Monday, July 4, 2011

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  • gclabor07
    08-05 11:48 AM
    Folks,

    Here are my thoughts on this based on my personal experience.

    USCIS should allow porting of dates not just based on approved I-140, but also based on approved LC.

    I applied in EB3 category back in 2003. My labor was stuck in BEC and my career wasn't progressing. So I decided to switch my employers and start the process all over again. Just before I left my previous LC was approved. I wish that process should have allowed me to port the PD of my first labor because PD is decided when you file LC and not when you file I-140. So right now I've EB2 with 2007 PD. I missed the July 07 bus as well.

    Was this fair? perhaps not. Am I having heartburn, not really. I'm happy that I made the switch and moved to the new employer with a better career path.





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  • addsf345
    12-18 02:35 PM
    :mad:Abdul Rehman Antulay. Current cabinet minister and EX Maharastra CM. The guy who created biggest cement scandal at the time and was exposed by Arun Shourie.

    http://en.wikipedia.org/wiki/A._R._Antulay

    what he did is not surprising.

    Mohd. Azharudding also did it before.

    He was selected captain, after some of the worst historical defeats as a captain - he was still trusted to retain captainship by BCCI.

    However after years of captianship, when he was caught red-handed in match fixing scandal, he did not even wasted a moment to give a statement that he is being harrased in hindu india because he is a minority.:mad::mad:

    similary saif ali khan after having a hindu mother, hindu ex-wife, hindu girlfriend and a stardom and large number of hindu fans, did not wasted a moment but blamed hindus that being a muslim he is not able to buy a flat in mumbai.

    what do you expect from such mentality?





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  • abracadabra102
    07-14 07:28 PM
    We are old horses fo IV and dont have an agenda against any particular groups or category..all that we are trying to highlight is that our situation since 01..that's it...that having said the people will who are have been objecting to this will get thier GC's this time and will be gone ...and we in EB-3 2002 have to wait for another 2-3 years to get out turn..Can you imagine our situation..So please support this initiative...send out the letters...

    God bless us all!

    pani,

    This is what you have in the draft letter.

    "Let me take you back to the situation in 2001-2003 when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from Top US universities) our green card labors applications were sent back from DOL saying that the economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 NON- RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years."

    Do you have any evidence/reference to back this up?





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  • buehler
    07-18 07:09 AM
    hi Guys,
    I was thinking over this for quite some time. Why dont we hire one or two immigration attorneys on a full time basis. And lets start am immigration office where we can have all our immigration works (doubtful) but the future immigrant works ata marginally cheaper rates with high quality of service. If we keep a no profit no loss mantra, it would be helpful to everyone and also it will make this organization very strong.
    Lets discuss its relevance? What does the Core think about this.?

    reddiv,

    I know how happy you when you came up with this idea, but do you really have to cross post it in so many different threads and forums? In what way is it relevant in this particular thread?



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  • alterego
    07-13 10:03 AM
    Can I ask why the complaint in the letter about the change in interpretation of the law in favor of Eb2 I? Before jumping on me, read on.
    The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
    Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
    Perhaps the person drafting the letter can explain their rationale on including this in the letter.

    I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
    Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.





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  • zCool
    03-24 04:18 PM
    This is total BS.
    Bashing Illegal immigrants for housing market crash and accusing entire race of being theives is nothing new among right wing anti-immigrant "Hatriots"
    But there really isn't co-relation between illegal migration and housing crash.. if anything, migrants are also first time buyers and they support prices towards to lower end market and stop entire lower-middle class neighbourhoods from becoming what Detroit or Youngstown have become..
    So no need to parrot hateful propoganda here.. lets stick to the point..



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  • nojoke
    04-15 09:26 PM
    Ok there you go, now you cannot buy a house in India and you don't want to buy one here. Neither here nor there, but then i do not play with emotions as someone had accused me, so I wish you happiness whereever you are.

