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  • burnt
    04-01 02:24 PM
    Hello burnt
    From my own experience USCIS actually called me directly . So don't be surprised USCIS calling your attorney. The best thing about the call was the immigration officer, verified all my info and notified on my 485 approval and my wife on that same call. It was hard to believe it , since even infopass couldn't confirm my approval. And I recieved my card in just 3 business days after the approval. So chill out , its a good thing that USCIS is trying to resolve your case. nothing to be worried about

    cheers

    Thanks For replying!. Just a little surprised as I was expecting an RFE for medicals, but the fact that USCIS personally calling my attorney just surprises me.




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  • nogc_noproblem
    08-08 02:42 PM
    If you enjoyed reading that one, you might like this one too.

    Mother-in-law: When you rearrange the letters: Woman Hitler


    This is hilarious! :)




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  • gc28262
    03-24 03:03 PM
    Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

    I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

    You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
    I am telling you the same thing I told the other guy .... you don't need to give me justifications.

    Just hope that USCIS will buy your story!

    All your assumptions about H1B is only for full time jobs is flawed. USCIS has not said that. There is no law that says that.

    BTW why do you think LCA requirements are meant only for consulting companies ? It is applicable to all H1B candidates. That has been the law for a long time. Nothing new here for you to be happy about.

    Your posts are driven by your ignorance than any legal base. You need to educate yourself in immigration perspective.

    Why USCIS audits are focused on consulting companies ?
    It is not because consulting is not allowed on H1B. It is because they figured out that H1B violation are more prominent among small companies.




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  • NKR
    03-25 04:11 PM
    not as easy as you say.
    when you actually sell - you need to get it cleaned - empty and it stays on th block for sometime. about parents - your remark again would be different for different people.
    would you be able to care for yr parents more if you are renting or if you own a house with big bills ?? with renting, you can leave at a day or 2 days notice !! with house - not so easy ! . with renting you can probably stay there for a longer time - if u have a house maybe not. This is another big reason I chose to rent even though someone in India is taking care of the elders. GC matters here too - maybe u can take longer vacations if u have GC and a house. but on EAD --renting seems to be the way :-).
    as for kids - till the age of 5 - 6, apt and house does not really make much difference for kids ..they just need a place to jump / spoil walls / have friends and play in park / school.
    ofcourse the foreclosures and firesale deals may change things - hey if you can get a house for half its cost and if you have the guts / courage to go through the whole thing ..then why not. people need to be careful too ..if people are still staying in the house ...it is a nightmare to remove them...bank repos or thru agents would be safer

    Nobody said it is easy mate. If you are paranoid and want to be safe and prepare for the worst case (like getting fired or your 485 getting rejected) then don�t buy a house. It is a long haul and no one knows when his/her PD would become current. By the time one gets GC, the kids would have grown up and missed their childhood. Read my previous 3 posts. My suggestion was for the person who started this thread and for his situation only. I know each and every person�s situation is different. Like I said if I was in CA, probably I would be renting too.



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  • senthil1
    08-02 11:29 PM
    AC21 tells that one can leave the job after 6 months of filing I485. But the green card is for future job and if anyone is not working for a company after receiving permanent job then green card can be considered as fraud.
    These 2 rules are contraditory in nature.
    Some of my friends quit the job after 6 months of I485 but after receiving GC they went back and worked for a few months.

    Generally USCIS does not have time and resource to track this. But I think they do randomly. One of my other friend resigned the job and he was doing business. He got interview and he postponed the interview to get a job and letter from his previous Company.

    If anyone is happy in their job can stay there till receiving gc. In case of layoffs there is no choice one need to invoke. Even if need to resign the Company it is better try to maintain good relationship. After 8 years GC is denied that will place in tough situation though it will happen for a few cases




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  • nojoke
    04-08 03:33 AM
    No, I aint a realtor but just a savvy investor who is waiting for his GC and wants to make passive income. I dont suggest ppl to buy 3 homes. What I wanted to convey is that in my humble opinion, its one way to make money while you wait for GC. Be judicious and assume risk based on your tolerance levels. I felt that if I could present folks with real life examples of making money, thats a compelling statement,.

    And since Uncle Sam provides tax benefits that include interest deductions and capital gains waivers, its a very viable option.

    My point is, think of your home as an investment that also serves as a place to reside.

