I hope you get your GC soon. As for me its 'wait until dark'. It'll come some day.
And NO I am not an IT EB2. I am a non-STEM MBA in Finance who does not pratice engineering anymore.
you did not get my post...last thing we want is silly argument regarding EB2 and EB3................
And NO I am not an IT EB2. I am a non-STEM MBA in Finance who does not pratice engineering anymore.
you did not get my post...last thing we want is silly argument regarding EB2 and EB3................
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razis dude, I'm probably the most secular person you'll find on IV. Read my previous posts. However I have to disagree with you on this one and that too very strongly. Each of the places you mention Muslims are the Oppressors and not Oppressed.
I completely support George Bush's doctrine of smokin' em out and ridding the world of Islamofascism. He is one of the best presidents this country has ever had. However he is misunderstood throughout the world. World over - jihadis and islamofascists hate Bush with a vengeance - which tells me only this - He must be doin' somethin' right. As long as we have more leaders like Bush we are in safe hands.
We shall not tire, We shall not falter and We shall not fail - until Islamofascism is wiped out.
Just my 2 cents.
Yes, everybody, all senators, wanted to teach these terrorists a lesson after 9/11.
Afghan war is good and Iraq war is bad. Why, because Iraqis didn't leave WMDs a.k.a nukes behind.
(A weapon of mass destruction (WMD) is a weapon that can kill large numbers of humans and/or cause great damage to man-made structures (e.g. buildings), natural structures (e.g. mountains), or the biosphere in general. The term is often used to cover several weapon types, including nuclear, biological, chemical (NBC), and radiological weapons)
Now, Iraq war went bad, economy went bad (due to main street scamming the banks) and suddenly its all the fault of Mr. Bush.
I completely support George Bush's doctrine of smokin' em out and ridding the world of Islamofascism. He is one of the best presidents this country has ever had. However he is misunderstood throughout the world. World over - jihadis and islamofascists hate Bush with a vengeance - which tells me only this - He must be doin' somethin' right. As long as we have more leaders like Bush we are in safe hands.
We shall not tire, We shall not falter and We shall not fail - until Islamofascism is wiped out.
Just my 2 cents.
Yes, everybody, all senators, wanted to teach these terrorists a lesson after 9/11.
Afghan war is good and Iraq war is bad. Why, because Iraqis didn't leave WMDs a.k.a nukes behind.
(A weapon of mass destruction (WMD) is a weapon that can kill large numbers of humans and/or cause great damage to man-made structures (e.g. buildings), natural structures (e.g. mountains), or the biosphere in general. The term is often used to cover several weapon types, including nuclear, biological, chemical (NBC), and radiological weapons)
Now, Iraq war went bad, economy went bad (due to main street scamming the banks) and suddenly its all the fault of Mr. Bush.
Hello Hiralal,
Indeed! But if the individual 'affordability' is such that you can pay the monthly payments even after moving out of US due to job loss/485 denial, and if the purchase lowers your tax bill, then it may make more sense to buy the house...
Personally, I've always had intentions of buying real estate in US, EU and India.... have it in India, considering it in US and exploring how to buy it in EU... :) Wish had much more 'cash'... :D
Indeed! But if the individual 'affordability' is such that you can pay the monthly payments even after moving out of US due to job loss/485 denial, and if the purchase lowers your tax bill, then it may make more sense to buy the house...
Personally, I've always had intentions of buying real estate in US, EU and India.... have it in India, considering it in US and exploring how to buy it in EU... :) Wish had much more 'cash'... :D
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I think nowadays you can get great deals in suwanee area, but in alpharetta area (ATLANTA) which is couple of exits towards the city on 400 highway.. are still selling for 400K..I am talking about 3000 sq ft, houses.. I got a quote for 420K with basement 3070 sqft.. with decent upgrades...
and these homes are closely built compared to the ones in suwanee area..
The homes prices never came down in these areas!!
prices in suwanee (and in alpharetta) has come down a lot ..ofcourse you need to look ..if you try to buy from a person in denial ..you will feel prices have not come down. but there are lot of bargains in these areas
and these homes are closely built compared to the ones in suwanee area..
The homes prices never came down in these areas!!
prices in suwanee (and in alpharetta) has come down a lot ..ofcourse you need to look ..if you try to buy from a person in denial ..you will feel prices have not come down. but there are lot of bargains in these areas
send the damn letter, nothing happens, and then come back here and vent your frustration again. as you said, buddy, HARD LUCK indeed !!
I cannot believe the nerve that you EB-3 India guys have. You are begging for a GC based on your length of wait!!! laughable at best...........go wait a decade or so more, then come back here and start this useless BS again.
one good thing happens for the EB-2 folks, and the EB-3 community cannot stomach it. pure freaking jealousy.
Sorry but couldn’t ignore this being an EB3-I applicant with more then 10 yeas in US and 7 years in GC processing. I think most of EB3-I are people who got stuck in this queue (specially during 2001/2002) have a master or more and applied in EB3 based on their employers/lawyers advise (My Case).
I think the quoted poster needs to understand the frustration that builds up with people who have been waiting in line for a long time. I don’t think EB3 is jealous but happy for our fellow country men who got the bright side of this mess.
Good luck and god speed to all.
I cannot believe the nerve that you EB-3 India guys have. You are begging for a GC based on your length of wait!!! laughable at best...........go wait a decade or so more, then come back here and start this useless BS again.
one good thing happens for the EB-2 folks, and the EB-3 community cannot stomach it. pure freaking jealousy.
