Saturday, July 2, 2011

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  • immique
    07-14 01:30 AM
    what a fantasy land we are in. Do you know what an Executive order from the President means? if any one on the forum has the influence to get an Executive order from the President then this retrogression would not have existed at all.

    It may be possible to the Sec.of DHS or the President to issue an executive order to allow a "processing grace period" that extends the visa allotment past Sep30th for a given year for those cases where processing had already begun on or before Sep30th.

    This is a small incremental step - but it may help with using up a few 1000 extra numbers.




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  • axp817
    03-26 06:30 PM
    here is the link.

    Becausing of uploading issue: follow this link.

    http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp

    from there click on a-1 certification; decisions issued in 2004; click on second decision from the top. If someone can download the pdf and attach then we can discuss.

    The attachment upload fails for me as well but goddamn UN, you are unbelievable.

    1. Your knowledge of the specifics and technicalities and access to information is very impressive

    2. And you go out of your way to share it with others

    That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.

    Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?




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  • waitnwatch
    08-06 02:05 PM
    Ha ha ha ..................

    I just got a red dot with the following comment for explaining what INA and CFR are

    "Why ar eyou after BS + 5 years exp?"

    To the person who served up that comment ........I'm not for or against anything or anyone. I am just trying to put a legal and logical basis on the discussion. I think everyone working hard in the US deserves to get their green card sooner than later. This discussion will not influence USCIS in anyway so we might as well try to hone our arguments and thrash out the logic instead of lambasting each other on a personal level. I guess all of us here are educated enough to do that.




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  • vamsi_poondla
    09-30 10:30 PM
    Rightly said. This is the case with most of us mpadapa. We too are in the process of starting Australia PR. Perth area, while not as great as Silicon Valley, according to many, is a breeding ground for innovation.

    I cannot let this uncertainty - whether Obama's immigration policy will be same as Durbin's immigration policy for highly skilled immigrants - ruin my future. I have a career ahead and want to be in control of my fate.

    When I visited Statue Of Liberty last week, I had a strange feeling. First time I suspected that it is an age old fable that America used to accept immigrants with open arms to flourish - grow and contribute back. It seems too good to be true because our GC process is so irrational. 8 years wait for becoming PR in contrast with other western democracies could do it in < 5 years with a smoother process. Something wrong here.



    If Obama becomes president can he restore the faith of high-skilled immigrant who play by the books and still have to wait for decades to get their Green Card.

    After graduating with a Electrical engg degree from a top school in India, I got a job with a world leading semiconductor company. I first came to USA almost 12 years ago on a business trip as part of a multinational chip design effort for high end Telecommunication market. I was very impressed with the group of professionals I worked with. I felt the work environment stimulated the creativity in me and brought the best out of me. After the short trip I went back to my home country but that visit left a lasting impression on me and I felt USA would be the place I can further my professional abilities. Couple of years later, I came to USA for my Masters to embark on that journey. Even though I graduated when the US economy was in recession (2001), my unique skill set was much sought after and hence I got a job with a R&D startup division of a popular Japanese company. Working with a great group of professionals brought out the creativity in me. I currently have 10 US patents. The sailing was smooth until I started my Green Card process. The outdated immigration system and the long wait in the limbo state has been impacting my professional and personal life. I am starting to doubt that my American dream is slipping away day by day. I hope if Obama becomes the president he would restore some credibility to my faith in the immigration system. But if Sen. Durbin is driving Obama's immigration policy then I fear even more long waits for high-skilled immigrants because of Sen. Durbin's aggressive stance against H1B's. Mean while I have started to look at immigrant friendly countries like Australia and Canada as my possible future destination. Due to too much headaches with immigration process my Director had decided not to hire any more foreign workers, this decision has crippled our divisions expansion as most of the interested candidates require H1's. All the new projects which otherwise would have started in USA has moved to other places all because of the broken immigration process.

    Obama has mentioned many times on the campaign trail that "his education" is the reason why he has risen to where he is now. I feel Obama is a person who values higher education and high-skilled professional and I do have great faith in Obama's skills, I hope he takes a strong stance on the need to reform the high-skilled immigration system.

    Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. The companies started by those immigrants employ thousands of Americans and millions in tax revenue. Then why is America so hostile towards the same high-skilled immigration system which in the long run benefits America. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.