    Figuratively, this is like a Thanksgiving Day sale and the door busters are already gone!

    If I buy a house today and loose 100K in value each year for 2 more years, how is it a savy investment? Savy investors buy low and sell high. Unless you are saying housing is not going to fall further, I am totally confused how it is an intelligent investment. Nightmare stories of the savy investors are all over the news.
    If you want to debate that housing is not going to fall further, history is against you. There are housing bubbles in the past and they take years to correct. It doesn't happen in months. Has there been so much disparity between house price and income ever in history of US? Show me the proof why the prices would not fall further. Do you know what happened to the last housing bubble and how long it took to correct itself?
    Don't tell me this time it is different. It is probably different because a fruit picker earning 20K income was able to buy a house for 500K with no down payment at the high of the bubble. It will be different this time because it will be the worst housing bubble ever. Please don't mislead people with false hope. It is their hard earned money



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  • unitednations
    03-26 05:29 PM
    UN,
    Thanks for sharing your thoughts on this. As always, your time is highly appreciated.

    So I assume in the Baltimore case, the 485 eventually did get approved (or if still pending, the USCIS atleast okayed the switch back to the petitioning employer despite the 140 revocation).

    And yes, I am talking about cases where the 140 was revoked for genuine ability to pay reasons and not so the underlying labor could be substituted for someone else.


    I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.

    That case had a lot more things in it.

    1) person never worked at the location as specified by the greencard labor
    2) person acknowledged he wasn't going to work there upon greencard approval
    3) person was claiming ac21 within same employer for different location


    Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.

    Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.




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  • Macaca
    10-14 04:25 PM
    Boxer Gets Boost in Industry Cash; But Aides Say Positions, Strategy Unchanged (http://rollcall.com/issues/53_41/news/20421-1.html) By John Stanton | Roll Call Staff, October 11, 2007

    With one eye on a possible 2010 re-election race against California Gov. Arnold Schwarzenegger (R) and the other firmly focused on the Environment and Public Works Committee, Chairwoman Barbara Boxer (D) is taking in increasing campaign contributions from industrial sectors and their unions with business before her panel.

    Boxer � who vaulted from a rank-and-file role on the committee to chairwoman following the 2006 elections and the retirement of then-ranking member Jim Jeffords (I-Vt.) � has long had a contentious relationship with industry. According to aides, she continues to maintain a ban on accepting political action committee contributions from a number of sectors, including oil and gas companies.

    Rose Kapolczynski, Boxer�s longtime campaign consultant, said Boxer has not changed her campaign fundraising strategy as a result of taking control of EPW and that she expects no major increases in contributions from industry once the cycle is completed.

    �I�d be surprised if there�s a major difference in the amount ... there may [just] be a difference in timing� of contributions by industry PACs, Kapolczynski said.

    Kapolczynski also said that in addition to maintaining her long-standing policy of not taking PAC dollars from the oil and gas industry and its top-level executives, Boxer�s rise to power has had no impact on her policy positions. �Anyone who�s followed Barbara Boxer�s career over the years understands there is one thing you can count on � you know where she stands on the issues. And whether she�s in the minority or the chairman, that�s not going to change.�

    But while environmentalists and other allies agree they have seen no significant sign that her long-standing commitment to their cause has waned with her ascension to power, Boxer has recorded what appears to be a significant uptick in funding from industries traditionally hostile to her philosophical positions.

    An analysis of campaign contributions this year through Aug. 30 showed that Boxer has taken in $41,000 from political action committees connected to the energy, natural resources, construction and transportation industries.

    According to CQ MoneyLine, the energy and natural resources sector so far this year ranks as Boxer�s second-largest source of PAC contributions, clocking in at $20,500.

    Labor unions, which have donated $57,650 to her campaign this year, rank as her top source of PAC dollars, and $21,500 of those funds come from unions connected to industries with business before the committee.

    Compared to the 2004 fundraising cycle � the last one in which Boxer was actively raising campaign funds, according to an aide � Boxer appears to be pulling significantly more cash from these sectors now than she was then. For instance, Boxer�s campaign reported $18,500 in total receipts from the energy and natural resources sector in all of 2003 and 2004, according to CQ MoneyLine, while the transportation sector donated $35,450, for a two-year total of $53,950 from these industries.

    While partisan fighting has largely stalled much of her environmental agenda this year � for instance, it appears unlikely that an ambitious climate change bill will be passed � the EPW Committee has successfully moved legislation key to industry.

