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Wednesday, July 6, 2011

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  • delax
    07-13 12:56 PM
    Split up of 75-25 definitely covers interest of both parties. I don't think an EB2 with PD 2007 will have grudge over an EB3 PD 2002 getting his/her GC before. As a matter of fact, as you said, looking through the eyes of governance, I don't think it is illogical. EB3 has lower preference as compared to EB2 but not zero preference! So, an EB3 2002 getting his GC before EB2 2007 is not insane, again, per my belief. You cannot say 100-0 is justice - come on!

    But the same 100-0 logic can be applied between EB1 and Eb2-India. How does EB1 of 2008 get it immediately but EB2-I waits more than 4 years (speaking for myself here) -clearly preference is at play here. if that makes sense then a 100-0 ratio for EB2/EB3 also makes sense
    Honestly nothing makes sense - I am only trying to derive a rationale for the spill over logic used by DOS/USCIS.





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  • Pineapple
    12-24 04:31 PM
    Dude, I have donated over $ 1000 to IV so far, and participated in every campaign, and made enough calls to give me blisters, all without seeking attention or green dots. Next please?

    I think you and many others like you didn't want to go in the first place. You are just inventing an excuse.
    There are other threads on this forum, this is not a good excuse. If you don't like this thread, don't bother reading it. Its really simple.





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  • SunnySurya
    12-22 03:16 PM
    Well, my dear freind you obviously did not understand what I meant. I still maintain that Kashmir is the root of the problem and India has nothing to gain by keeping it. Caring for India and Caring for Kashmir are two different issues. The very reason , I want to cut off the cancerous finger is to prevent the spread of cancer to the other parts.

    On the other hand if some one is attacking me in my home and/or hurting my family or freinds, I have full rights to defend and call for justice to prosecute the attacker, in this case declaring Pakistan a terrorist country.



    SunnySurya,
    Weren't you the one who said India should gift kashmir to pakistan to solve all terrorrist activities and war ?

    How come you became a patriot and started caring about india all of a sudden ?

    Do you have any consistent opinion ?





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  • immique
    07-14 10:01 PM
    For all those people who are misguiding the EB3 members on the forum- please stop playing with people's hopes and stop this nonsense about petition for spillover from EB1 to EB3. this is a foolish arguement and will not work. Do you think USCIS will give preference to EB2 over EB1? hell no. similarly, EB3 will not get any spill over visas unless EB2 is current. EB preferences are are established for a reason to give preference to better qualified individuals that US thinks are much needed. similarly family based preferences are established to give preference to dependents/relatives of US Citizens over other categories. Can you imagine second or third preference Family based category getting preference over the first preference category in Family based applications? No way this is going to happen.

    Moreover after taking heat from Congress for wrongly interpreting the EB laws and unfairly giving visas to EB3 last year while EB2 is still retrogressed, do you really think that USCIS/DOS will make the same mistake again? some of the people seem to be wandering in a fool's paradise. this whole petition drama has caused rifts among the EB immigrant community for no good reason. the only way for EB3 to move forward is by EB2 becoming current and it may happen next year.

    I can tell you for sure what kind of results this petition will produce.

    1. it will not poduce any spillover to EB3 at all.

    2. it will definitely attract more scrutiny towards EB2 from USCIS as it will try to establish clear distinction between EB2 and EB3 so that people are not confused between the categories thinking that they also qualify for EB2 as mentioned in the petition. USCIS may start strictly implementing "exceptional ability/ advanced degree/ Professional Occupation" part of the EB2 definition and start questioning the 5 year experience that many EB3 have used to convert to EB2. This will result in more problems for EB3 to EB2 conversions who have already filed and for future filings and will make it easier for people with Advanced degrees. This will help USCIS to make EB2 current quickly by greatly decreasing the number of applications in EB2 and may be then use the spill over to EB3.

    After reading all this if people are still not convinced about my arguement, then go ahead and send in your petitions to whom ever you want to. As I said above, it will do more harm to EB3 than any good as it will potentially make it impossible for any future EB3 to EB2 conversions. Good luck in your effort.



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  • smisachu
    12-28 09:28 PM
    I agree to what you say. But understand that firing a nuke needs more than having one. Our missile shield is pretty good, we have several anti missile defence shields installed all across the border with Pakistan including the Rann of Kutch. Yes they are only tested and not war tested, but so are pakistans wepons. At least our wepons are self produced, paks are purchased chinese crap. I doubt nukes will be used even if there is a conflict.

