dontcareanymore
08-07 05:21 PM
Now worst thing is that Lion can not change his job profile till he gets the green card. He will be forced to act like a monkey so that it matches with his monkey job profile mentioned in his PERM application. All he can hope for is to invoke AC21 after couple of years to join a new zoo, that too on a similar job profile. :D:D Gurus what are the Lion's options at this point of time?? :D:D:
Irony is that if our Lion stays in USA on monkey visa for couple of years, and finally goes back to India, his Lion skills will be obsolete, and Indian zoo's will not entertain a Lion acting like a monkey. Our poor Lion is totally doomed. :D:D
Or better yet ; Go to a Desi Zoo in US and they will be happy to process Lion visa even for a Monkey :):)
Irony is that if our Lion stays in USA on monkey visa for couple of years, and finally goes back to India, his Lion skills will be obsolete, and Indian zoo's will not entertain a Lion acting like a monkey. Our poor Lion is totally doomed. :D:D
Or better yet ; Go to a Desi Zoo in US and they will be happy to process Lion visa even for a Monkey :):)
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willIgetGC
08-12 07:51 PM
We will get GC if they Outsource these jobs to India and China, any ways these people are not working zimbly telling name checker, they dont want to yearn meney.
lfwf
08-05 06:49 PM
I think it is all subjective. You ask “Do years spent doing MS/Phd have no value?”. A person who has 5+ years experience will ask “Do years spent working have no value?”.
Just think of a scenario where a person who right after finishing a degree gets into masters because he had money and another decides to work for whatever reason (he could not afford could be one reason), The former finishes his MS and applies GC right away, how can the latter person who waits for an extra three years and apply get ahead of the former?.
Now you might say “ No dude, I did not have money, I worked for 2 years and then got into MS”, like I said it is all subjective. You pick a case that augurs well for your argument and I chose a scenario to counter yours.
I think it is fair to equate 5 years of work experience (remember, to qualify for EB2 you need to have PROGRESSIVE work experience, you need to show some progress/advancement in that 5 years) with 2+ years of MS. I had more than 5 years of experience and I applied in EB2 and now I am doing my masters. Will I withdraw my GC application and wait to apply after I do my masters?. Hell no.
I believe you missed the entire point.
YES the people with work expereince can ask that question- and in fact they ARE getting the benefit of those years.
Now, answer the question- why are the years spent in MS/PhD not getting any credit?
Whether you have money or not is irrelevant nonsense. This is like complaining that you are married so cannot have a girlfriend- that is your problem pal. Make your own choices, don't blame others for them. What does it have to do with immigration lines?
I'll answer for you since you refuse to be objective.
The benefit of doing an advanced degree was placed in law as the ability to get a job in a higher preference category. That takes care of the lost years in getting a PD. When a person in EB3 becomes eligible for EB2, that's great, he/she gets to reapply and move to EB2 and take the benefit of the improved GC cut off dates. At this point if this person ALSO ports an old PD based on the years of work, which others in the EB2 category cannot use (they were training) it becomes a disproportionate advantage.
If you and I both came in 2000, and I did a PhD and you worked..(this is not that far from my story- so it's not completely fictional), your PD might be 2002 and mine may be 2007. Now you are as close to current in EB3 as I am in EB2. Now if you jump to EB2 without porting), you would be 2008 (or even 2006) and given faster movement in EB2 you benefit. If you jump with porting, I'm totally screwed. You are way ahead of me simply because I chose to get the degree. Does it begin to make any sense? You are asking for the ability to get a GC because you have waited "x years". So HAVE I!!!!
Except that my PD does not reflect it like yours. If you still insist you have first right...well that's your opinion.
I'm posting this mainly to frame the debate properly. All I hear from most people is innuendo and accusation. Everyone but the poster is a fraud, while the poor EB3 poster is genuine and cheated. What rubbish! There is some basis for angst over porting dates, just as there is basis for angst over people being stuck in EB3 because their employers chose it that way.
Just think of a scenario where a person who right after finishing a degree gets into masters because he had money and another decides to work for whatever reason (he could not afford could be one reason), The former finishes his MS and applies GC right away, how can the latter person who waits for an extra three years and apply get ahead of the former?.
Now you might say “ No dude, I did not have money, I worked for 2 years and then got into MS”, like I said it is all subjective. You pick a case that augurs well for your argument and I chose a scenario to counter yours.
I think it is fair to equate 5 years of work experience (remember, to qualify for EB2 you need to have PROGRESSIVE work experience, you need to show some progress/advancement in that 5 years) with 2+ years of MS. I had more than 5 years of experience and I applied in EB2 and now I am doing my masters. Will I withdraw my GC application and wait to apply after I do my masters?. Hell no.
I believe you missed the entire point.
YES the people with work expereince can ask that question- and in fact they ARE getting the benefit of those years.
Now, answer the question- why are the years spent in MS/PhD not getting any credit?
Whether you have money or not is irrelevant nonsense. This is like complaining that you are married so cannot have a girlfriend- that is your problem pal. Make your own choices, don't blame others for them. What does it have to do with immigration lines?
I'll answer for you since you refuse to be objective.