    For example, Boxer successfully pushed through the Water Resources Development Act reauthorization bill this year. WRDA has long been a top priority for the construction and shipping industries, among others, since it provides billions in federal funding for public works projects such as levy construction and ship channel dredging. This year�s bill, which was vetoed by President Bush last month, included $20 billion in new federal spending.

    Similarly, Boxer�s committee is expected to pass a �technical corrections� bill making changes to the 2005 transportation authorization bill. The corrections measure, in addition to making modifications to the original law with millions of dollars for transportation firms across the country, also includes tens of millions in new spending, including a �mag-lev� railway project connecting the coast of California to Las Vegas.

    While lobbyists representing industries with business before Boxer�s committee declined to comment for this article, lobbyists and Democratic campaign strategists have noted a realignment now under way in Washington thanks to the 2006 elections that in many ways mirrors Boxer�s financial relationship with industry.

    For more than a decade, energy, natural resource and transportation industries and their PACs have tended to favor Republicans, who held control of Congress from 1994 through 2006, both in terms of spending and in whom they chose as lobbyists. But in the wake of the 2006 elections and the sudden ascendancy of Democrats to power in both chambers, those alliances have begun to shift.

    While Boxer has not shown any signs that her reliably progressive and pro-environmental positions are changing as a result of this new dynamic, one public interest advocate, who spoke on condition of anonymity, said Boxer and other Democrats clearly have begun reaping the benefits of power. �It�s good to be queen,� this source said.

    Democratic Senate aides said the veteran lawmaker is in the early stage of gearing up for her 2010 re-election fight, which could include a high-profile � and prohibitively expensive � showdown with Schwarzenegger, and that the increases in her fundraising are a reflection of that reality.

    Kapolczynski acknowledged the specter of a Schwarzenegger run but noted that any statewide race in California is a costly affair and nothing should be read into her donation increases other than the fact that she is prepping for her next re-election campaign. As a result, �she needs to prepare for a really tough race,� she said.

    Although state GOP sources said it appears unlikely at this point Schwarzenegger will make a run for the Senate, one Republican strategist noted the governor is infamous for holding his plans close to the vest until the last moment.

    �This is a guy who didn�t tell hardly anyone he was going to run for governor until he did,� the strategist noted. �He likes surprise and likes the theatrics of it all. He will keep everyone guessing till bitter end, I think. [But] everything I�ve seen so far is focused on being governor.�



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  • SunnySurya
    08-05 12:12 PM
    With all due respect, just because few people don't like it is no reasons for getting this thread closed..
    This thread is causing unhealthy division between EB2 and EB3. This thread should be closed and people should concentrate on the call campaign instead on fighting each other.




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  • chanduv23
    05-16 06:09 AM
    What if they give you all a chance for applying 485 and retaining PD before they ban h1b consulting??? I guess, you all will be happy with Durbin adn Grassley ;) ;) ;)

    The h1b system was designed to create brain drain in developing nations and bring them to America, but because of the implementation methodologies the opposite is happening, good people are either moving back or not coming or stuck with an employer which is not good for the economy.

    America gains nothing by banning h1b people - I am sure some provision will be there to protect people and get a fair chance towards imigration even if consulting etc.. practices are modified to work in correct methodologies.



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  • Refugee_New
    01-08 03:58 PM
    Refugee_New,

    Please check your private messages. We do not encourage abusive language on this forum. We very much appreciate your participation in this very important effort but no one wants to see you use abusive language at all times, including when discussing controvertial topics.

    Thanks,

    Administrator2

    Admin, I have responded to your message. Also please understand that it was my response to his PM using very harsh and abusive language.




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  • satishku_2000
    05-16 02:11 PM
    There are certain members who are intransigent about their support for the Durbin-Grassley bill.

    Majority of them are not opposing because they believe that consulting a lower kind of work compared to full-time employment but because they have nevered felt the need for consulting companies.

    Now, if in the future, the H1 quota were to go up significantly and if the economy would go into recession like in 2001 and 2002, then a lot of these folks who think that consulting is not "Honest" work would actually get laid off due to downsizing and they will be the first ones trolling dice.com to get a H1 quickely. And in those times, only the consulting companies will do an H1 transfer and save their asses from getting out of status and out of country. At such a point in time, the highly elite people here on this forum who think that consulting is not "honest and hard work" and only full-time employees are the real workers will have a very very different view of Durbin-Grassley bill.