    As you say we have suffered for 60 years due to terrorism and we need to end it. I am not advocating war but killing all terrorists. India has no interest in Pakistan and has no use for it if we occupy it. I was just highlighting the capacity of our Army not advocating marching to Islamabad. All we need to do is get back POK into our control and eliminate the Terrorists there, revoke article 370 and assimilate Kashmir and kashmiris into rest of India and vice versa.

    Listen as some one who has lost a cousin in Kargil and an uncle in 71 war and with 3 cousins still serving in the force , I know the pain of war closer than you might think. Thats why I want to end it once and for all. Do you know, a Jawan is killed due to COLD in siachen glazier every week and this is a place we dont have to put our boys on through the winter, but we do just because if we dont Pak will occupy our post come Summer.
    We need to kill terrorists and let modren pakistanis to gain control of the country, until this is done this problem will not go away for India or the US or anyone else.

    I hope thats your bravado speaking. Otherwise what you have stated is mostly inaccurate. Much as I would like to see Pakistan walloped for supporting the jehadi pigs, what war could potentially escalate into is far scarier than 200 people killed in Mumbai. It could mean the deaths of hundreds (or many times that) people - both Indian and Pakistani. That casualty number is not acceptable given that we've been absorbing thousands of losses in the last 50 years...scratch that - even in the last 20 years. IMHO Kargil was a bigger event than Mumbai than this since they had the b*lls to waltz onto Indian territory.

    Strategically, India has no advantage pushing on to Islamabad (which is why we didn't in the wars earlier). Logistics will not support an invasion - primarily because the local population will not support it. And then it means killing thousands of non army personnel to hold on to territory and sustaining the same kind of losses. ('71 push to Dhaka was a contrast because the local population was supportive of India's/ Muktibahini push)

    Nukes - for the delivery mechanism it doesn't need to be accurate - it just needs to get close and explode above or around the target. If it explodes in the air there are fewer casualties than if it were to land on the ground - then the massive fallout would be even more catastrophic. Anti-missile shield? Wow - but no way are they going to be effective. 4 minutes of flying time from Pak to India for an aircraft - its hard intercepting aircraft (which are far slower than missiles the last time i checked).. you need to research a little more before speaking up. And none of India's or for that matter Pakistans missiles have been war-proven (remember Murphys law - yes that will creep in here also)

    Yes - India can wipe out terror camps; wipe out the PAF/ Pakistan army etc. But what is the strategic advantage? An economic setback of 20 years? No buffer between Afghanistan, and the hardcore mullahs west of Pakistan (most Pakis outside of the ISI are liberal Islamists). Also, the US will be more concerned about the Afghan border and will step up international pressure on India to let Pakistan be - worse - it could take an offensive posture against India as in '71 (like everyone else US cares about its interests first)

    Pakistan is that spoilt younger sibling to India that keeps making noise to get whatever it wants. Now the time has come when even they know they've gone too far. And its A**kicking time - but not militarily. A tough stance from India and the rest of from the rest of the world will work also. Tough love, baby!

    India's interests are best served by getting ISI branded a terror organization, Pakistan a terror state and by de-linking Kashmir with the whole terror issue since most of the terrorists are non locals anyway (because Pakis want the focus on Kashmir). Repeal article 370 so that Kashmiri Pandits are assisted in returning to Kashmir along with other Indians (whatever religion so wants to). Rebuild Kashmir economically. Help liberal Pakis rebuild their country - and with a better economy, maybe good sense will prevail in that failed state.

    Strength is not always an action of force. Strength is sometimes force of action - and India needs to be forceful in its actions - not relenting, not giving up until South Asia is a peaceful place again.





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  • unitednations
    08-02 12:29 PM
    245(i)/245(K) covers only upto 180 days(6 months) of out of status , the possible OOS issues are
    1.Overstay of I-94 card's date
    2.Unauthorized employment
    3.Staying without payslips (with some exceptions like Maternity,paternity,sick)

    http://www.murthy.com/adjsta.html click here for more info.

    USCIS will issue RFE/NOID and ask for explaination OR deny I-485 , I am wondering where this $1000 concept came from?? Correct me if I am wrong

    245k and 245i are two different things.