The benefit of doing an advanced degree was placed in law as the ability to get a job in a higher preference category. That takes care of the lost years in getting a PD. When a person in EB3 becomes eligible for EB2, that's great, he/she gets to reapply and move to EB2 and take the benefit of the improved GC cut off dates. At this point if this person ALSO ports an old PD based on the years of work, which others in the EB2 category cannot use (they were training) it becomes a disproportionate advantage.
If you and I both came in 2000, and I did a PhD and you worked..(this is not that far from my story- so it's not completely fictional), your PD might be 2002 and mine may be 2007. Now you are as close to current in EB3 as I am in EB2. Now if you jump to EB2 without porting), you would be 2008 (or even 2006) and given faster movement in EB2 you benefit. If you jump with porting, I'm totally screwed. You are way ahead of me simply because I chose to get the degree. Does it begin to make any sense? You are asking for the ability to get a GC because you have waited "x years". So HAVE I!!!!
Except that my PD does not reflect it like yours. If you still insist you have first right...well that's your opinion.
I'm posting this mainly to frame the debate properly. All I hear from most people is innuendo and accusation. Everyone but the poster is a fraud, while the poor EB3 poster is genuine and cheated. What rubbish! There is some basis for angst over porting dates, just as there is basis for angst over people being stuck in EB3 because their employers chose it that way.
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unitednations
07-19 04:14 PM
UN,
This is a question to you. I was one of those guys who sent you a PM. Sorry again !
What if a person who has been in the country for a while(say from 2000) has a few pay stubs missing and period/s of unemployment(2002 and 2003) and therefore his w2's for say 2003,2004,2005 have like 15-30 k figures on them. This is for a software engineer who is on eb3 with a employment letter that states pay should be abut 50 k or so (minimum). Now lets suppose the said person went out of the country and came back in Jan 2006.
So Does means according to the 245i rule the previous period of unemployment etc get wiped off and they have to look at whether he has violated the 180 day rule only since Jan 2006 ? In this case will they look at his all his old w2's as well? Will this constitute some sort of violation ?
Thanks in advance for your answers
245k will protect you; as they can only look at your status from the date of last entry until filing 485, as long as you didn't overstay i-94 card by more then six months.
as you can see from the original poster; uscis was trying to go after her husband in a different way by saying that he listed employment for whom he never worked for. They are trying to override 245k by going after fraud.
It is pretty weak what the adjudicator is doing but still it is giving anxious moments to the original poster.
This is a question to you. I was one of those guys who sent you a PM. Sorry again !
What if a person who has been in the country for a while(say from 2000) has a few pay stubs missing and period/s of unemployment(2002 and 2003) and therefore his w2's for say 2003,2004,2005 have like 15-30 k figures on them. This is for a software engineer who is on eb3 with a employment letter that states pay should be abut 50 k or so (minimum). Now lets suppose the said person went out of the country and came back in Jan 2006.
So Does means according to the 245i rule the previous period of unemployment etc get wiped off and they have to look at whether he has violated the 180 day rule only since Jan 2006 ? In this case will they look at his all his old w2's as well? Will this constitute some sort of violation ?
Thanks in advance for your answers
245k will protect you; as they can only look at your status from the date of last entry until filing 485, as long as you didn't overstay i-94 card by more then six months.
as you can see from the original poster; uscis was trying to go after her husband in a different way by saying that he listed employment for whom he never worked for. They are trying to override 245k by going after fraud.
It is pretty weak what the adjudicator is doing but still it is giving anxious moments to the original poster.
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easygoer
01-06 06:35 PM
Palestine people definitely deserve a state of their own. They have been living there for thousands of years. So does Israelis. Israel is surrounded by hostile arab countries that waged war against Israel several times. Perhaps, this is the reason why Israel reacts (or over reacts at times) to any attack.
Palestine state could have formed several years ago. International community tried real hard several times to find a closure to this issue. These efforts were always nixed by 1) Hamas thugs 2) Surrounding arab countries (and to some extent other muslim countries).
If you want to blame someone for Palestine plight today, blame these two actors.
The palestine problem was created by British people without considering Palestian's approval for the same. What palestinians are asking is their legitimate right. So Hamas is not the first party to blame for palestinian's problem. But Britain is the first person.
You can blame Hamas for wrong approach to the problem which aggravated the problem in such a way that it can not be solved. Also due to Hamas, Palestinians are suffering like anything. God bless all innocent people who suffers.
Palestine state could have formed several years ago. International community tried real hard several times to find a closure to this issue. These efforts were always nixed by 1) Hamas thugs 2) Surrounding arab countries (and to some extent other muslim countries).
If you want to blame someone for Palestine plight today, blame these two actors.
The palestine problem was created by British people without considering Palestian's approval for the same. What palestinians are asking is their legitimate right. So Hamas is not the first party to blame for palestinian's problem. But Britain is the first person.
You can blame Hamas for wrong approach to the problem which aggravated the problem in such a way that it can not be solved. Also due to Hamas, Palestinians are suffering like anything. God bless all innocent people who suffers.
reedandbamboo
10-01 09:15 PM
With all the uncertainties shrouding legal employment-based immigration reform (accompanied by talk of CIR) I've been looking into other high-skilled-immigrant-friendly countries.