    Here is the link to the NFAP report which I talked about

    http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf



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  • pd_recapturing
    08-05 08:29 AM
    Friend, How many times, you need to know that even job requirements do get rigged by lawyers and employers to accommodate ppl in eb2/eb3 ...and its not jumping the line ...the person has to restart the labor and 140 in order to change the category ...u cant compare it with labor substitution (if u r comparing !!)




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  • CreatedToday
    01-06 05:50 PM
    Are they poor? I doubt, this is luxury!

    "... at least two of his four wives, as well as several of his children ...

    Mr Rayyan, a professor of Islamic law, .... his five-storey home ... He had been an advocate of men having up to four wives and as many children as possible,...

    He had vowed that Hamas would go on to seize control of the West Bank from Fatah, as it had done with Gaza in a week of street battles in June 2007. He accused the Western-backed Fatah leadership of Mahmoud Abbas, the Palestinian President, of collaborating with Israel, a charge that normally means execution in Hamas's rough justice
    ...
    http://www.timesonline.co.uk/tol/news/world/middle_east/article5429904.ece

    Exactly. Hamas was the need of the hour for Palestinians and that why they choose their government. We may call them terrorists, but they are their legitimate government. People always chose leaders who fight for their right. Now you brand them terrorist and that will give you free hand to kill them and their people. Thats what happening. Isreal doesn't want anyone to stand up to their aggression. At the end, its poor people and children who get killed.



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  • Marphad
    12-17 02:48 PM
    I never commented Muslims as terrorists and even don't believe so. If you read the title again, it clearly says "I hate converting terrorism to muslimism" - which few morons like Antulay are doing. They are actually indirectly trying to imply that.

    If I meant anywhere that I have problem with muslims, believe me it will be writing issue. Yes, I do have problems with people who are Indian citizens but support Pakistan and terrorism.


    What is there in his remarks to be so 'terrorised' about? Where is 'Muslimism' here?

    I hope as far as there are people like you and some others who commented as if 'Muslim means Terrorist' (but you won't tell that directly), there will be more terrorists; and it is quite understandable.




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  • Ahimsa
    02-25 06:34 PM
    Of late, people started giving 5 star rating for Lou on RateItAll.
    Please go to this site and rate him as you like.
    http://www.rateitall.com/i-29533-lou-dobbs.aspx
    I gave him a lowest single-star rating (terrible)



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  • Macaca
    02-21 04:18 PM
    we are targeting him because he is saying things which are inaccurate if not ludicrous regarding immigration.

    Is it posible to post these inaccuracies about us. I want to post them here (http://www.washingtonwatch.com/bills/show/110_SN_9.html).

    I want to post the general apathy of media towards us. However, all I have is no one reports about us. Any more ideas? Thanks.




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  • Macaca
    03-06 09:03 PM
    Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html) Report of the Visa Office

    The Report of the Visa Office is an annual report providing statistical information on immigrant and non-immigrant visa issuances by consular offices, as well as information on the use of visa numbers in numerically limited categories.

    APPLICATIONS FOR IMMIGRATION BENEFITS (http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Aug07. pdf)
    Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/xabout/structure/editorial_0482.shtm)

    CIS Ombudsman's 2007 Annual Report to Congress (http://www.dhs.gov/xabout/structure/gc_1183751418157.shtm)
    CIS Ombudsman's 2006 Annual Report to Congress (http://www.dhs.gov/xabout/structure/editorial_0890.shtm)
    Annual Report 2005 (http://www.dhs.gov/xlibrary/assets/CIS_AnnualReport_2005.pdf)
    Annual Report 2004 (http://www.dhs.gov/xlibrary/assets/CISReport_to_Congress.pdf)

    Spotlight on Legal Immigration to the United States (http://www.migrationinformation.org/USfocus/display.cfm?id=651) By Gretchen Reinemeyer and Jeanne Batalova | Migration Policy Institute, November 2007
    Yearbook of Immigration Statistics (http://www.dhs.gov/ximgtn/statistics/publications/yearbook.shtm)
    Annual Flow Report

    U.S. Legal Permanent Residents: 2006 (http://www.dhs.gov/xlibrary/assets/statistics/publications/IS-4496_LPRFlowReport_04vaccessible.pdf) By KELLY JEFFERYS
    U.S. Legal Permanent Residents: 2005 (http://www.dhs.gov/xlibrary/assets/statistics/publications/USLegalPermEst_5.pdf) By KELLY JEFFERYS AND NANCY RYTINA



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  • H1B-GC
    09-26 08:50 AM
    Also,as America becomes more socialistic the power of lobbying from companies becomes even more less appealing to the Politicians. Our interests had to be protected by ourselves.

    http://www.time.com/time/nation/article/0,8599,1843168,00.html




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  • unitednations
    07-17 12:19 PM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)


    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.