    245i was sort of an amnesty. If person overstay their i-94 cards for any length of time they can still adjust status to lawful permanent resident as long as they pay the $1,000 penalty.

    Main criteria of 245i is that you had to have an immigrant petition (i-130) or a labor cert filed on behalf of you before April 30, 2001. If you meet this criteria then overstaying or being out of status doesn't matter. However; even if you were eligible for 245i and you had overstayed by more then six months and you left the country then you wouldn't be allowed back in and if they somehow allowed you back in; you wouldn't be able to adjust status because the 3/10 year bars kick in.



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  • Macaca
    05-02 05:45 PM
    Glass Half Full on Obama's New National Security Team (http://www.worldpoliticsreview.com/articles/8696/the-new-rules-glass-half-full-on-obamas-new-national-security-team) By THOMAS P.M. BARNETT | World Politics Review

    President Barack Obama reshuffled his national security team last week, and the reviews were overwhelmingly positive. The White House proclaimed that this was the "strongest possible team," leaving unanswered the question, "Toward what end?" Obama's choices represent the continued reduction of the role of security as an administration priority. That fits into his determined strategy to reduce America's overseas military commitments amid the country's ongoing fiscal distress. Obama foresees a smaller, increasingly background role for U.S. security in the world, and these selections feed that pattern.

    First, there is Leon Panetta's move from director of the Central Intelligence Agency to secretary of defense. When you're looking for $400 billion in future military cuts, Panetta's credentials apply nicely: former White House chief of staff and director of the Office of Management and Budget under President Bill Clinton, and 9-term congressman from defense-heavy California. But, truth be told, Panetta wasn't the president's first choice -- or his second, third, fourth or fifth.

    According to my Pentagon sources, the job was initially offered to Hillary Clinton, who would have been a compelling candidate for the real task at hand: working to get more help from our European allies for today's potpourri of security hotspots, while reaching out to the logical partners of tomorrow -- like rising China, India, Turkey, South Africa and Brazil, among others. She would have brought an international star power and bevy of personal connections to those delicate efforts that Panetta will never muster. But Clinton has had enough of nonstop globe-hopping and will be gone at the end of Obama's first term.

    Colin Powell, next offered the job, would have been another high-wattage selection, commanding respect in capitals around the world. But Powell demanded that his perennial wingman, Richard Armitage, be named deputy secretary, and that was apparently a no-go from the White House, most likely for fear that the general was set on creating his own little empire in the Pentagon. Again, too bad: Powell would have brought a deep concern for the future of U.S. national security that Panetta -- with the "green eye shades" mentality of a budget-crunching guy -- lacks.

    Three others were then offered the job: Rhode Island Sen. Jack Reed; former deputy secretary of defense and current Center for Strategic and International Studies boss John Hamre; and former Navy Secretary Richard Danzig, who was long rumored to be Obama's preferred brainiac to ultimately replace Gates. But Reed feared exchanging his Senate seat for a short stint in the Pentagon if Obama loses; Hamre had made too many commitments to CSIS as part of a recent fund-raising drive; and Danzig couldn't manage the timing on the current appointment for personal reasons.

    All of this is to suggest the following: Panetta has been picked to do the dirty work of budget cuts through the remainder of the first term and nothing more. If Obama wins a second term, we may still see a technocrat of Danzig's caliber, such as current Undersecretary of Defense for Policy Michelle Flournoy, or a major-league star of the Clinton/Powell variety. But for now, the SECDEF's job is not to build diplomatic bridges, but to quietly dismantle acquisition programs. And yes, the world will pick up on that "declinist" vibe.

    Moving Gen. David Petraeus from commander of coalition forces in Afghanistan to director of the CIA has puzzled many observers, and more than a few have worried that this represents a renewed militarization of the agency. But here the truth is more prosaic: Obama simply doesn't want Petraeus as chairman of the Joint Chiefs of Staff, something conservatives have been pulling for. By shifting him to CIA, the White House neatly dead-ends his illustrious career.

    As Joint Chiefs chairman, Petraeus could have become an obstacle to Obama's plans to get us out of Afghanistan on schedule, wielding an effective political veto. He also would have presented more of a general political threat in the 2012 election, with the most plausible scenario being the vice-presidential slot for a GOP nominee looking to burnish his national security credentials. As far as candidate Obama is concerned, the Petraeus factor is much more easily managed now.