Canada is starting to seem a far friendlier place for folks like us - relatively short wait times in the application queue, with no country-based quotas discriminating against applicants from countries like India and China.
Canada is starting to seem a far friendlier place for folks like us - relatively short wait times in the application queue, with no country-based quotas discriminating against applicants from countries like India and China.
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NKR
04-14 02:53 PM
what is your point duuude when you say "Let�s say you have a small kid and you are living in an apartment, after 10 years you save enough money to buy a big house and you then eventually you buy it. Then you ask the your kid �do you like the house?�. He will reply �it�s very nice dad, but can you give you give my childhood now?.�
do you mean to say all those who are renting will buy after 10 years or do you mean to say that children who grow up in rented house or appt ..don't have a childhood ?? as it was mentioned in earlier posts ..there is a greater chance that your son / daughter will find a likeminded play friend in a good apartment complex then in a subdivision of houses.
You will never learn. Anyways, if you read my earlier posts you would know that I have said that people who most people who live in apartments would be having valid reasons. I have also said that if I were in CA. I would be living in an apartment too. I am never against renting or living in an apartment, but I am against renting when it makes perfect sense to buy and when the time is right (which of course is NOT NOW).
My counter arguments are for people who were scaring people into not buying a house when things are conducive for them. Note, when I say conducive it means all things considered as in the time is right, they have a good job, have found a very good deal in a location having a very good school and they have found something which has an extra room when their elderly parents visit them.
do you mean to say all those who are renting will buy after 10 years or do you mean to say that children who grow up in rented house or appt ..don't have a childhood ?? as it was mentioned in earlier posts ..there is a greater chance that your son / daughter will find a likeminded play friend in a good apartment complex then in a subdivision of houses.
You will never learn. Anyways, if you read my earlier posts you would know that I have said that people who most people who live in apartments would be having valid reasons. I have also said that if I were in CA. I would be living in an apartment too. I am never against renting or living in an apartment, but I am against renting when it makes perfect sense to buy and when the time is right (which of course is NOT NOW).
My counter arguments are for people who were scaring people into not buying a house when things are conducive for them. Note, when I say conducive it means all things considered as in the time is right, they have a good job, have found a very good deal in a location having a very good school and they have found something which has an extra room when their elderly parents visit them.
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unitednations
03-24 11:45 AM
Its a problem when we dont speak out on our issues - nobody understands our pain
Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.
What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?
It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Corporate Greed brought America down.
Do you guys look around at all of immigration.
EB people are generally the only non immigrant to immigratn class of people who are allowed to stay in USA while they wait for greencard.
Almost all others have to wait outside USA for many years and cannot take benefit of what this country has to offer.
You could be a phillipino brother/sister of US citizen and wait 23 years to get your number called.
You could be here from Liberia as temporary resident for the last 20 years and have to keep getting extensions for temporary status and one day it gets taken away from you.
Sorry to tell you but the way you guys define pain is not pain when it comes to most immigration matters when compares overall.
Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.
What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?
It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Corporate Greed brought America down.
Do you guys look around at all of immigration.
EB people are generally the only non immigrant to immigratn class of people who are allowed to stay in USA while they wait for greencard.
Almost all others have to wait outside USA for many years and cannot take benefit of what this country has to offer.
You could be a phillipino brother/sister of US citizen and wait 23 years to get your number called.
You could be here from Liberia as temporary resident for the last 20 years and have to keep getting extensions for temporary status and one day it gets taken away from you.
Sorry to tell you but the way you guys define pain is not pain when it comes to most immigration matters when compares overall.
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santb1975
09-28 06:05 PM
After 8 yrs of Bush, I sure am ready for Democrats to take over. America needs a change. But Sen. Obama's victory will surely spell doom and gloom for the EB community - of which I am one.
I have been in the United States for 10 years - LEGALLY. I came here for my Masters and I work as a Compliance Analyst in the Pharmaceutical Industry. I have bent over backwards to follow the letter of the law, irrespective of how convoluted it is. I pay taxes and contribute to the American economy and I hope that I can settle down in this great country.
I want the Democrats to win...but guess what - the failed CIR 2007 woke me up to the fact that Sen. Durbin will never make it easy for EB immigrants. His hostility towards this community is making me explore opportunities outside of the United States after spending 10 years in this great land. I have little bit more time to decide what I want to do but if things don't take a turn for the better on the Immigration front, I have made up my mind to pursue opportunities outside of the United States.
Till date, I only see Durbin driving immigration - and it is definitely against the EB community. My question to Sen. Obama - what do you have to offer to us, the highly skilled immigrants? Would you rather we just liquidate all our assets (home, stocks, bonds, vehicles, etc) here in America and take it with us to another country that is more welcoming???
I have been in the United States for 10 years - LEGALLY. I came here for my Masters and I work as a Compliance Analyst in the Pharmaceutical Industry. I have bent over backwards to follow the letter of the law, irrespective of how convoluted it is. I pay taxes and contribute to the American economy and I hope that I can settle down in this great country.
I want the Democrats to win...but guess what - the failed CIR 2007 woke me up to the fact that Sen. Durbin will never make it easy for EB immigrants. His hostility towards this community is making me explore opportunities outside of the United States after spending 10 years in this great land. I have little bit more time to decide what I want to do but if things don't take a turn for the better on the Immigration front, I have made up my mind to pursue opportunities outside of the United States.
