean Murthy or Khanna. There are tons of attorneys available both good and competent and affordable and who may have a solution which appeals USCIS officer.

    Best of Luck.




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  • mbartosik
    04-09 12:23 AM
    We've met with a lot of law makers and their aids, and really the housing down turn is not an argument for GC that is productive to use. If I get 30 minutes with a law maker's aid, each minute is valuable I can muster many more compelling arguments in that time.

    So to answer your question: yes IV has considered this, but only for about 2 seconds. It is something that is not worth raising with law makers or media.

    ---------
    When I bought my house no one was bothered about I485 etc., partly because they thought prices only moved up, and more importantly I had over 20% deposit, I had the money credit score and an SSN that's all they cared about then. I would only put mortgage in name of people with SSN, do not use tax payer ID. My wife does not have SSN, and it causes delays and hassle for things like credit cards. Also hope you have US driver license that is not marked as temporary as I could see that causing trouble at closing if someone is overly fussy.



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  • unitednations
    08-09 02:20 PM
    While most of us here have US Citizenship as their long term goal, they overlook that fact and focus on manipulating stuff to get a GC which might have severe consequences while applying for Naturalization.

    Let me share with you the story of my friend who just got his US Citizenship in 2007.

    He was out of status without salary for around 6 months during the recession time (2001/2002) and didn�t have W2 for that period either. When USCIS questioned his out of status, he just submitted a letter from the employer stating that they owe some $$$ during that period and will be running his back pay at the earliest. This letter nullified his out of status and was sufficient to satisfy the IO to get his I-485 approved.

    Infact, the company in question didn�t run his back pay at all after his I-485 approval and went bankrupt.

    While applying for Naturalization, one of the items that the beneficiary has to prove is �Good Moral Character�. While scrutinizing his records they found that he didn�t file his tax returns during the year in question and denied his naturalization.

    He had to run from pillar to post and finally got hold of a good attorney who was able to prove that the employer who was supposed to pay the back wages went bankrupt and hence he wasn�t paid, because of which he could file his tax returns. He submitted a letter with proof of bankruptcy and succeeded in his appeal resulting in approval. The whole case dragged for around a year.

    Hence please pay attention to every minute detail before and after you get your GC, so that you don�t end up in a mess while applying for naturalization.

    I second that notion. Although very rare that uscis adjudicators can go that deep in naturalization; it isn't over when you get a greencard, contrary to what many people think.




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  • StuckInTheMuck
    08-06 10:37 AM
    I agree. I was not talking of the USCIS point of view, but our point of view (reflecting on the last line of the original post) :)



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  • unitednations
    07-10 12:50 PM
    Such mistakes can be corrected by CBP defered inspectors but they will only correct typo errors by the CBP at POE . For other mistakes u need to file Form I 102 with USCIS.


    That's correct spelling mistakes, etc., can be corrected if you go back to the port of entry who generated the I-94 card.

    I 102 is more for replacement of an I-94 card.

    However; POE entering you on a wrong companies h-1b isn't so easily correctible after the fact.

    In situations such as this; it is better to go back out and re-enter with proper company h-1b.

    In May and June before people were getting ready to file the 485's a lot of these issues were found in reviewing their files/history. Many people had their visas expired and they didn't want to go for visa stamping. What many people did was go to Canada and use auto revalidation and then re-enter USA on the proper companies h-1b and/or get a new I-94 card and also reset the 245k benefit since it is measured from the date of last entry to filing the 485.




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  • OLDMONK
    07-08 09:06 PM
    I read these desperate cases where a whole lot of IV'ers try to help with their best understanding of Immigration Law. Including veterans like UN and others who have been through hoops, successes and failures in assesing a particular case.

    My personal understanding is that NO 2 two cases are identical for USCIS and there is a term "Officer Discretion" which comes into play a lot. This Discretion is more positive to the applicant when a case is prepared prefessionaly and a little negative when done without care.

    Also even though the individual affected tries to provide the information to get the best solution does not mean he/she has provided 100% information based on facts of the case. There could be something missed out easily just because that does not ring the bell for the person submitting the information or simply because the information is too private and not appropriate on a public forum.

