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  • Welcome back and Thanks very much for your valuable suggestions.

    I have an important question for you and would request your suggestion:

    Here's my situation: I am working for my current employer from last 6 years. My I-485 has been filed last week through my employer's attorney. My EB3 I-140 approved and I am on 9th year of h1-B. My H1-B expires in January next year. I have 3 other dependants on H4.

    Now my current employer is trying to either fire me off or reduce my work hours to about 8 hrs / week.

    What would be my best option to take decision?

    1. Should I :
    a. Stay home untill the expiry of 6 months and invoke AC21 after that? or
    b. transfer my H1-B to some other employer and start working on H1-B and just wait for 6 months to invoke AC21?

    2. Can my current employer reduce my hours legally? Meaning if they have to alter my H1-B to 8 hrs per week what will happen to my H1-B? Can i still able to transfer my H1-B to new emploer to work for 40Hrs/week if I want to?

    The problem is- if they can't reduce my hours legally, I may be fired. And, if I get fired, they will revoke my H1-B on the same day but won't revoke my I-140 untill 6 months.

    What do you suggest to help both me and my employer?

    Thanks a lot for your valuabale suggestion and helping me out.





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  • Chances of loosing right now, is very slim, since everything is lost and if you still have a good healthy job, chances are you would have it, and if you have backup like double income, you are running in no probability zone.

    After your i485 gets denied, I am assuming you can file MTR and wait for it. More senior members may throw light but I am guessing you would have 2-3 months time to leave the country.
    . o.k. Thanks. I don't understand why chances of losing are slim ?
    it is not high but it is not slim either for those on EAD / H1. majority of jobs posted ask for GC. H1 is in complete mess if you talk to any immi lawyer (I have a friend who is lawyer and I heard the same from a lawyer on desi radio).
    buying one house may still be o.k. ...buying 2 - 3 houses to put it on rent is absolute nightmare ..my friend tried that too (he too believed earlier that land is best asset) ... the renter stopped paying rent and he had trouble in evicting him ..on top of it the renter painted the rooms in wierd colors ...also how do you chechk how many people are staying in the house that you give on rent ..it is messy all way around ..if you really believe in land then better to buy some REITS (that is in mess too right now). luckily I had economics in my final year in engg college and the first and the fundamental equation is relation between supply and demand.
    in this country land is in huge huge supply (just look around) and families are getting smaller and green cards is given to 60 year old's (who just leave).
    credit is tight and will be for a long long time ..baby boomers will start selling their homes once prices stop falling ...so supply is massive and less demand ..





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  • For those of you who think housing will always go up and those that think it will back in few years..
    http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=7322611&ch=4226720&src=news

    I don't think it's good time to buy in CA.. Just wait for option ARM reset and market will drop more.





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  • Indian techie slams CNN Lou Dobbs (http://www.indiadaily.com/editorial/10-28a-04.asp)!, N. Sivakumar, October 28, 2004

    In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.

    "Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"

    The author writes.

    "The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.

    The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.

    The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.





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  • Just follow the law. There are lots of protections in it for us.

    UN, I am impressed by your knowledge of immigration laws. Can you point me in right direction as to where I find information regarding the current immigration laws and their interpretations.





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  • Do you have any idea what are you talking about and why are you talking about? In which year you entered into this GC hell queue? I would suggest you to go through last 8 years of EB category happenings and then you would realize why EB3-India are frustrated....I would generally write but before that I would think first and then write. Best Luck.

    Eb2- I people are wrong when they think any steps taken by EB3-I are because of jealousy. I have contributed in each of IV effort knowing fully well that Eb3I is not going to be benefited by the effort. Still someone was getting the benefit. Now if EB3I want to do something, what is the issue? If a person from Eb2I with PD of 2006 feels that the reason behind efforts taken by a EB3 I person with PD of 2001/2002 is jealousy, then the EB2I person is being very narrow in his/her thinking. It should not take a huge amount of brainpower to realize the frustration and sadness the EB3 I person would be feeling. Irrespective of this I think a lot of people who contribute to IV campaigns are EB3I.

    Everyone irrespective of what category he or she is would very easily realize that Eb3I needs help, else it is going nowhere. By reading comments in this thread, my fear is coming true that the help needed may not come from IV. Once all EB2 people get their GC, there would be no further fight for EB3.





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  • I also resent the idea that all US Masters folks are just "rich kids".