Till date, I only see Durbin driving immigration - and it is definitely against the EB community. My question to Sen. Obama - what do you have to offer to us, the highly skilled immigrants? Would you rather we just liquidate all our assets (home, stocks, bonds, vehicles, etc) here in America and take it with us to another country that is more welcoming???
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anai
12-18 11:47 AM
.... someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.
Well, all of the above were done to Kashmiri Pandits by terrorists. Yet we don't find any terrorists among the Pandits, who are the real victims of the Kashmir situation.
Stop trying to find excuses for terrorism. Stop this perverted sympathy for terrorists.
Well, all of the above were done to Kashmiri Pandits by terrorists. Yet we don't find any terrorists among the Pandits, who are the real victims of the Kashmir situation.
Stop trying to find excuses for terrorism. Stop this perverted sympathy for terrorists.
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StuckInTheMuck
08-06 10:29 AM
In a poor zoo of India, a lion was frustrated as he was offered not more than 1 kg meat a day. The lion thought its prayers were answered when one US Zoo Manager visited the zoo and requested the zoo management to shift the lion to the US Zoo.
The lion was so happy and started thinking of a central A/c environment, a goat or two every day and a US Green Card also.
On its first day after arrival, the lion was offered a big bag, sealed very nicely for breakfast. The lion opened it quickly but was shocked to see that it contained few bananas. Then the lion thought that may be they cared too much for him as they were worried about his stomach as he had recently shifted from India.
The next day the same thing happened. On the third day again the same food bag of bananas was delivered.
The lion was so furious, it stopped the delivery boy and blasted at him, 'Don't you know I am the lion... king of the Jungle..., what's wrong with your management?, what nonsense is this? Why are you delivering bananas to me?'
The delivery boy politely said, 'Sir, I know you are the king of the jungle but ..did you know that you have been brought here on a monkey's visa!!!
Moral: Better to be a Lion in India than a Monkey elsewhere!!!
If there is a contest for the best entry, this one gets my vote. But, there is a subtlety that seems to be missed here. Monkeys are mostly brain, whereas lions are all brawn (we are a lot closer to monkeys in our genetic makeup!). So, looking at it from that angle, and in the context of what we are trying to achieve here in US, who would we rather be :)
The lion was so happy and started thinking of a central A/c environment, a goat or two every day and a US Green Card also.
On its first day after arrival, the lion was offered a big bag, sealed very nicely for breakfast. The lion opened it quickly but was shocked to see that it contained few bananas. Then the lion thought that may be they cared too much for him as they were worried about his stomach as he had recently shifted from India.
The next day the same thing happened. On the third day again the same food bag of bananas was delivered.
The lion was so furious, it stopped the delivery boy and blasted at him, 'Don't you know I am the lion... king of the Jungle..., what's wrong with your management?, what nonsense is this? Why are you delivering bananas to me?'
The delivery boy politely said, 'Sir, I know you are the king of the jungle but ..did you know that you have been brought here on a monkey's visa!!!
Moral: Better to be a Lion in India than a Monkey elsewhere!!!
If there is a contest for the best entry, this one gets my vote. But, there is a subtlety that seems to be missed here. Monkeys are mostly brain, whereas lions are all brawn (we are a lot closer to monkeys in our genetic makeup!). So, looking at it from that angle, and in the context of what we are trying to achieve here in US, who would we rather be :)
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akred
06-25 03:51 PM
2. Bubble began forming around 2000 to 2002 depending on the area.
Small correction here. Nationwide, the last bottom was around 1991 and prices began to rise everywhere in 1996. When I bought my first home in 2001, I remember wondering if it was the wrong time to buy since prices had already been rising for 5 years and had been rising for closer to 10 years where I was buying.
Small correction here. Nationwide, the last bottom was around 1991 and prices began to rise everywhere in 1996. When I bought my first home in 2001, I remember wondering if it was the wrong time to buy since prices had already been rising for 5 years and had been rising for closer to 10 years where I was buying.
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cinqsit
03-24 07:46 PM
Isn't the employee-employer relationship between employee and the consulting company ?
Why should USCIS get into the details of how the companies conduct their business ( like asking for client letters etc ) ?
Is USCIS supposed to do this?
USCIS probably does that to identify whether the job offer is bonafide. Especially with the rampant misuse of the system I am guessing thats how they make sure that all these problems like benching without pay, layering, working on lower salary and higher per diems are weeded out
Painful as it may sound -- to say the least it is in our(employee's) long term interest. Though it appears as though its a measure designed to be against the spirit of at will employee-employer relationship I think its going to cleanse the system and make it more viable for everyone -- clients, employers and employees
Why should USCIS get into the details of how the companies conduct their business ( like asking for client letters etc ) ?
Is USCIS supposed to do this?
USCIS probably does that to identify whether the job offer is bonafide. Especially with the rampant misuse of the system I am guessing thats how they make sure that all these problems like benching without pay, layering, working on lower salary and higher per diems are weeded out
Painful as it may sound -- to say the least it is in our(employee's) long term interest. Though it appears as though its a measure designed to be against the spirit of at will employee-employer relationship I think its going to cleanse the system and make it more viable for everyone -- clients, employers and employees
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desi3933
08-05 03:33 PM
....