    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:confused: and keep the price inflated? Housing should be affordable and come to sane levels and I believe it will.





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  • paskal
    07-14 05:37 PM
    Thanks. I will look into it further when I get a chance. the number of GC granted in a year is complicated- and for the moment I speak offhand so correct me if needed. Till 2005, the recapture clouded the numbers. After that EB3 benefited from a Schedule A recapture that went almost entirely to EB3, a lot to EB3 Philipenes and a good chunk to EB3 India.

    AFAIK last year though, once that was ll over and vertical spillover was implemented, EB2/EB3 Inid should both have got only the strict country quota mandated GC numbers.

    Anway- offhand as I said...gotto rum.




    Paskal,

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

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

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


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


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



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  • krishnam70
    12-29 12:53 PM
    It has no relevance in an immigration related forum
    kris





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  • lfwf
    08-05 03:09 PM
    Never said that. That was just a "story" response to a "story" post. The intent of the post is DO NOT TRY TO FRAME THE ISSUE IN ONE STORY. THERE ARE MANY STORIES.

    True.

    However you offered no answer to the original question raised by the "story". If you spend years doing an advanced degree instead of working with a bachelors, should you be penalized for all those years? many of us are being penalized. We get PDs when we finally start working. And folks who port based on experience working during that time then jump ahead of us in EB2.
    You will have to explain how this is fair.

    Instead of addressing the issue you threw in the red herring about rich kids. That was uncalled for in this debate. How do we know the EB3 bachelors was not paid for by rich parents? And are we now to penalize those with rich parents?

    I worked through many years and educated myself highly. Now I am to be told that anyone who came to the US with me OR after me and managed to get a job early on and a PD, has to be ahead of me because they were "waiting"? So I was not waiting just because I got advanced degrees and had to wait for my PD? Why do you think preference categories were created at all? Why not just one big pool?



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  • sledge_hammer
    06-05 04:01 PM
    A very simple, dumbed down calculation to see which one trumps the other, buying or renting:


    1. Home Cost: $300,000
    2. Down: $ 30,000 (10% of 300k)
    3. Mortgage: $270,000

    4. Mortgage Interest/yr: $ 13,500 (5% of 270K)
    5. Tax, Insurance, Maintenance /yr: $ 9,000 (3% of 300K)

    6. Returns on Downpayment otherwise/yr: $ 3,000 (10% of 30K)
    7. Rent on a similar home/yr: $ 18,000 (1.5K/month)

    8. Equity/yr: $ 15,000 (5% of 300K)
    9. Savings on tax deductions/yr: $ 4,050 (30% bracket, $13.5K interest)


    I'll take a home appraised and bought for 300K for my example. The numbers are basically self explanatory. Contrary to popular claim among those who are pro renting, I don't think I pay more than 3% for tax, insurance and maintenance combined (item# 5). Of course, I was wise enough to buy a home in good condition. But that number will change as the home gets older. Maintenance should not include any upgrades that you do, which is basically only "gravy" and based on owner's discretion. Item# 6; I am going with the average returns if you invested in S&P 500. Item# 7; is what a similar 300K home costs to rent. Item# 8; I have only taken 5% growth which is I think under normal market conditions is the growth you would see on your home. The principal payment has not been accounted for yet. I'll do it later.

    Situation Rent:
    If you rent, then your expense per year is item# 7 minus item# 6 = $15,000.
    Of course, your capital of $30,000 is still earning compounded returns.

    Situation Own:
    Your expense is item# 4 + item# 5 - item# 9 - item# 8 = $3,450.

    As I mentioned in the first line, this is a dumbed down cost comparator. There are many loopholes that can be plugged. All comments are welcome.





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  • fide_champ
    04-05 10:54 PM
    Jang.Lee,
    I totally aggree with you. I am also from socal and a regular visior to irvinehousingblog.
    Currenly I am in apt and tired of living in apt, but I am definitely in no rush to buy and would probably find a good private home to rent.