    Once the SECDEF selection process dropped down to Panetta, the White House saw a chance to kill two birds with one stone. Plus, Petraeus, with the Iraq and Afghanistan surges under his belt, is an unassailable choice for an administration that has deftly "symmetricized" Bush-Cheney's "war on terror," by fielding our special operations forces and CIA drones versus al-Qaida and its associated networks. If major military interventions are out and covert operations are in, then moving "King David" from ISAF to CIA ties off that pivot quite nicely.

    The other two major moves announced by the White House fit this general pattern of backburner-ing Afghanistan and prioritizing budget cuts. Ambassador Ryan Crocker, who partnered with Petraeus in Iraq during the surge, now takes over the same post in Afghanistan. Crocker is supremely experienced at negotiating withdrawals from delicate situations. Moving CENTCOM Deputy Commander Gen. John Allen over to replace Petraeus in Afghanistan is another comfort call: Allen likewise served with Petraeus in Iraq during the surge, when he was the key architect of the Sunni "awakening." Low-key and politically astute, Allen will be another quiet operator.

    Obama has shown by his handling to date of the NATO-led Libyan intervention that he is not to be deterred from his larger goal of dramatically reducing America's global security profile, putting it more realistically in line with the country's troubled finances. What the president has lacked so far in executing that delicate maneuver is some vision of how America plans to segue the international system from depending on America to play global policeman to policing itself.

    Our latest -- and possibly last -- "hurrah" with NATO notwithstanding, Obama has made no headway on reaching out to the world's rising powers, preferring to dream whimsically of a "world without nuclear weapons." In the most prominent case, he seems completely satisfied with letting our strategic relationship with China deteriorate dramatically while America funnels arms to all of Beijing's neighbors. And on future nuclear power Iran? Same solution.

    It's one thing to right-size America's global security profile, but quite another to prepare the global security environment for that change. Obama's recent national security selections tell us he remains firmly committed to the former and completely uninterested in the latter. That sort of "apr�s moi, le deluge" mindset may get him re-elected, but eventually either he or America will be forced into far harder international adjustments.





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  • Macaca
    12-27 07:15 PM
    In �Daily Show� Role on 9/11 Bill, Echoes of Murrow (http://www.nytimes.com/2010/12/27/business/media/27stewart.html) By BILL CARTER and BRIAN STELTER | New York Times

    Did the bill pledging federal funds for the health care of 9/11 responders become law in the waning hours of the 111th Congress only because a comedian took it up as a personal cause?

    And does that make that comedian, Jon Stewart � despite all his protestations that what he does has nothing to do with journalism � the modern-day equivalent of Edward R. Murrow?

    Certainly many supporters, including New York�s two senators, as well as Mayor Michael R. Bloomberg, played critical roles in turning around what looked like a hopeless situation after a filibuster by Republican senators on Dec. 10 seemed to derail the bill.

    But some of those who stand to benefit from the bill have no doubt about what � and who � turned the momentum around.

    �I don�t even know if there was a deal, to be honest with you, before his show,� said Kenny Specht, the founder of the New York City Firefighter Brotherhood Foundation, who was interviewed by Mr. Stewart on Dec. 16.

    That show was devoted to the bill and the comedian�s effort to right what he called �an outrageous abdication of our responsibility to those who were most heroic on 9/11.�

    Mr. Specht said in an interview, �I�ll forever be indebted to Jon because of what he did.�

    Mr. Bloomberg, a frequent guest on �The Daily Show,� also recognized Mr. Stewart�s role.

    �Success always has a thousand fathers,� the mayor said in an e-mail. �But Jon shining such a big, bright spotlight on Washington�s potentially tragic failure to put aside differences and get this done for America was, without a doubt, one of the biggest factors that led to the final agreement.�

    Though he might prefer a description like �advocacy satire,� what Mr. Stewart engaged in that night � and on earlier occasions when he campaigned openly for passage of the bill � usually goes by the name �advocacy journalism.�

    There have been other instances when an advocate on a television show turned around public policy almost immediately by concerted focus on an issue � but not recently, and in much different circumstances.

    �The two that come instantly to mind are Murrow and Cronkite,� said Robert J. Thompson, a professor of television at Syracuse University.

    Edward R. Murrow turned public opinion against the excesses of Senator Joseph McCarthy in the 1950s. Mr. Thompson noted that Mr. Murrow had an even more direct effect when he reported on the case of Milo Radulovich, an Air Force lieutenant who was stripped of his commission after he was charged with associating with communists. Mr. Murrow�s broadcast resulted in Mr. Radulovich�s reinstatement.