    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??

    ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!

    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??




    Thanks.

    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.



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  • EkAurAaya
    08-05 06:00 PM
    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.

    Friend... Your post is obviously selfishly motivated... and shortsighted. I'm sure if you were EB3 you would not make the same logical suggestion that you claim to be logical based on your self centered thinking.

    What you're suggesting is make it even more difficult for anyone to change jobs (then it already is)...

    Don't get too comfy with your EAD card, god forbid you might just get a RFE your AOS can get rejected, then you'll realize why your PD should be portable :D




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  • new_horizon
    12-18 08:33 AM
    i agree that organized religions were created by man, but I am talking about faith. God did not come to create religion but a way to salvation. the main message of the bible is forgiveness, and the sacrifice that God made in order to save mankind. the person the bible portrays is the man who wanted to sacrifice his life for all of us. history proves that to be true. I don't think any king would want to change that message.
    God hates evil, and both God and evil cannot exist together. Man is doomed to eternal death because of sin. but God loved us that none of us should perish, and that's how he gave us a way to escape death (not mortal). that is through the great sacrifice He made for mankind.

    Book of Romans 5:8
    "But God demonstrates His own love toward us, in that while we were yet sinners, Christ died for us."



    Look, your intensions may be good and I respect that, but one cannot solve one problem by creating another problem of equal magnitude.

    Isn't "religion" the reason why folks are fighting? I do not mean to offend anyone, but I think all religious books have been doctored by the kings who were in power during the last two centuries. Bible, Geeta, Quran, or for that matter any religious book of any organized religion - they are all doctored from its original version. Why? Because the purpose of these books is? Guess what? To oragnize the religion. Their primary purpose is not spirituality. Because if the sole purpose was spirituality, no one will have fought each other in the name of religion for thousands of years.

    I guess the question I would ask is - WWJD ie. What Would Jesus Do? If you asked Jesus that are you the only son of god, WWJD? I can tell you with 100% surety that he will say - we are all sons and daughters of God. But con artists have doctored the holy book to suit their meaning and interpretation. Anyways, I do not mean to have a philisophical debate here with you being the "protector" of Jesus, why? Because Jesus or Allah or for that matter any great soul doesn't need any protection from anyone. Just as a cartoon cannot damage Allah, any discussion about any faith cannot damage the GOD. But too often we want to be seen as if "God is on MY side" because I follow CORRECT religion, and everyone else is against my team of "ME & GOD". And thats just the most absurd thing mankind could come up with in the form of organized religion. But the truth is, thats the most common view most humans take, everyone is protecting their "GOD", which actually sounds like a joke. Does god need any protection??? I mean give me a break.

    Please don't bring one flawed system to replace another flawed system.



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  • jgh_res
    06-12 10:57 AM
    It's just not all media hype. I live in fairfax county and in the last 3 months any house that was listed at market price got sold. I have 3 friends that bought houses in the last few months.

    In Arlington County, the median sale price was up 11 percent to $469,000 and 239 homes were sold — up nearly 5 percent from the same month a year ago.

    http://www.bizjournals.com/washington/stories/2009/06/08/daily55.html

    I am not saying that this is the right time to buy or anything like that. All I am saying is "Its just not media hype".


    Guys.. stay put for now..
    Did you hear that home sales are up! All these media and those streaky economists and so called "housing experts" claiming in the news channels for past couple of weeks?.. that is media messing around with people's head.. I was looking at the public records for home sales and found that a huge portion of current homes sales are nothing but LOW END old homes between (75K to 150K).. Only a neglegable percentage are the ones between (200K and above). This is exactly what media doesn't speak about.. they conveniently skip this part when they report on home sales lately...