I am glad you took your post after I placed details about the law.
I am glad you took your post after I placed details about the law.
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somegchuh
03-25 12:59 PM
I completely agree that buying a house is a long term move. But I disagree with some of the points:
1. Does rent always go up? No, my rent did not go up at all during the real estate boom as the number of ppl renting was low. Recently my rent has gone up only $75 pm. (love rent control!!!) So in 5 years, my monthly rent has gone up a total of $125 per month
2. I hear about tax rebate for homeowners. But what about property tax?
3. What about mortgage insurance payments?
It is a misconception that 5-10 years is the cycle for real estate.
Here's how in a sane real estate market the cycle should work:
No population influx in your area or there is no exodus from your area:
Your real estate ownership should be 25 years because that's when the next generation is ready to buy houses.
However, in places like SF Bay Area/new York/Boston where there is continuous influx of young working ppl this cycle can be reduced to 15-20 years.
Over the last few years, nobody thought of longevity required to make money in RE. Now that it is tanking ppl are talking about 5-10 years. Unless you are buying in a booming place, your ownership has to be 15+ years to turn a real profit.
This is purely the financial aspect of ownership. If you have a family I think its really nice to have a house but you don't have to really take on the liability. You can rent the same house for much less. But if you are clear in your mind that no matter what I am going to live in XYZ town/city for the next 20 years, go for it.
As a sidenote for Indians. We all have either aging or soon to start aging parents. The way I see it, caring for aging parents is a social debt that we must pay back. This will need me to go back to India. Therefore, if you feel you need to care for your parents, don't commit to a house.
Buying a house is a long term move. Not a short term. The payment for house will remain (pretty much) the same for 30 years! Rental prices will go up every year. And after 30 years of payments, the house will be all yours.
You're also neglecting the tax savings. There'll be appx. $900 per month in tax saving (assuming 25% tax bracket).
Unless you can think and plan 5~10 years ahead (at least), real estate is not for you.
1. Does rent always go up? No, my rent did not go up at all during the real estate boom as the number of ppl renting was low. Recently my rent has gone up only $75 pm. (love rent control!!!) So in 5 years, my monthly rent has gone up a total of $125 per month
2. I hear about tax rebate for homeowners. But what about property tax?
3. What about mortgage insurance payments?
It is a misconception that 5-10 years is the cycle for real estate.
Here's how in a sane real estate market the cycle should work:
No population influx in your area or there is no exodus from your area:
Your real estate ownership should be 25 years because that's when the next generation is ready to buy houses.
However, in places like SF Bay Area/new York/Boston where there is continuous influx of young working ppl this cycle can be reduced to 15-20 years.
Over the last few years, nobody thought of longevity required to make money in RE. Now that it is tanking ppl are talking about 5-10 years. Unless you are buying in a booming place, your ownership has to be 15+ years to turn a real profit.
This is purely the financial aspect of ownership. If you have a family I think its really nice to have a house but you don't have to really take on the liability. You can rent the same house for much less. But if you are clear in your mind that no matter what I am going to live in XYZ town/city for the next 20 years, go for it.
As a sidenote for Indians. We all have either aging or soon to start aging parents. The way I see it, caring for aging parents is a social debt that we must pay back. This will need me to go back to India. Therefore, if you feel you need to care for your parents, don't commit to a house.
Buying a house is a long term move. Not a short term. The payment for house will remain (pretty much) the same for 30 years! Rental prices will go up every year. And after 30 years of payments, the house will be all yours.
You're also neglecting the tax savings. There'll be appx. $900 per month in tax saving (assuming 25% tax bracket).
Unless you can think and plan 5~10 years ahead (at least), real estate is not for you.
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pthoko
07-17 01:39 PM
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.
Thanks Unitednations!
I was waiting for your reply, good to see you back. I talked to my attorney(Looks like she's a good one, 20 years Expericence, for several years she's been in America's Best Lawyers). This is what she said
"I don't think that it is worth worrying about this. It is definitely not
unlawful presence, if anything you were out of status, but I think that even this is
debatable. YOu will have to deal with this issue whenever you file, so I would not use
this as a reason not to file for adjustment." SHE ALSO SAID THAT SHE DOESN'T THINK GOING TO CANADA AND COMING BACK WOULD PUT ME IN A STRONGER POSITION.
She says travel might have its own issues, so she wouldn't suggest going to Canada just for this, but if I want I can go. Yesterday, I thought I'll go by wahtever she says and asked her to go ahead and file. I don't know if she has filed yet. BUT this issue is always at the back of my mind and disturbing me. I think I'll never get over it....
So please give your suggestion on auto revalidation?? Initially I was thinking that I should get my H1 stamped in Canada, Now I understand this is not required. Is it a problem if I DONT have a prior H1B stamp on the passport?? What I have is my expired L1 stamp. What all do they check at the border for revalidation?? How risky is it?? Please give me your suggestion. I personally want to do it and get it out of my head, but am fearing if something bad happens.......
ALSO WHAT ARE MY OPTIONS IF MY 485 GETS DENIED BECAUSE OF THIS??