    Walter Cronkite�s editorial about the stalemate in the war in Vietnam after the Tet Offensive in 1968 convinced President Lyndon B. Johnson that he had lost public support and influenced his decision a month later to decline to run for re-election.

    Though the scale of the impact of Mr. Stewart�s telecast on public policy may not measure up to the roles that Mr. Murrow and Mr. Cronkite played, Mr. Thompson said, the comparison is legitimate because the law almost surely would not have moved forward without him. �He so pithily articulated the argument that once it was made, it was really hard to do anything else,� Mr. Thompson said.

    The Dec. 16 show focused on two targets. One was the Republicans who were blocking the bill; Mr. Stewart, in a clear effort to shame them for hypocrisy, accused them of belonging to �the party that turned 9/11 into a catchphrase.� The other was the broadcast networks (one of them being CBS, the former home of Mr. Murrow and Mr. Cronkite), which, he charged, had not reported on the bill for more than two months.

    �Though, to be fair,� Mr. Stewart said, �it�s not every day that Beatles songs come to iTunes.� (Each of the network newscasts had covered the story of the deal between the Beatles and Apple for their music catalog.) Each network subsequently covered the progress of the bill, sometimes citing Mr. Stewart by name. The White House press secretary, Robert Gibbs, credited Mr. Stewart with raising awareness of the Republican blockade.

    Eric Ortner, a former ABC News senior producer who worked as a medic at the World Trade Center site on 9/11, expressed dismay that Mr. Stewart had been virtually alone in expressing outrage early on.

    �In just nine months� time, my skilled colleagues will be jockeying to outdo one another on 10th anniversary coverage� of the attacks, Mr. Ortner wrote in an e-mail. �It�s when the press was needed most, when sunlight truly could disinfect,� he said, that the news networks were not there.

    Brian Williams, the anchor of �NBC Nightly News� and another frequent Stewart guest, did not comment on his network�s news judgment in how it covered the bill, but he did offer a comment about Mr. Stewart�s role.

    �Jon gets to decide the rules governing his own activism and the causes he supports,� Mr. Williams said, �and how often he does it � and his audience gets to decide if they like the serious Jon as much as they do the satirical Jon.�

    Mr. Stewart is usually extremely careful about taking serious positions for which he might be accused of trying to exert influence. He went to great lengths to avoid commenting about the intentions of his Rally to Restore Sanity and/or Fear in Washington in October, and the rally itself emphasized such less-than-impassioned virtues as open-minded debate and moderation.

    In this case, Mr. Stewart, who is on vacation, declined to comment at all on the passage of the bill. He also ordered his staff not to comment or even offer any details on how the show was put together.

    But Mr. Specht, the show guest, described how personally involved Mr. Stewart was in constructing the segment.

    After the news of the Republican filibuster broke, �The Daily Show� contacted John Feal, an advocate for 9/11 victims, who then referred the show producers to Mr. Specht and the other guests.

    Mr. Stewart met with the show�s panel of first responders in advance and briefed them on how the conversation would go. He even decided which seat each of the four men should sit in for the broadcast.

    For Mr. Stewart, the topic of the 9/11 attacks has long been intensely personal. He lives in the TriBeCa area and has noted that in the past, he was able to see the World Trade Center from his apartment. Like other late-night comedians, he returned to the air shaken by the events and found performing comedy difficult for some time.

    But comedy on television, more than journalism on television, may be the most effective outlet for stirring debate and effecting change in public policy, Mr. Thompson of Syracuse said. �Comedy has the potential to have an important role in framing the way we think about civic life,� he said.

    And Mr. Stewart has thrust himself into the middle of that potential, he said.

    �I have to think about how many kids are watching Jon Stewart right now and dreaming of growing up and doing what Jon Stewart does,� Mr. Thompson said. �Just like kids two generations ago watched Murrow or Cronkite and dreamed of doing that. Some of these ambitious appetites and callings that have brought people into journalism in the past may now manifest themselves in these other arenas, like comedy.�



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  • nogc_noproblem
    08-05 02:25 PM
    Due to inherit a fortune when his sickly, widower father died ...

    ... Charles decided he needed a woman to enjoy it with. Going to a singles' bar, he spotted a woman whose beauty took his breath away.