    The good times and good economy offers us luxury of slinging mud on the lesser mortals in consulting jobs but bad times in economy can put you right at the place where you are slinging mud.

    So if you get your GC without ever needing to beg a consulting shop to quickely get you an H1 transfer to change your status during layoff season and economic recession, then good for you. You will have a luxury of sticking to your position in opposing Durbin-Grassley. Otherwise, I am pretty sure the Durbin-Grassley will look like a very bad deal to you too and you will flip-flop in your position.

    So enjoy the good times and take potshots at consultants while you can afford to.


    I have seen the worst times during 2001 and 2002 , How people were laid off from these so called permanent jobs ... hope we dont have see that again. People have to think twice before what they wish for.



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  • unseenguy
    06-26 05:07 PM
    Again where are you getting that 550K value for a house from . The houses that were 500K two years back are now 400 - 450K ( exclude the extremes ). Why the HOA - can't the house be a single family home like most of US .

    Taxes - well I was not saying you get the whole money back but are taxes the only reason one should not buy a house ?

    Housing price correction has already happened in most of the good areas. If you think that they are going to go down 20% more that is never going to happen. People are not going to sell. They will just say put rather than take a 40% loss.

    pandeyji, please dont jump to conclusion. The "kind" of house I want to live in is 550K now. I dont know how much was it 2 years back. I live in Seattle, where prices started to fall only late last year and this year when MSFT , Boeing and Starbucks announced layoffs.

    I agree that there are some places now such as : NC, SC, FL, MI , OH, TX, MN etc are good places to buy. CA , OR, NV, AZ and WA have vast supply of inventories.

    When I say I am expecting 20% correction, I am not speculating in blind. I have seen the data on zillow.com where they tell you last price the house was sold for, the date and current price. Zillow also tells you what is their estimate you should offer in current market conditions and how much correction, upward or downward have they seen in last 3 months.

    Now for eg: I see houses from 1999 where they sold for 250-300 K and owners of the same property now expect 550-600K in 2009.

    Now if I do a rent vs buy, I must offer this guy 400K-420K (max) for it to be profitable for me in 5-7 years against the current rent. Also majority of the houses have HOAs here in WA metro areas. Some are high and some are low.

    Again if I have any realistic chance for this guy to take my offer in good faith, he must bring down the cost to 450K. Then 400-420K is a doable deal.

    If the seller is serious, there is no reason why he will not accept a 420K offer because there is abundant oversupply in the market. He can hold out for 2 years but a distressed or needful seller will have to sell home for that price because he might get only 1-2 offers in a month or few months.

    Even in my own community, people are expecting 350 K for a condo with 280 HOA, do you think, I can offer them 270K? Only then the rent/buy will make sense for me in next 5 years (and to be honest I dont plan to live in a town home for 30 years).

    I have given you enough numbers, do the math, lets not bring emotional sentiment into this.




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  • GC_Applicant
    04-08 11:44 PM
    Not that I am going to buy right now., but want to get my home work done.

    Can anybody suggest some good guidelines for mortgage financing., like FHA loans (if I-485 applicant can qualify) and good lenders.

    Thanks for all the great info.



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  • gc28262
    03-24 03:16 PM
    I was one of you and I mainly deal with many of you guys. Unfortunately, people want to come into this country in many different ways and just because we want to; doesn't mean they are going to let us.

    btw; see --------------------------------for my comments.

    UN,

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

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

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




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  • conchshell
    08-06 10:09 AM
    All monkeys also interfiled and became lions.

    This is too funny ... monkeys interfiling and becoming Lions :D:D



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  • Macaca
    07-08 10:48 AM
    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    He received a notice of intent to denial last month. Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001. His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days).

    I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?




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  • unitednations
    08-02 06:36 PM
    Guys


    A simple question here ... I know that if an I 140 gets rejected 485 results in automatic denial as well as denial of all associated benifits. Is there any use with the labor? Can it be used to file for 140 again or can it be used to extend the H1B after 6 years.


    Re-file 140 or file an appeal on the 140.

    Filing the appeal; you will be able to extend the h-1b.