    My point is these forums are not meant for a realistic solution to a complicated issue like the one on this thread. Please get a good attorney and that does not only mean Murthy or Khanna. There are tons of attorneys available both good and competent and affordable and who may have a solution which appeals USCIS officer.

    Best of Luck.



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  • nojoke
    01-04 04:22 PM
    Your leaps from me to Pakistan, and vice versa, are getting annoying now. You talk about what my views on Dawood Ibrahim are in one sentence, and in the next you conclude that that shows something on the part of Pakistan.

    Now, for the last time, I personally think that it would be beneficial for Pakistan to investigate and get to the bottom of the Bombay incident, and use it as an opportunity to further build public opinion in Pakistan against the militants and the jihadists. (Sadly, I don't see that happening.) The perpetrators of Bombay should be tried for treason for attempting to start a war with India. To me, that is more important, than Masood Azhar, and Dawood Ebrahim, and the past.

    Again, that is my personal opinion on what is important. You are more than welcome to disagree with it. But don't suggest that what I think proves something about official Pakistani policy.

    See you go round in circles. You ask specifics, when cornered you move away from specifics. How many times do we need to start again? No body is going to be caught and there is going to be another attack in India and then the Bombay will become the past and we need to forget the past and we have to start all over again. There has been plenty of 'opportunities' in the past and they all ended in the same way. There will opportunities in the future and they will end the same way. There is only one way the opportunities can be meaningful - 'stop pretending to be sleeping'.




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  • alterego
    09-27 10:39 AM
    I wish Obama wins. His team has more clarity on many issues and he has the zeal like JFK for making things happen. But, a big but - I am very concerned about our Employment Based immigration. If he gets to win (I wish he does..as someone who want to see America regain it's global position not just with might but also being morally right), I am worried if it would be Sen. Durbin who will dictate the immigration policy.

    I wish we get some clarity in this aspect. In the economic downturn, I wish to work more than I ever did and see that US comes out of recession fast. But for that I have to be inside the country first. I have to be given a fair chance to contribute to this economy first and I need to be treated with respect and honor.


    Sen. Durbin's position on this issue and his closeness to Sen. Obama is certainly a cause for concern, however, one thing I have noticed over and over with Sen. Obama is that he is a cerebral pragmatist with a fairly decent judgement. He is not a locked in ideologue, when a rational argument is put to him he tends not to be dogmatic like the current president and instead will try to cut a deal.
    To get the support of republican moderates in any CIR legislation pro business immigration policies will need to be included in an Obama administration. No doubt the legislation will include some H1b restrictions, but they may be more open to EB visa recapture etc. That will atleast get those in the 485 queue some relief. Noone can reason with the Sen. Sessions and Rep. Kings of the congress. The same group that is so ultra conservative that they basically openly revolted with their president on numerous issues including the current economic rescue package.
    My fear with a Sen. McCain administration is that on the immigration issue, whatever his personal views, we will see another 4 yrs similar to the last 4 on immigration! He will get nowhere moving his party either. Pres. Bush is about as pro CIR as they come, he tried and tried very hard, but to no avail with the Congress. Even before the election, you can see the disagreements between McCain and the extreme right wing conservatives. Atleast with Obama, the scene will be shaken up, noone knows where it ends up, but atleast there is a chance the gridlock will be broken.



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  • unitednations
    08-03 08:50 PM
    Do you really think they would send the G-325a to the consulate? Do the consulates keep all the records? For how long? I heard from immigrationportal, somebody said they only send G-325a to the consulate if one applied a visa within one year prior to AOS application. Can anyone confirm this?

    If they send everyone's G-325a form to the consulates, would that result in another backlog? Thanks.


    How come the concern???

    USCIS forms ask questions for a reason right? They ask for the visa number, consulate issued, etc. There are a lot of inter-agency checks. When people are stuck in background check; it is a whole host of things that they check. Most of what they check is confidential and isn't even public; they are more investigative techniques.




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  • redgreen
    08-05 10:03 AM
    Many are supporting 'porting'. Then why are they opposing 'substitution'??
    The original poster never said that an EB3 should not apply for EB2. But after a few years when they can apply in EB2 they should not be considered they were already in EB2 all those years! There is no logic in it. I understand the frustration of everybody who is waiting for GC for several years. But laws should be based on some logic. Consider people who didn't apply for GC for years even though they were eligible! Are you people saying that they should get priority over people who applied??