    "I'm just an ordinary man," he said, walking up to her, "but in just a week or two, my father will die and I'll inherit 20 million dollars."

    The woman went home with Charles, and the next day she became his stepmother.

    ... when will men ever learn!





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  • nojoke
    01-03 04:05 PM
    You are right. And so it is imperative that before that happens, the perpetrators and their handlers are hunted down, exposed and punished, in a credible and transparent manner.
    Pakistanis should want to know who is trying to provoke India, and risking a war in the subcontinent, and why.


    What apology?
    I am not responsible for the actions of those people. Imagine if after 9/11, an American asked you to apologize for the actions of the 19 'Brown men' (I am assuming here that you are a south asian male) who killed 3000 Americans, how silly do you think that situation would be. If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.

    If you cannot take actions on these terrorists and keep giving reasons for not handing over the terrorists, you don't have any credibility to give us advice. You don't even feel that your country men are responsible and you ask us to modify our behavior. How about going and doing something to change your country first? Meanwhile we will ponder if war is the only option left, because nothing else seems to be working...

    If I cannot convince you to agree to hand over Dawood Ibrahim, how do you think Pakistan government will be convinced even if the evidence is provided against the culprits? There are always reasons to justify your actions. Even if we succeed to convince your government, it will say ' there is no extradition treaty. So let us talk on signing one first. And BTW, the treaty is signed after the Bombay incident, so we cannot extradite people for past crimes. And we cannot prosecute them because they didn't break pakistan law.' That is why I said 'we cannot wake up people pretending to be sleeping'. If you want to be sincere, start taking the first step. Hand over Ibrahim.



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  • mariner5555
    03-28 04:45 PM
    correct.
    Bharatpremi - Thanks for yr earlier reply and for yr optimistic EB3 (I) predictions in other threads.
    --------
    here are the details about housing demand ..now that the bubble has burst with huge inventory still remaining ..it is difficult to see from where the (genuine) demand will come ..speculators and flippers are badly burnt ..This is from MSN money.
    --
    this country's median income of roughly $49,000 can hardly be expected to service the debt of the median home price of $234,000, up from approximately $160,000 in 2000.

    Let's do a little math. Forty-nine thousand dollars in yearly income leaves approximately $35,000 in after-tax dollars. Call it $3,000 a month. A 30-year, fixed-rate mortgage would cost approximately $1,500 per month. That leaves only $1,500 a month for a family to pay for everything else! (Of course, in many communities the math is even less tenable.) This is the crux of the problem, and the government cannot fix it.

    Housing prices, thanks to the bubble and inflation, have risen well past the point where the median (or typical middle-class) family can afford them. Either income must rise -- which seems unlikely on an inflated-adjusted basis -- or home prices must come down.





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  • dpp
    05-16 12:07 PM
    No need to have Durbin's bill. Just ban Outsourcing, then all jobs will come back and everybody will be happy here in US.


    My view is not based on my personal gain or loss. My view is even if they ban consulting H1b numbers will not be reduced so much and cap will be reached. Number of permanent jobs will increase and they will hire H1b only when there is real shortage. Why do you think IEEE-USA members are undeserving and lazy just because they are interesting to put restrictions in H1b? Infact they are interested in more green cards. We are appreciating. Just because they are pointing out some problems in the program we cannot brand them as anti immigrants or lazy people. We ourself know that there are some issues in the program. While we were studying in the college it was big achivement if our research article comes into IEEE. So IEEE is considered as one of world best academic association.

    It is not TCS,Infy,Wipro is causing delay to GC. Infact I worked one of those companies and still they are one of best in India. Still I may work those companies if I go to India.

    If there is real shortage of skilled people then we will pass all the tests which are given in Durbin proposal and we can get H1b. What is the problem in accepting? Infact I am not supporting Ban of H1b on consulting but other than that everything can be fine and easily passed by most of H1b persons



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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?





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  • validIV
    06-27 12:45 PM
    nothing you have said below answers my question. In 30 years if u are paying 1500 for rent that is 540,000 that is gone. Instead if you used that money to pay the interest, you canclaim that 540,000 as a deductible. Let me say it slowly so u can understand.

    540,000 of rent nets you zero in 30 years.
    540,000 paid towards interest makes it a deductible. That is the difference. In the 28% tax bracket you receive an extra 5,040 a year in your tax refund. But if you are renting you receive zero. That amounts to 28% of that money u lose renting which is a whopping 151,200 in 30 years which is huge.