    Please check your PM.

    Land cannot be manufactured. The population is growing by the day and people need a place to live. So the space is at a premium here. The housing market maybe down because of the sub-prime crisis and the banks going out of business. But eventually it has to come back. Maybe this market is not for people who are looking to invest.

    Look at india for instance: whatever state the economy is in, the housing always booms because of the supply/demand factor. Eventually US will reach that stage unless otherwise the population shrinks.



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  • kaisersose
    04-14 11:10 AM
    Most of the posts here are not relevant to the original topic of the thread – buying a home when 485 is pending.

    You basically buy a home not to sell it off, but to live in it. Circumstances may lead one to sell a home, but no one can predict if that will happen for sure or when it may happen.

    For selling a home – just like stocks – it does not matter if the real estate market is doing well today or not. It only matters how the seller market is when it is time to sell. And again, no one can predict that in advance. Given this simple logic, it is totally useless to speculate resale values of homes which you may never even sell!

    I see people are so obsessed about resale value that they almost have never gone out to see homes, look at floor plans and see what they want, what the other family members want in a home or any of that. They instead prefer to calculate resale value based on current market conditions.

    Stop seeing a home as an investment and start seeing it as a place where you will live and where your kids will grow up. Obsessing too much about the monetary aspects just takes all the fun away.





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  • mariner5555
    04-09 10:51 PM
    we've found that the more compelling arguments tend to be those related to US competitiveness. If I was to use the housing argument in a meeting, I would use it in a light hearted way while making a serious point.
    For most, common sense of justice is an issue, in which case housing can be brought up, but again, not an issue to focus on too much, more in the context of 'it is ironic that many of us want to buy houses but GC wait is what prohibits that, not the credit crunch'. Can be mentioned in passing, but not worth focusing on.
    Mentioning it in light hearted way would help too when you have predictions like this (latest report) from International Monetary Fund.
    ------
    House prices have already fallen by around 10% in the US by some measures, and the IMF says that they may be over-valued by more than 20% in the UK, Ireland and Spain.
    It is forecasting further falls in US house prices of 14% to 20% this year.
    ---------
    GC is definitely the main issue for atleast 10 of my friends (and I guess it is an issue for many others). our view is why invest in immovable assets while we are at the mercy of a govt agency.
    ofcourse - I would guess that many of the govt advisors must have suggested the link between immigration and housing to the policy makers. in the end it is supply and demand.
    there are other ways too ..US laws are influenced by lobbyists and I am sure there is a huge builders, realtors lobby ..maybe IV could explain the issue to them ..and in turn expect them to explain this issue to lawmakers ..

    a quick note - I am not saying that if a person gets a GC then he will run and buy a house. but for many GC is the first thing that has to happen before he/she even starts to look around.



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  • unseenguy
    06-21 03:08 PM
    That is a nightmare !!! unless you are bill gates, Tata, Ambani etc etc ..if u have a relative in US in the same location then maybe you can manage but still it is problematic ..on top of it, how do you earn money in say India to pay mortgage in US ??
    if my GC (or say residency in any country) is denied, I would not want any immovable property in that place ....break - ins, mntc problems, maintenance etc ..I know there are some agencies which will take care of the property for you but their fees are high. I would rather have my money in liquid form and take it with me (or have the ability to take it with me).
    as someone else said ..maybe an option would be to stay back and sell the house (at a loss I guess) ..and risk going out of status (but re-entry would be problematic).
    I had a question though ..if GC is denied and EAD is valid for 2 years ..can you stay till EAD expiration date ? (I know u have option of MTR ..but say that is denied too ) ..in other words, how long can you stay after GC is denied

    Usually they will give you 3-4 weeks to leave.





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  • rsdang
    08-11 04:55 PM
    :D1) Did you fart? Cuz you just blew me away.

    2) Are yer parents retarded? Cuz ya sure are special.