    Never said that. That was just a "story" response to a "story" post. The intent of the post is DO NOT TRY TO FRAME THE ISSUE IN ONE STORY. THERE ARE MANY STORIES.





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  • I am all for cleaning the system and reforming H1B - but I oppose an ill conceived half measure such as the one Senator Durbin/Grassley is proposing.

    My main concern is two fold:
    1. Let us assume I am a very bright individual and I am currently in Harvard. If I graduate from Harvard Business School, and I want to join McKenzie, can I do that? Can I ever be a Management consultant in US if I want to (read I as any random Joe who is not US citizen/GC holder)

    2. Can I switch jobs within a couple of weeks if I need to (I refers to someone who works for a good company but perceives opportunities else where) - this is important as my competition (US citizen/GC holder) has no restriction in place for them. This is also important during recession when I might be a valuable asset to another company but the company cannot afford to wait.

    My point is: definitely prevent abuse of the system, but not by putting more shackles on the hapless employee. Give the employee freedom to move anywhere for a certain period of time (could be 3 yrs renewable 2 times as per current H1b) and have strict penalties if this employee overstays visa etc.

    Additionally, if employers abuse the system, send them to jail right away (and have whistle blower immigrant status protection). Make employers more accountable than they are today.

    Just my 2 cents.....
    matter of fact is the spinelesss legislators can only go after the individual(employees), and lick the a** ot corporate America.

    IV ' s position is - Opposing the Bill, if some members think otherwise, so be it.





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  • Macca,
    Our is an adovacy group comprising of only volunteers and with specific agenda. There may be several other Advocacy groups with similar characteristics as ours, agreed they may or may not be immigration focussed. Thus, examples of such Advocay groups that had to lobby to change laws in their favor , overcoming oppositions will help.

    For such advocacy groups , do you have any insights into the following ( Based on your readings or research)?
    a) What such group do to increase active participation of their members?
    b) How such groups are organized?
    c) How the short term and long term goals are developed/identified?
    d) How the leadership pieline for such groups is developed?
    e) Best practices when interacting with other like minded groups, without undermining their own agenda.

    If you would like to discuss on the phone or through e-mail. Thas should be fine with me.
    Thanks
    Singhsa3





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  • I agree with the OP. I have similar situation where I came to US in 1999 for my MBA and every single time there is a good opportunity, my immigration status gets in my way. I am tired of the wait and at a point where it seems like this endless wait is not worth it.

    If I don't see any immigration relief in terms of legislative action, then I will sell my assets (including house) and settle overseas (Canada/Australia or India).

    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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  • We are mixing too many different aspects of home buying and creating confusion.

    We buy homes, when we have clearly done our home work and know we can afford what we are buying and our incomes are expected to be reasonably stable. Everyone knows this and no one is arguing against the above logic.

    The points of contention were home life vs. apt life, and home as a home vs. home as an investment. I got into this thread to point out how some people are so obsessed about resale value that to them a home is nothing more than a piece of investment which should appreciate with time and be sold off.

    But these topics appear to be rubbing some people the wrong way as they are hurt to discover that there exist people who do not think the way they do. For that reason, I will lay off this topic.





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  • A glance at year-end actions in Congress (http://www.mercurynews.com//ci_7761858?IADID=Search-www.mercurynews.com-www.mercurynews.com) Associated Press, 12/19/2007

    A look at actions in Congress on Wednesday:

    BUDGET BATTLE

    Congress sent President Bush a $70 billion bill to fund military operations in Iraq and Afghanistan. The money is inside a $555 billion catchall spending bill that combines the war money with money for 14 Cabinet departments. Bush and his Senate GOP allies forced the Iraq money upon anti-war Democrats as the price for permitting the year-end budget deal to pass and be signed. The vote in the House was 272-142. The spending legislation affects virtually every part of the government other than the Defense Department's core programs.

    ALTERNATIVE MINIMUM TAX

    Congress sent President Bush legislation blocking the growth of the alternative minimum tax. The House voted 352-64 for a one-year fix of the tax, which was created to make sure very rich people did not totally avoid paying taxes. But since it was never adjusted for inflation, it affects a greater number of middle- and upper-middle-level income people every year. Without the fix, those subject to the tax would have risen from 4 million in 2006 to about 25 million in 2007, with the average levy of $2,000 a taxpayer. The main beneficiaries of the tax relief would be people in the $75,000 to $200,000 income level. Bush said he will sign the bill because it does not include tax increases or other new sources of revenue to pay for the $50 billion cost of the tax relief. The legislation will shield some 21 million taxpayers without a means to cover the cost to the Treasury.