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  • unseenguy
    06-23 05:30 PM
    I am shocked to see the HOA cost in CA, Why is HOA so high there, Obviously CA does not get snow like East coast for 4-6 months, so snow mowing and salt sprinkling(which is expensive) is ruled out.
    Just to mow lawn, gardening and keeping tab on overall resident development you pay $400/month..Thats ridiculously high...BTW,I am not from CA, excuse my ignorance.

    There is more emphasis on landscaping and higher labor rates and other community amenities and staff. However, I think, 400 is a bit expensive HOA. 250-300 is more like it in CA. If you are paying 400 per month for HOA, you might want to consider a 650K house with no HOA, pays better deal in the long run. I personally despise houses with high HOA fees. The HOA tends to be the government of your community and not only you pay more, your rights as homeowners get diminished.

    Also the condos in cupertino & townhomes are like 3 storied, you spend a lot of life on staircase instead of enjoying the comfort. Its good if you are young but do not work out a lot :) but not really a very good living style in my opinion.




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  • hpandey
    06-26 02:47 PM
    If you buy - and take a mortgate - you end up losing (the same way you "lose" your rent)
    1. Interest you pay
    2. Property taxes you will pay forever.
    3. Maintenance you will pay forever.

    On the other hand - if you rent and,
    A. IF you pay less in rent than #1 + #2 + #3,
    B. IF you invest the remainder plus your mortgage principal amount in some other investment vehicle with superior investment returns than real estate.
    .... Then you will come out ahead renting.

    The tipping point is whether your rent equals interest + property taxes + maintenance. Based on which side is higher - either renting or buying could be good for you. I don't think there is a clear cut answer. This does not take into account the flexibility associated with renting - which is important for non-GC holders. If you assign a non-zero dollar value of $X with that flexibility, then your rent needs to be interest + tax + maintanance + $X to get to the tipping point. On the other hand, if you are not forced to save (in the form of mortgage principal payment every month) - you may just spend that money instead of investing that. If you assign a dollar value of $Y with that (probability multiplied by actual dollar value) - then the tipping point is at
    $rent = $interest + $tax + $maintenance + $X(dollar value for flexibility) - $Y(dollar value for probability of spending money instead of saving).

    Now as soon as you plug in the numbers in this equation - it will give you your tipping point and will tell you whether it is right for you to rent or to buy.

    Think about it. It is not as clear cut as you think it is. :-) Based on your earlier posts - you got an absolutely faboulous deal on your house (maybe because of your timing) and the tipping point equation would probably highly favor buying in your case. For many other (specially for those without a GC) - it may not be so clear cut.

    Yes its not clear cut but lets replace your X, Y and others with numbers

    Suppose your rent is 1500$ a month

    You pay 540,000 $ in 30 years

    so your point 1 - the interest payment is always going to be less than rent if you look over the 30 year term of mortgage since there is no way to pay 540,000 dollars in interest in 30 years looking at the amortization table unless you are buying a million dollar plus house. ( I assumed 5 % rate of interest )

    2. Property taxes - these we write off from our income which again becomes pointless more or less

    3. Maintainence - Now that is a personal thing - I lived in rented apartments for many years until last year end - The property admins don't replace things on demand - so you have to live with the same old appliances , carpets etc etc until they really die off since no one is going to replace them on demand . Things break so many times as they reach the end of their life and you call the property office each time and so on.

    I would rather that I maintain my own things and have best of the market stuff rather than not.

    Some people might say there are rented places where they have top of the line stuff but remember that the rent goes higher too. So that negates that point.

    And coming to what you say in the end - my mortgage is the same as I paid for rent so renting doesn't make any sense to me. The only thing is that if I have to move back to India I will have to sell the house which I am not worried about since I live in a very good area and two houses in my lane got sold within a month last month at more than the price which I paid for my house.

    As someone said real estate is highly local. Not all places in US are losing values . There are a lot of good areas which have reached bottom. The house I bought was 20% off from the price the person whom I bought it from paid in 2005. So that is already priced in.