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  • Marphad
    01-08 02:28 PM
    All the religeous books were written based on contemporary circumstances. I have a friend named Mansuri, mentioned to me once why muslims don't eat turtles:

    "Few animals with hard shell were not hygenic or dangerous like crocodile. It was difficult to explain each animal separately to common people. So Mohammad advised that animals with hard shell should not be eaten. "

    Another one told by my friend Maqsood:

    "There were lots of cabella wars going on at the time of Mohammad. The prophet allowed to have more than one wives so that those ladies don't go on wrong route like prostitution. "


    Above examples seem acceptable over that time. At today they are not relevant anymore. Some people still want to follow the same words spoken 1300 years before literally without applying a slightest brain. They are abused and misguided by some selfish Mullahs who have their own agenda in life.

    Rather than abusing entire community, need to educate "spoiled kids" how they are misguided in current time. Unfortunately percentage of "spoiled kids" are very high as I mentioned in one of posts before.




    hpandey
    06-27 12:01 AM
    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 !!

    Thank you Mr. Hiralal for your condensending post . Your trying to explain it slowly will not make your argument strong.

    I am not trying to justify my homeownership to you or anyone else here. I am just presenting the real facts that apply to my case. I did not buy a house to get rich neither would I become rich if I rented.

    I bought a house only a few months back and not in the real estate bubble time. I have paid a good price for it and my mortage is the same as my rent . The house has four times the area of the apartment I used to rent and is in a very very good area . So why should I go on renting.

    Anyway my primary reason to buy was for my 2 year old who ( and my family ) need more space to live rather than a cramped two bedroom apartment. I don't know about you but I have spent 9 years in this country . GC is no where in sight. Waiting for GC and wasting valuable years of your life living in a rented accomodation don't make sense to me when you can get a nice big house for your family at a very good price and low mortgage .

    Maybe you believe all these media articles but these are written for a broad view.

    Everyone is unique and every situation is unique. There are a lot of places in US where the prices did not fall that much and there are some place where they are in fact rising now .

    Mortgage rates are low now as are the home prices after correction but what about mortgage rates two years from now ? I can't predict if the home prices will go down or not since that depends on the location but I can say this for sure that mortgage rates will go up .

    Homeowners like me don't have our heads stuck in the sand as you say - I spent a good two years 2007 and 2008 making calulations , waiting for the right time and finding a good valued house at a good mortgage rate.

    We are not as stupid as you think.

    Thank you .




    alterego
    07-14 01:12 PM
    Well, why is there 33% quota for EB1,2 and 3 in the first place. They could have very well made it 100% for Eb1 and if there was any spill over, EB2 gets them and then finally EB3! Because, US needs people from all categories.

    Now all that I am saying is there should be some % on the spill over that comes from EB1.

    If there are 300,000 applicants in EB2 and if the spill over from EB1 is 30K every year, you think it is fair that EB2 gets that for over 6-7 years without EB3 getting anything? That is not fair and if that's what the law says, it has to be revisited. I am saying give 75% or even 90% to EB2 and make sure you clear EB3 with PD as old 2001 and 2002. That is being human. They deserve a GC as much as an EB2 with 2007 (and I am not saying that EB3 2007 deserves as much as an EB2 2007).

    Bottom line, EB3 (or for that matter any category) can't be asked to wait endlessly just because there are some smart kids in another queue! We can come up with a better format of the letter; we can change our strategy to address this issue; we do not have to talk about EB2 and mention only our problems. We want EB3 queue to move.

    "Should" has no place in this. That is your opinion. A lot of things should happen in my view, that does not mean they are the law. It would be rather presumptous of us to tell the US legislators or Gov't how things "should" be.

    The laws are made the way they are for a reason, that is what US lawmakers consider to be in the best interest of their country. As for the spillover question, what is clear is that the real shaft was on Eb2I for the past 2 yrs, when all the spillover was erroneously going to EB3ROW. Eb3I was nor is in contention for those numbers. Sadly for EB3I, the country is oversubscribed and that too in a lesser priority category.

    Write this letter if you must, but it will cause the EB3 community to lose credibility with a lot of people, including the executive branch. They do not respond well to illogical letters and those that second guess their right to set the laws as they wish. It will turn out to be a massive distraction and turn into a joke.

    The focus of the EB3 community should be squarely on visa recapture. Technically that will help EB3I the most. Those affected most stand to gain the most as well. Failing this, I am not sure anything you guys do will make an iota of difference.



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