    GUNS

    Congress approved legislation that would make it easier to flag prospective gun buyers who have documented medical problems. The legislation clarifies what mental health records should be reported to the National Instant Criminal Background Check System, which gun dealers use to determine whether to sell a prospective buyer a firearm. It also allows the attorney general to penalize states beginning after three years if they do not meet compliance targets. The bill requires federal agencies to notify people flagged as mentally ill and disqualified from buying a gun and to notify people when or if they have been cleared. Propelling the long-sought legislation were the April 16 killings at Virginia Tech, when a gunman killed 32 students and himself using two weapons he had bought despite a documented history of mental illness.

    HEAT AID

    Congress acted to give extra home heating assistance to cash-strapped families. The government's Low Income Home Energy Assistance program would get roughly $409 million more in a year-end budget bill sent to Bush. The program provides heating and cooling subsidies for the poor. Millions of poor and elderly people on fixed incomes rely on heating assistance to help pay their heating bills.

    SCHIP

    Congress sent an extension of a popular health insurance program for children to Bush. Lawmakers supported a $35 billion expansion of the State Children's Health Insurance Program. Bush vetoed two bills that would have provided the additional money but is expected to sign this version. The extension through March 2009 was part of legislation that also gave physicians a 0.5 percent rate increase when they treat the elderly and disabled in Medicare. Physicians had been scheduled to take a 10 percent cut. The reprieve for doctors will last until June 30. The bill also includes a moratorium on new regulations that would reduce Medicaid payments to schools.

    TOY SAFETY

    The House approved a bill that lawmakers hope will make children's toys safer and increase the powers of the Consumer Product Safety Commission. Under the bill, anything more than a minute amount of lead would be banned in toys meant for children under 12. The bill also increases the agency's budget to as much as $100 million for the agency by 2011, gives $20 million to modernize the commission's testing lab and bans industry-sponsored travel for the commission. The bill would also ban the sale and export of recalled products, require tracking labels on children's products to aid in recalls and require mandatory third-party testing by certified laboratories. The legislation now goes to the Senate.

    CIA DESTROYED TAPES

    The CIA agreed to produce documents to Congress relating to the destruction of interrogation videotapes of two terror suspects. The CIA decision came after the chairman of the House Intelligence Committee threatened to subpoena two CIA officials to testify about the tapes.

    CONFIRMATIONS

    The Senate confirmed more than 30 of President Bush's appointments. They included Steven Murdock, the state demographer of Texas, as the new director of the Census Bureau, and Julie L. Myers as director of Immigration and Customs Enforcement. Critics had questioned her qualifications to lead the government's second-largest law enforcement agency.





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  • Muslims are cowerds. They never come out in open and attack. They take the means of Jihad etc....
    No matter how highly educated they are. Their basic nature remains the same. Every Muslim country u name it has a problem with either their neighbouts. They do not belive in harmony an co existance. surprisingly they also fight among themselves.
    Read the link below on how mean they are.
    http://www.rense.com/general29/FAHD.HTM

    Now this article states the Israel - Palestine conflict clearly.
    God bless Israel. God has always been with Israel.





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  • Don't worry guys, this is just a time pass while people are waiting for Nebraska to issue some green cards..;)





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  • Qualified_trash,

    We (IV Core) have no problem with dissent or discussion. Both gc03 and learning01 each expressed their opinions on reacting to Lou Dobbs.

    On the issue of what to do about Lou Dobbs:

    (1) Lou Dobbs is no friend of ours (immigrants) -- he absolutely doesn't make the list of people we should thank! A little googling will tell you more about Dobbs and his immigration politics. He is using this argument today to further his ends. Not just Dobbs but other anti-immigrants are on a divide and conquer path to kill this version of CIR.

    (2) IV as a group has plenty else to do, so there will be no IV-wide response to Lou Dobb's comment of the day.

    On the other hand, all of our members are individuals, and they are free to express their opinions by calling or writing, so long as they do not claim that these are the opinions of IV as a group.

    best,
    Berkeleybee





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  • There is no point in dividing the forum. I think if someone wants to do something like this then the best course of action is to take this outside the forum or through PM.

    Lawsuits are not child's play...

    If you find enough people and have solid plan in place, I am willing to pay anywhere between $500 to $1000 towards the lawyer's fees....