    Again let me repeat 30 year rent of 1500/month is 540,000 down the drain. As a renter toy claim to save money while u are losing 1500/month. As an owner that 1500 goes to interet which I can get back 28% every year. You don't.

    I'm not even calculating principal here.

    When you rent the amount you save is the same as the principal+equity+property value of my home and savings combined. And in that case after 30 years i managed to get something back with that money you lose in rent. Even if u rent for 30 years the home you mightve wanted to buy 30 years ago at 400,000 is now 800,000. You cannot Afford to buy it anymore. And on top of that you blew 540,000 renting. I blew 540,000 on interest but guess what? I got 151,200 of that amount back in tax returns.

    Why can you not see that? Your arguments do not display any financial sound to renting other than you like to throw 1500 a month away.



    Pandey ji / Valid IV
    o.k..I will explain it slowly ..I can understand that those who are homeowners will justify their home purchase. some maybe in denial and have their head in sand.
    honestly, few months back, even I would have purchased a house . if I had, I would still admit -- that home is not necessarily good investment but a place to stay. even after I buy, I would still say that renting in an apartment has its advantages. here are 2 links in english.
    Why rent? To get richer - MSN Money (http://articles.moneycentral.msn.com/Banking/HomebuyingGuide/WhyRentToGetRicher.aspx)
    Why Your Mortgage Won't Make You Rich - WSJ.com (http://online.wsj.com/article/SB124352291846962809.html)
    --------------
    now you need to read this carefully else you won't understand what the authors are trying to say ..since it is bit unclear but it has good points (not trying to make fun here :)) ..do read since they are superb articles
    but here is even simpler explanation and hopefully that will explain what I am trying to say ..if you still don't understand ..u will need to find someone else to explain.
    first renting gives you flexibility ...so say, u get better job offer or lose job - you don't lose lot of money compared to house if you have to move.
    for 250K house, you pay around 300 property tax, 60 HOA fees, 150 - 200 in maintenance (recurring like lawn plus once in long term like roof, painting etc) , 100 - 150 extra in utilities. you pay downpayment of 50 k ..if you were to invest that money in better investments (mutual funds, stocks, high CDs. bonds) ..you would make 250 - 300 per month. plus add fees when you have to sell the house, insurance, termite protection etc etc ..
    plus in many cases, you end up buying a house further away than if you were to rent (since many want brand new house ) ..this means extra 250 - 300 in gas + vehicle degradation per month.
    (ALSO SAY U WERE IN MICHIGAN OR IN CALIFORtNIA -- you could get away from the state after making money easily if you were renting. .home means you could end up stuck there).

    I agree in apartment you get less space and hence I mentioned - u need to ask - do you really need extra space at this time in life - if yes, then home is better. (but renting a home is even better esp if prices are still falling in your area in this case).
    btw - as of now rents are going down -- you just need to negotiate.
    now you don't get the money back in rents..but neither do you get money paid in the expenses listed above.
    (in other words - you don't get money back that you pay in rent yr apt BUT you get a place to stay ..this is not India where you can sleep on foot path - so you need a place. apartment property owner will make a small profit - but that is the system)

    before you jump - house is good when it appreciates by atleast 1 -2 percent above inflation and I am not saying that you should never buy a house.
    there are many other points and I will post it in IV WIKI ...and I hope this helps newcomers ...this is my last personal post ...and do watch the movie :) ..once again I did mention in plain english that it is worst case scenario (the movie "pacific heights")..but best case scenario is not good either if you are a landlord with property in US while you are in India (or vice versa).

    hope that answers your question ..please note: the above is for normal cases ..but if you get a good deal or short sale or foreclosed home for 50K --- then yes, buying makes sense !!



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  • s_r_e_e
    08-07 12:13 PM
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  • willwin
    07-13 12:19 PM
    At the risk of differing with you and inviting unflattering comments from others, but to benefit a healthy debate, I beg to differ that spill over should go to the most retrogressed at the expense of a difference in skill, training and experience level. As you probably may know, EB2 does require a different and arguably more enhanced skill, traninig and experience level than EB3.

    If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.

    Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.

    Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.


    Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).

    That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?