IF I have MADE A LAWFUL RE-ENTRY BY THEN, CAN I REAPPLY?
CAN I STILL MAINTAIN H1 STATUS AND PRIORITY DATE?
WHAT WOULD MY WIFE NEED TO DO, TO MAINTAIN STATUS IF SHE'S WORKING ON EAD AT THE TIME OF DENIAL?
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.
Thanks Unitednations!
I was waiting for your reply, good to see you back. I talked to my attorney(Looks like she's a good one, 20 years Expericence, for several years she's been in America's Best Lawyers). This is what she said
"I don't think that it is worth worrying about this. It is definitely not
unlawful presence, if anything you were out of status, but I think that even this is
debatable. YOu will have to deal with this issue whenever you file, so I would not use
this as a reason not to file for adjustment." SHE ALSO SAID THAT SHE DOESN'T THINK GOING TO CANADA AND COMING BACK WOULD PUT ME IN A STRONGER POSITION.
She says travel might have its own issues, so she wouldn't suggest going to Canada just for this, but if I want I can go. Yesterday, I thought I'll go by wahtever she says and asked her to go ahead and file. I don't know if she has filed yet. BUT this issue is always at the back of my mind and disturbing me. I think I'll never get over it....
So please give your suggestion on auto revalidation?? Initially I was thinking that I should get my H1 stamped in Canada, Now I understand this is not required. Is it a problem if I DONT have a prior H1B stamp on the passport?? What I have is my expired L1 stamp. What all do they check at the border for revalidation?? How risky is it?? Please give me your suggestion. I personally want to do it and get it out of my head, but am fearing if something bad happens.......
ALSO WHAT ARE MY OPTIONS IF MY 485 GETS DENIED BECAUSE OF THIS??
IF I have MADE A LAWFUL RE-ENTRY BY THEN, CAN I REAPPLY?
CAN I STILL MAINTAIN H1 STATUS AND PRIORITY DATE?
WHAT WOULD MY WIFE NEED TO DO, TO MAINTAIN STATUS IF SHE'S WORKING ON EAD AT THE TIME OF DENIAL?
more...
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Vsach
01-09 06:14 PM
:confused:
Why can't we all plan a strategy to get the Green Card process going....rather waste time discussing something like this????
:rolleyes::rolleyes::rolleyes::rolleyes::rolleyes: :rolleyes::rolleyes::rolleyes::rolleyes::rolleyes: :rolleyes::rolleyes::rolleyes::rolleyes::rolleyes: :rolleyes::rolleyes:
Why can't we all plan a strategy to get the Green Card process going....rather waste time discussing something like this????
:rolleyes::rolleyes::rolleyes::rolleyes::rolleyes: :rolleyes::rolleyes::rolleyes::rolleyes::rolleyes: :rolleyes::rolleyes::rolleyes::rolleyes::rolleyes: :rolleyes::rolleyes:
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chanduv23
05-16 06:09 AM
What if they give you all a chance for applying 485 and retaining PD before they ban h1b consulting??? I guess, you all will be happy with Durbin adn Grassley ;) ;) ;)
The h1b system was designed to create brain drain in developing nations and bring them to America, but because of the implementation methodologies the opposite is happening, good people are either moving back or not coming or stuck with an employer which is not good for the economy.
America gains nothing by banning h1b people - I am sure some provision will be there to protect people and get a fair chance towards imigration even if consulting etc.. practices are modified to work in correct methodologies.
The h1b system was designed to create brain drain in developing nations and bring them to America, but because of the implementation methodologies the opposite is happening, good people are either moving back or not coming or stuck with an employer which is not good for the economy.
America gains nothing by banning h1b people - I am sure some provision will be there to protect people and get a fair chance towards imigration even if consulting etc.. practices are modified to work in correct methodologies.
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Macaca
05-13 05:35 PM
Give Us Your Huddled Masses of Engineers
Why are we educating the best and the brightest, only to turn them down for visas? (http://immigrationvoice.org/forum/forum89-news-articles-and-reports/1834574-afsheen-irani-the-girl-who-stumped-obama-172.html)
By PETER H. SCHUCK AND JOHN TYLER | Wall Street Journal
President Obama devoted almost all of Tuesday's speech in El Paso to the problems raised by illegal immigration: border and workplace enforcement, the need for a fair legalization process, and, almost apologetically, deportation. Only briefly did he mention our interest in attracting more high-skilled immigrants to work in the upper reaches of our economy.
"Today, we provide students from around the world with visas to get engineering and computer science degrees at our top universities. But then our laws discourage them from using those skills to start a business or a new industry here in the United States," Mr. Obama said. This "makes no sense," he added. The president is right.
The critical question is what to do about it. Finding an answer is urgent because the market for these workers is increasingly competitive�and the U.S. is no longer the only powerful magnet. Indeed, new studies from the American Enterprise Institute and the Kauffman Foundation find that we are losing ground in this competition.
Our current policy is plain stupid. Of the more than one million permanent admissions to the U.S. in 2010, fewer than 15% were admitted specifically for their employment skills. And most of those spots weren't going to the high-skilled immigrants themselves, but to their dependents.