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  • 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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  • I am glad you see the spirit. I love hearing counter points.
    Good Points. I like discussing real-estate; I'm deeply interested in it. So in that spirit of having a good conversation, here's my response:

    Couldn't agree more. Real estate is really local. IMHO, rela estate in SF Bay Area where I live, is still very inflated. It will slide for at least a few years before it starts stagnating. Off course even in Bay Area there are bright spots where the schools are really good.

    Real Estate market is always local. Unlike the market for -let's say- rice, which can be transported from one place where it's abundant to where it's scarce easily. Real Estate remains where it is. It's also subjected to a lot of local laws, municipal regulations etc. So, any discussion we have here will NOT apply to every single location. You have to research your own local regulations/market etc.

    If you have rent control, it significantly changes the picture. It usually doesn't make sense to buy if you have rent control.


    Could you explain property tax a little more? i.e. when you own it what % of your house is the tax? Is it a state tax? Is it fed deductible?

    Yep, you pay it when you own a house. And yes, you pay it when you rent (it's rolled into your rent). The difference is that when you own, it's tax-deductible; if you pay it as part of your rent, it's not.



    As a standard practice coming up with 20% down payment should be the right practice. But in Bay Area where an average house is 700K, coming up with 140K just for down payment is not easy. Again, this is really local. In ohter places coming with up with 20% makes it really easy. But in Bay Area ppl end up paying 5-10% as down payment and then pay monthly PMI.

    You don't pay PMI, if you put down 20%. Not a bad idea to save that much. It forces one to learn financial planning and forward thinking.


    Completely agree. Primary residence is for living but you don't want to buy something for .5 mil and realize you got sucked into a bad deal.

    Profit/Loss is not what the primary residence is for.


    Well, rents in the longer eventually do go up.

    You can rent for less, now, but how about later? You're assuming rents don't go up, but they do. One of my neighbors pays $250 per month in loan payment for a house he bought 20 years ago (property tax and insurance adds $550 more). It was a big payment then. Now it's almost live living for free. If he rented this he'd by paying $2500 at least. Again, if you don't plan to settle down, don't buy.





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  • ok..never mind..I called the officer and informed that I don't have any such information and since it was taken over by a different company, I am not in a position to get it..so Officer seemed satisified but asked few other related questions..and it is good for now..

    sigh..





    ca_immigrant, you have brought up good points and the sophisticated rent vs buy calculators are available online for free which anyone can run math in 10 mins. Rents are holding steady in CA, so calculations might play a bit differently in CA.

    First of all, 5% is not available today for 30 yr fixed, its more like 5.25%. Another attractive option could be 5 year ARM or 7 year ARM if you can make additional payments for the principal, it will significantly bring down the principal amount owed at the end of first 5 years if you make CONSISTENT (per month) additional payments.

    I live in WA, I searched MLS & zillow for recently sold homes, most homes are going for 15-20% less than owner asked priced. Avg 3 bedroom house price here is 500K.

    1. I do not qualify for tax rebate offered this year due to income level restrictions (spouse works)
    2. Rents in Seattle have fallen steeply. Last year (aug), I was searching for apartment, I was offered at 1600 or 1700. The same apartment is now going for 1450. Some have fallen more steeply upto 1200 of the same class. I can get a very good/posh 2 bedroom apt for 1050 USD per month in today's date if I move out 5 miles more. It was unthinkable in seattle area 1 yr back.

    As you said, monthly payment on a 500 K house comes to around 2750 USD, thats true even in seattle. Thats 1750 USD more than the rent or atleast 1500 USD more than the rent.

    The gamble would be to stay in 1050 rent house for 2 more years and save bigger nest for downpayment. And prepare for the prices to fall more. say 25% more.

    Even if I offer current owners 20% less , the math does not make sense for me. Hence I am expecting 30% -35% correction from current expectations of the owners.

    Dont get me wrong, the owners would still be making a profit on homes constructed before 2003 even if there were 30% more correction.

    One thing we all know for sure is , home prices are not about to go up spectacularly. Maybe 30-40 K up in 2 years from now. When you are thinking of 10-20 year deals, thats not a lot, its peanuts :)

    As of now, I am thinking of buying a nice car instead of a house, since I can talk down car owners equally and since my GC is in geopardy, buying a car for now makes better sense. :)

    As someone said we should consider luxury of a house. I have rented one townhome for 1500 a month for which my neighbour is making 2800 USD payment, go figure :)





    Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?

    Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.

    Modi is the need of the hour andnot Gandhi....Grow up man.



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