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  • validIV
    06-05 05:24 PM
    My properties are in Woodside and Kew Gardens both in Queens, NYC. I have been fortunate as NYC is one of the best areas that kept its home value. I am certain this is not the case in 90% of the country but so far in NYC, the housing and renting market have only dropped slightly or remained stagnant in most areas here. In fact, some places are picking up again.

    I will admit that one unit (3 bedroom) that I was formerly renting out for 1900 had to be dropped to 1700 to compensate for the recession. But the house that the unit was located in (2 family house) appreciated in equity by 30,000 in 1.5 years (also in February 2009) amidst the economic downturn.

    As for generalizing, yes I understand that buying and owning is not for everyone, especially if your situation is temporary and you have no plans to stay in that area for long. But you are in America for God's sake. Take advantage of the system and don't be afraid of it. Why are you applying for your green card here if you dont plan to make it your home or long term? That just doesn't make sense to me. I know in the Philippines we cannot leverage as well as we can here with this system. I'm sure its the same in India? Correct me if I'm wrong.

    As for the housing bubble, it was bound to happen because banks were lending to people living beyond their means. That doesnt apply to us. Most immigrants are smart and don't buy a house unless they've done the math—even if the bank says we can afford it when we know we cannot.

    Renting, in my opinion, is a stepping stone. You rent only when you are saving to buy a home. You CANNOT rent your whole life, that is just a waste and like I said before, not smart. But smart people stop renting early and pay off their homes by their late 40s. At least that is what I am aiming for. Renting out my properties allow me to do that.

    With those rent/price ratio - it makes no sense indeed to rent.

    If I may ask you for a huge favor - could you please PM me more details about where specifically in Queens you have those kind of rent/price ratios?

    Since the market prices got so inflated - my experience is that the rent/price ratios are still wayy off historical trends. My impression (based on a few examples I have seen) is that in most of the situations - the rent would not cover the interest + property tax + maintenance, which would mean throwing away money if you buy.

    If indeed there are rent to buy ratios like the ones you have mentioned - then renting would be foolishness.





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  • 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.





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  • vdixit
    03-26 03:15 PM
    I am still confused about the whole GC issue in buying and selling a home. Why is GC an issue in owing property or even taking overseas vacations? I have done both with absolutely no issues-caribbeans, europe, India. I have owned a home, and then decided to change jobs-move to a different city and sell my house. Heck I sold my house when I was on vacation in India. I did everything by phone and fax, and this is not some few years ago, this is 2 months ago.
    I totally agree with the fact that location and the condition of the house being the key factors. Maybe the fact that I have been here for a few years makes me resident alien for tax purposes helped me? I am not entirely sure.
    Folks mentioned that what if you lose your job, and have to leave the country etc. But like I mentioned a house can be sold from abroad. And if you have a GC and you lose ur job, how will you make mortgage payments etc. So some problems will stay the same.
    Any thoughts/comments on my dilema?
    Perhaps someone can elaborate on why GC is a factor?
    Cheers.





    gjoe
    07-15 06:55 AM
    I would like to first applaud Pani for this effort. I strongly support his initative. I think his letter is original and from his heart. It is more authentic and human than what some on this forum are suggesting here. I think his gut feeling on this one is more important than the calculated steps IV has been taking so far.
    These kind of authentic letters from members like pani would give IV a more strong foundation to focus their energy. I think all those who want to write letters to the President, Senator, Congressmen, USCIS, DOL, DOS, DOJ, etc should do so and also should write the letter on their own instead of copying one. The reasons, sentiments and purpose will add more flavour to the whole thing. I would go one step further to suggest that some should write the letter in Spanish, French, Mandarin, Hindi, Urdu, etc, etc, if they think that they can express themselves better in their own language.
    Pani once again I would like to say that you are doing the right thing.

    PS: When the ship is sinking everyone wants to escape but the one who is aggresive to save himself has more chance of living than the other who is waiting for someone to save him.





    hopefulgc
    07-13 01:04 PM
    Good argument.. this should make it to the letter

    Here is my 2 cents worth...

    We can come up with agreeable facts that should go in the letter that explains EB3 I plight. IV core can help with this and also proof read and approve final version of the doc. We should stress on date being stuck in 2001. And AC21 not giving a whole lot flexibility to change jobs even with EAD. Like a programmer with 7 years of experience would be eligible to become a PM (if the person has acquired right skills/knowledge/experience) but I am not sure if AC21 allows a person to do that.



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