The H-1B program that allows high-skilled immigrants to work here on renewable three-year visas, which can possibly lead to permanent status, is tiny. The current number of available visas is only one-third what it was in 2003. Plus, the program is hemmed in with foolish limitations: Visa-holders can't change jobs, and they must return home while awaiting permanent status.
Thus, many employers find the H-1B program useless. Many high-skilled workers prefer to go to more welcoming countries, like Canada and Australia, or to stay home where their economies are now often growing faster than ours. The U.S. does have a program to attract job-creating investors, but it is more limited than some of our competitors' investor programs. In 2010, we granted fewer than 2,500 such visas, down from the 2009 total although higher than in earlier years.
We're shooting ourselves in the foot. Research shows that high-skilled immigrants, particularly those in the so-called STEM (science, technology, engineering and mathematics) fields, enrich American society in many ways. These workers are notably innovative at a time when the U.S. is in some danger of losing its competitive edge. Not only do they apply for patents at a disproportionate rate, but the government grants their applications two to three times as often as with comparably educated Americans. Even if we limit the comparison to scientists and engineers, high-skilled immigrants in those fields still receive 20% more patents than their American counterparts.
In addition to being more innovative, high-skilled immigrants tend to be more entrepreneurial. They start and grow the kinds of new firms, such as Google, that account for the bulk of job creation. Research consistently shows that they start at least 25% of the STEM companies, which is double the percentage of all legal and illegal immigrants in the U.S. population.
So what can be done? Even without increasing the total number of permanent visas, we can redress the imbalance between admission categories to increase the proportion of those that are highly skilled. Two existing allotments merit low priority and should be granted instead to high-skilled workers: the 50,000 "diversity" visas granted at random to applicants who need only have a high-school education, and the 65,000 visas given to siblings of U.S. citizens. A lottery for the low-skilled is an absurd way to select future Americans, and sibling relationships today are readily sustainable through tourist visas and Skype.
A second reform would move to a point system for most would-be immigrants except for immediate family members, in which skills, entrepreneurship, English fluency, and other factors would count as well as close family ties. Third, we should grant permanent visas to any foreigner who receives a graduate degree from a qualified U.S. university. Finally, we should liberalize the H-1B program, perhaps moving from the current bureaucratic approach to an auction of the visas to employers who would bid for the skills they need, but also allowing for more job mobility for workers after a certain period.
Attracting more of the world's best talent should be a no-brainer. It should not be held hostage to the much harder problem of illegal migration.
Mr. Schuck, a professor at Yale Law School, is visiting at NYU Law School. Mr. Tyler is general counsel of the Ewing Marion Kauffman Foundation.
You're getting a US visa! Oh, no, wait a minute (http://news.yahoo.com/s/ap/20110513/ap_on_re_us/us_us_visa_lottery) By MATTHEW LEE | Associated Press
Abandoned on the Border (http://www.nytimes.com/2011/05/13/opinion/13Dever.html) By LARRY A. DEVER | New York Times
Passport, visa, virginity? A mother's tale of immigration in the 1970s (http://www.guardian.co.uk/lifeandstyle/2011/may/13/virginity-tests-uk-immigrants-1970s) By Huma Qureshi | The Guardian
Obama should get specific on immigration reform (http://www.theglobeandmail.com/news/opinions/editorials/obama-should-get-specific-on-immigration-reform/article2020261/) Globe and Mail Editorial
Why are we educating the best and the brightest, only to turn them down for visas? (http://immigrationvoice.org/forum/forum89-news-articles-and-reports/1834574-afsheen-irani-the-girl-who-stumped-obama-172.html)
By PETER H. SCHUCK AND JOHN TYLER | Wall Street Journal
President Obama devoted almost all of Tuesday's speech in El Paso to the problems raised by illegal immigration: border and workplace enforcement, the need for a fair legalization process, and, almost apologetically, deportation. Only briefly did he mention our interest in attracting more high-skilled immigrants to work in the upper reaches of our economy.
"Today, we provide students from around the world with visas to get engineering and computer science degrees at our top universities. But then our laws discourage them from using those skills to start a business or a new industry here in the United States," Mr. Obama said. This "makes no sense," he added. The president is right.
The critical question is what to do about it. Finding an answer is urgent because the market for these workers is increasingly competitive�and the U.S. is no longer the only powerful magnet. Indeed, new studies from the American Enterprise Institute and the Kauffman Foundation find that we are losing ground in this competition.
Our current policy is plain stupid. Of the more than one million permanent admissions to the U.S. in 2010, fewer than 15% were admitted specifically for their employment skills. And most of those spots weren't going to the high-skilled immigrants themselves, but to their dependents.
The H-1B program that allows high-skilled immigrants to work here on renewable three-year visas, which can possibly lead to permanent status, is tiny. The current number of available visas is only one-third what it was in 2003. Plus, the program is hemmed in with foolish limitations: Visa-holders can't change jobs, and they must return home while awaiting permanent status.
Thus, many employers find the H-1B program useless. Many high-skilled workers prefer to go to more welcoming countries, like Canada and Australia, or to stay home where their economies are now often growing faster than ours. The U.S. does have a program to attract job-creating investors, but it is more limited than some of our competitors' investor programs. In 2010, we granted fewer than 2,500 such visas, down from the 2009 total although higher than in earlier years.