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  • ganguteli
    03-24 03:29 PM
    UN,

    I can't help asking this.
    I have been following your posts for a while. I know you are quite knowledgeable in immigration.

    But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.

    I like to believe you are unbiased. Please let us know.

    Do you disagree about Indians?

    Indians are in majority. Indians do most consulting. Indians did most sub labor. Indians are the ones getting caught in raids. So there is your proof.

    But the problem is USCIS and lawmakers are not interested in solving the problem. They only want to punish. Punishing is not a solution.

    I disagree with UN that enough is being done against illegals or against consulting. If ICE was rounding up illegals every week, you will not be seeing so much illegal problem. Likewise if USCIS was alert on labor substitution, consulting, lawyer-employer nexus, employee abuse, we will not be seeing so much mess.




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  • Macaca
    05-18 05:23 PM
    Although some of the dissidents were arrested for their involvement with social media, those outlets also have served as a balm, as families facing repression from the government try to contact the outside world. When human rights lawyer Jiang Tianyong was arrested in February, his wife, Jin Bianling, opened a Twitter account to record her efforts to get information as to his whereabouts, counting the days of his detention online to a crowd of several thousand followers. (Jiang returned home two weeks ago, but is under surveillance, and the couple declined requests for press interviews to keep a low profile.)

    Twitter isn't a medium known for its depth of emotion, but it was undeniably heart-rending when Jin described a conversation with her 8-year-old daughter one evening not long after Jiang's arrest. "Mommy," Jin recorded the child saying. "We shouldn't think about daddy much. You told me when I sneeze, it is a sign that someone is thinking about me. If we make daddy sneeze where he is now, he might be in even more pain."


    What Next for Ai Weiwei? (http://the-diplomat.com/china-power/2011/05/18/what-next-for-ai-weiwei/) By Jason Miks | The Diplomat
    Rebuilding a United Front on China Rights
    The U.S. and European Union can push for human rights protections in China if they work together again. (http://online.wsj.com/article/SB10001424052748703421204576328831096040732.html)
    By KELLEY CURRIE | Wall Street Journal
    The rebel who suffers for art: Ai Weiwei (http://blogs.timesofindia.indiatimes.com/plumage/entry/the-rebel-who-suffers-for-art-ai-weiwei) By Uma Nair | Times of India
    Inside China (http://www.washingtontimes.com/news/2011/may/11/inside-china-819473755/) By Miles Yu | The Washington Times




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  • gomirage
    06-07 01:05 PM
    I don't know where you can find 5% interest p.a. investment today but for the sake of argument that I found one, I think I can't get the $60k at the end of 10th yr.

    The are plenty of no load mutual funds returning consistently above 5% annually return. If you want a zero risk investment you can get at least 3% (sometimes more than 5%) with ING direct, HSBC direct, and many more direct saving accounts. Last year HSBC offered 6% to compete with ING's 5%, while on the other side house prices were nose diving.

    So my point is even at 3%, zero risk it's a good deal compared with gambling on a house that may never come back to original purchase price, in our life time.

    Remember, this is not a one time event. This crisis has changed the world for ever. There will never ever be banks giving loans for more than 3 or 4 times income. So for prices to come back again, you are really banking on disposal income levels going up, which is not a safe bet, with the Indias and Chinas of the world proving very competitive offshore services.

    This whole chaos was created in the first place by inflating the economy to find a solution to the dot com bust.

    Again, we are not recommending against buying a house, which everyone should do at a point in our lives, but it's unsafe to bank on it, as a sound investment.




    singhsa3
    08-05 09:35 AM
    There is no point in dividing the forum. I think if someone wants to do something like this then the best course of action is to take this outside the forum or through PM.

    Lawsuits are not child's play...

    If you find enough people and have solid plan in place, I am willing to pay anywhere between $500 to $1000 towards the lawyer's fees....




    snathan
    09-27 11:35 AM
    What would be the immediate impact on the GC...no matter who ever wins. Yes, its painful to wait in the long line. But I would prefer that rather than some one came to power and kills the EB community. What are the chances for that? I don’t expect them to reform anything...at least if they maintain the status quo...that would be fine. There is no immediate death. This is just my opinion. So guys don’t give me red dots.



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