    Its the gotcha guys.. now they started to increase price a bit.. banks are pushing up interest rates to create a scenario where people are made to believe soon, its going to be out of reach again.. so grab one now.. and get that $8000 credit for yourself.. What they are trying to do is, create an artificial demand.. We all know that it isn't going anywhere.. by Q409.. we will see the prices again going south.. only thing they can do is delay the natural correction during this summer.. Its going to happen any way.. and by end of fall into winter, it is highly expected to reach the floor and stabilize during 2010 spring and summer ( average price in the range of 4 times disposible annual income), if not further decline as we saw in certain areas of california and florida..

    When you are in the market for a home, do not go by these general claims by media folks.. brokers and realtors who fake the confidence.. you will have to segment and compare the specs to sales price with in your choice of segment.. (such as..homes below 200K, between 200K to 300K, 300K to 400K and so on.) Public records are available online for almost all the counties in US, you can pull that up to see whats going on in your area before you jump into conclusion. This will give us a better feel of the market and even better, bargain opportunity.




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  • unitednations
    03-26 06:11 PM
    Oops, I just saw UN's reply. His answer is more specific than mine, and mine is based on anecdotal evidence so please go with what he says since his is based on personal experience.

    UN, Thank you for following up on my question on the Baltimore case.

    here is the link.

    Becausing of uploading issue: follow this link.

    http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp

    from there click on a-1 certification; decisions issued in 2004; click on second decision from the top. If someone can download the pdf and attach then we can discuss.



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  • msp1976
    02-16 10:45 AM
    If your proposed legislation is defeated, there is frequently another opportunity to reintroduce it. Don�t be discouraged. Often it takes several tries to pass a measure, especially one that seeks to bring about an important change.

    If you win, do not get complacent. Monitor implementation and make sure your legislation is fully funded. Look out for opposition attempts to undo or diminish your victory by trying to repeal your legislation, filing litigation to overturn it, or seeking regulations to significantly weaken its implementation.




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

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

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

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

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

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

    Suppose your rent is 1500$ a month

    You pay 540,000 $ in 30 years

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

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

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

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

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

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

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




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  • sledge_hammer
    06-05 04:33 PM
    You are right about #8. I should not have included that under "expense". But going with the spirit of my original post, in the long run, the equity you build (15K/yr) will far out weigh the yearly savings you get by renting.

    >> Savings on tax deductions/yr: $ 4,050 (30% bracket, $13.5K interest)

    This assumption may not be correct. You can take tax deduction for mortgage only if you forego standard deduction. Assuming it is a 3 people household (Mr., Missus and Master) - you would forego the standard deduction of around 10k. So the marginal tax saving would only be around 1k assuming 30% bracket.

    In case you itemize anyway (small business owners typically have to do this) - then your calculation of $4k in net tax saving is correct.

    My calculation would be:

    Situation Own:
    Your expense is
    item# 4 +
    item# 5
    - Corrected item# 9

    Item #8 is NOT a mitigating factor to your monthly expenses. To earn the quity - you have to make the same amount of cash payment - cash which you could have used in any other form of investment.

    So the total would be
    13k + 9k - 1k ~ 20-21k.

    So - in this example - renting would come out quite a bit ahead.

    However, in ValidIV's example buying would be superior to renting.




    sroyc
    08-06 10:41 AM
    I'm not a lawyer but I think it'll be hard to prove that A qualifies for EB2 given that he/she does not have a Masters or 5 years of experience in a related field.

    Regarding the EB1 spillover - yes, it's a valid question but the fuzziness of the law gives them enough room to interpret it either way.

    Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?

    Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?




    damialok
    03-31 01:50 PM
    Example: $ 500,000/- purchase price (3000 sq ft single family home)
    Land cost: 80,000/- ( defined by county - assessment record)
    Construction cost: 1,40,000/- (If you do home work you can easily
    derive current construction cost)
    Let's say you give the order to somebody to construct: Add his 25%
    profit which is reasonable)

    I am currently looking to build my home in SF Bay Area and these figures dont look that encouraging. Here is what I have got and this is due to severe crunch in construction industry.

    Land: $600,000 (it was listed for $850K 12 months back, thats after 25% drop)
    Construction Cost: $190/sqft (It was $280~$350 2 years back) - for 3000sqft - $570,000
    City Permits and Architectural fees - $120,000

    A grand total of $1.3 Million. But this if if you were to build it, the run-of-the-mill tract home builders can get it much cheaper, say around $1million.
    Again these figures vary by region but generally give a picture of cost breakdown in California.


    Land - 46%
    Construction- 44%
    Permits - 10%



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