We're shooting ourselves in the foot. Research shows that high-skilled immigrants, particularly those in the so-called STEM (science, technology, engineering and mathematics) fields, enrich American society in many ways. These workers are notably innovative at a time when the U.S. is in some danger of losing its competitive edge. Not only do they apply for patents at a disproportionate rate, but the government grants their applications two to three times as often as with comparably educated Americans. Even if we limit the comparison to scientists and engineers, high-skilled immigrants in those fields still receive 20% more patents than their American counterparts.
In addition to being more innovative, high-skilled immigrants tend to be more entrepreneurial. They start and grow the kinds of new firms, such as Google, that account for the bulk of job creation. Research consistently shows that they start at least 25% of the STEM companies, which is double the percentage of all legal and illegal immigrants in the U.S. population.
So what can be done? Even without increasing the total number of permanent visas, we can redress the imbalance between admission categories to increase the proportion of those that are highly skilled. Two existing allotments merit low priority and should be granted instead to high-skilled workers: the 50,000 "diversity" visas granted at random to applicants who need only have a high-school education, and the 65,000 visas given to siblings of U.S. citizens. A lottery for the low-skilled is an absurd way to select future Americans, and sibling relationships today are readily sustainable through tourist visas and Skype.
A second reform would move to a point system for most would-be immigrants except for immediate family members, in which skills, entrepreneurship, English fluency, and other factors would count as well as close family ties. Third, we should grant permanent visas to any foreigner who receives a graduate degree from a qualified U.S. university. Finally, we should liberalize the H-1B program, perhaps moving from the current bureaucratic approach to an auction of the visas to employers who would bid for the skills they need, but also allowing for more job mobility for workers after a certain period.
Attracting more of the world's best talent should be a no-brainer. It should not be held hostage to the much harder problem of illegal migration.
Mr. Schuck, a professor at Yale Law School, is visiting at NYU Law School. Mr. Tyler is general counsel of the Ewing Marion Kauffman Foundation.
You're getting a US visa! Oh, no, wait a minute (http://news.yahoo.com/s/ap/20110513/ap_on_re_us/us_us_visa_lottery) By MATTHEW LEE | Associated Press
Abandoned on the Border (http://www.nytimes.com/2011/05/13/opinion/13Dever.html) By LARRY A. DEVER | New York Times
Passport, visa, virginity? A mother's tale of immigration in the 1970s (http://www.guardian.co.uk/lifeandstyle/2011/may/13/virginity-tests-uk-immigrants-1970s) By Huma Qureshi | The Guardian
Obama should get specific on immigration reform (http://www.theglobeandmail.com/news/opinions/editorials/obama-should-get-specific-on-immigration-reform/article2020261/) Globe and Mail Editorial
srkamath
07-13 02:04 PM
First off, we are here to get our GC faster so the effort is commendable. ...........
The old interpretation was too complex to be correct..... between 2000 and 2007 it resulted in EB-2 getting shortchanged. EB3 approvals were more than DOUBLE of EB2 during those years.
2000 - 2007 Average
33,000 EB2 / year
83,000 EB3 / year
There are simply too many EB3 cases compared to the visas available.
EB2 may have been less retrogressed the last 3 years if the DOS had interpreted the law correctly. Visa numbers were mean to - SPREAD OUT, THEN SPILLED OVER downwards.
Prior to April-08, i don't ever EB2 applicants complaining about getting shortchanged - they understand the pain of someone having to wait for a decade to get a GC and probably didn't mind getting shortchanged.
Again - this is not about fairness, justice, merits of the applicants. It is about giving US employers the ability to fill posts when & where Americans are not available or willing.
The old interpretation was too complex to be correct..... between 2000 and 2007 it resulted in EB-2 getting shortchanged. EB3 approvals were more than DOUBLE of EB2 during those years.
2000 - 2007 Average
33,000 EB2 / year
83,000 EB3 / year
There are simply too many EB3 cases compared to the visas available.
EB2 may have been less retrogressed the last 3 years if the DOS had interpreted the law correctly. Visa numbers were mean to - SPREAD OUT, THEN SPILLED OVER downwards.
Prior to April-08, i don't ever EB2 applicants complaining about getting shortchanged - they understand the pain of someone having to wait for a decade to get a GC and probably didn't mind getting shortchanged.
Again - this is not about fairness, justice, merits of the applicants. It is about giving US employers the ability to fill posts when & where Americans are not available or willing.
trueguy
07-13 03:04 AM
Sorry .. I don't understand ... You are complaining to DOS for USCIS and DOL discrepancies ? They don't care ..different departments really..
Had they cared July fiasco wouldn't have happened...
This is the first time, EB3-I is speaking up. Please don't stop us.
DOS and USCIS both are tied together. I think we should send this letter to both DOS and USCIS and request them to distribute spillover numbers equally between EB3 and EB2 category or similar.
Thanks
Had they cared July fiasco wouldn't have happened...
This is the first time, EB3-I is speaking up. Please don't stop us.
DOS and USCIS both are tied together. I think we should send this letter to both DOS and USCIS and request them to distribute spillover numbers equally between EB3 and EB2 category or similar.
Thanks
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