    3) My Love fer you is like diarrhea, I can't hold it in!

    4) Do you have a library card? Cuz I'd like to check you out.


    5) Is there a mirror in yer pants? Cuz I can see myself in em.


    6) If you was a tree and I were a Squirrel, I'd store my nuts in yer hole.


    7) You might not be the best lookin girl here, but beauty's only a light switch away.

    8) Fat Penguin................... Sorry, I just wanted to say something that would break the ice.


    9) I know I'm not no Fred Flintstone, but I bet I can make yer bed-rock.


    10) I can't find my puppy , can you help me find him? I Think he went into this cheap motel room.


    11) Yer eyes are as blue as window cleaner.


    12) If yer gunna regret this in the mornin', we kin sleep Til afternoon.



    13) Yer face reminds me of a wrench, every time I think of it my nuts tighten up

    And.... The best for last!

    14) I may not be Mr. Right, but I'll damn sure hump ya' till he comes along...



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  • decipher
    07-09 01:05 AM
    If the past employer didn't pay salary, you can file a complaint with DOL regarding unpaid wages (I believe that there are some time limits for such complaints - please check).

    Even if you are not going to file such a complaint, you might be able to use it to get the required experience letter from the past employer if needed.





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  • unitednations
    08-02 10:51 PM
    ouch. there is always uncertainty, all steps of this gc process :(

    thanks for the note. I only hope they 'go after' people if they suspect fraud or out of status or salary issues etc.

    We are just a widget/number to uscis adjudicator. All of these ability to pay denials were very scarce prior to 2004. However, in 2003 and 2004 a lot of the 245i labors got approved (gas stations, restaurants, etc.). USCIS started to see a lot of bogus companies filing for people. They decided to clarify in a memo how they were going to look at ability to pay. Now; ability to pay was used rarely, in those cases that didn't look genuine (if you go to AAO decisions you would have seen the type of companies that uscis usually went after). However, to combat the 245i labors they started to apply the memo to all companies. Just imagine that a company with $20 million revenue can get ability to pay denials; but a company with $15,000 in revenue can get approval.





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  • prioritydate
    01-10 10:18 PM
    First of all, thanks for converting my argument about Europeans and native peoples into Muslims and non-Muslims. Shows us where our respective prejudices and biases lie. I am very happy when my comments on any situation are turned into a broad 'us vs them' thing. It just shows us that our primitive and primal instincts from the time when we split from the apes are still alive and kicking in some people. Its pretty fascinating for me.

    Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.

    http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html

    Why you are not raising hue and cry for Sudan massacre? Oh! muslims killing muslims or muslims killing Xians! May be that is fine with you!





    senthil1
    04-06 09:50 PM
    But congress needs to find some solution for H1b mess like applying 150k H1b in one day. If no alternative solution is suggested some part/all part of this bill may be considered. US companies will not be impacted as they are not h1b dependent and they are hiring more than 50% US workers so they may not oppose that much. If Microsoft lobby for 200k H1b but still if they could not get any h1b why will they lobby it? American companies will either ask unlimited H1b or restrictions for bodyshopping so that everyone will get fair share of H1b. Lottery is shame as many deserving candidates will be rejected but many lower grade people may enter there is no merrit in selection of H1b. If IV is opposing this they need to give some solution for H1b mess. Otherwise no point. Also the bill was introduced by both Democrat and Republican. So Whether it is passed or not it is going to be considered

    Anti-H1B lobby wants to make the system so difficult that it will be impossible to complete all the requirements. Their strategy is, if they cannot eliminate H-1B program, they will make in non-workable. Also, this bill was in the making for more than two years. They are timing their articles in the press with this bill because of a reason. Don't simply reject it by saying that "this is not going to pass". Taking this bill lightly will be a mistake.

    Please inform your friends, colleagues and employer about this very serious problem.





    Madhuri
    05-16 11:08 AM
    Very well said Sanju. You put everything in right perspective.



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