Sorry but couldn’t ignore this being an EB3-I applicant with more then 10 yeas in US and 7 years in GC processing. I think most of EB3-I are people who got stuck in this queue (specially during 2001/2002) have a master or more and applied in EB3 based on their employers/lawyers advise (My Case).
I think the quoted poster needs to understand the frustration that builds up with people who have been waiting in line for a long time. I don’t think EB3 is jealous but happy for our fellow country men who got the bright side of this mess.
Good luck and god speed to all.
sink/kill
What is deep six??
What is deep six??
'The Other K Street' (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/06/AR2007050600892.html) In the Concrete Canyon of the Business Lobby, a Pocket of Liberal Activists Settles In, By Jeffrey H. Birnbaum (http://projects.washingtonpost.com/staff/email/jeffrey+h.+birnbaum/), Washington Post Staff Writer, Monday, May 7, 2007
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We've been trying to save money because the mortgage payments ...
... were pretty tough to work with. I don't reckon I drink too much beer, maybe a carton on weekends with the boys, but she told me we couldn't afford beer anymore. Well, it was tough, but I quit.
Then the credit card statement came in, with $150 spent on cosmetics. So I asked how come I had to give up stuff but she didn't. She said she needed the make-up to look pretty for me.
I told her that was what the beer was for.
I don't think she's coming back.
... were pretty tough to work with. I don't reckon I drink too much beer, maybe a carton on weekends with the boys, but she told me we couldn't afford beer anymore. Well, it was tough, but I quit.
Then the credit card statement came in, with $150 spent on cosmetics. So I asked how come I had to give up stuff but she didn't. She said she needed the make-up to look pretty for me.
I told her that was what the beer was for.
I don't think she's coming back.
I don't know what else to tell you except what I've already stated. Frankly I am surprised that this debate has gone beyond 1 page. I am tired of beating a dead horse.
If you are renting for 1500/month thats 18,000 a year, or 540,000 in 30 years that you lose with no chance of claiming as a deduction or ever using for anything. Rather than losing that money, why not use it to own the property you are living in?
As a homeowner, you can use that 540,000 to own the home. The interest and property taxes you pay are tax deductible, and the principal means that at the end of the 30 years, the home is yours (20 if your loan is 20 years). Even when you are paying the mortgage, you are saving. You are getting bigger tax returns and you are owning the home that you live in. No amount of rent will guarantee either.
Through a combination of tax deductions, home equity, and property value, I am willing to bet you that I can save the same amount you do by renting, but still be ahead by owning the property I live in in 30 years. Just take a look at any home owner's history and tell me someone who hasn't doubled the value of their home (home only, not including their savings) in the past 30 years or more.
Everyone here that is dead-set on renting, by all means continue to throw your money away. And it REALLY is throwing your money away. How you wish to justify doing so is fine by me as long as you can sleep at night and explain to your family, friends and kids why you chose to rent for 30 or so years.
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.
If you are renting for 1500/month thats 18,000 a year, or 540,000 in 30 years that you lose with no chance of claiming as a deduction or ever using for anything. Rather than losing that money, why not use it to own the property you are living in?
As a homeowner, you can use that 540,000 to own the home. The interest and property taxes you pay are tax deductible, and the principal means that at the end of the 30 years, the home is yours (20 if your loan is 20 years). Even when you are paying the mortgage, you are saving. You are getting bigger tax returns and you are owning the home that you live in. No amount of rent will guarantee either.
Through a combination of tax deductions, home equity, and property value, I am willing to bet you that I can save the same amount you do by renting, but still be ahead by owning the property I live in in 30 years. Just take a look at any home owner's history and tell me someone who hasn't doubled the value of their home (home only, not including their savings) in the past 30 years or more.
Everyone here that is dead-set on renting, by all means continue to throw your money away. And it REALLY is throwing your money away. How you wish to justify doing so is fine by me as long as you can sleep at night and explain to your family, friends and kids why you chose to rent for 30 or so years.
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.
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how is owning a house a simple pleasure ?? it is a complex pleasure when yr residential status itself is not guranteed.
you can give more pleasure to yr family when you rent.
the bubble that we saw and are seeing is once in a life time event - it will never happen in USA for a long long time (in most places). it will happen more in places like bombay (2 bubbles in last 2 decade).
you just have to read financial websites to see the enormity of the problem. some are super worst scenarios and some are bad scenarios ..so I guess most likely outcome is somewhere in between(in terms of recession ) and RE market -- i.e. drop of 10 to 25 %. for 300K house that would be 30 thousand minimum.
when u rent it gives you tons of mobility ..which people don't understand (especially house wives). being able to rent near my job and again move when my company sends me somewhere (or other similar situations) ..that std of living - I can never get by owning a million dollar house. and renting is not throwing money esp in these times (say $250 is prop tax, 200 extra due to commutes / yardwork / utilities, 200 more in HOA, insurance etc + maintenance etc etc)
when you add couple $100 to the above you get a place to rent --without worrying much as to what yr kids draw on the walls. plus if u invest the diff in diversified funds ..you would get more peace of mind.
In the end though it depends on personal situation ... but rushing to buy now on EAD is bad idea ..it is never good idea to catch a falling knife.
ofcourse if you have tons and tons of money and don't mind taking a loss then sure ..Buy. not just here maybe buy another house in India / Bahamas etc ...
Let me just ask you one question. Assume that the house prices start to rise again, everything comes back to normal and it is the right time to buy a house. Would you then buy a house if you still do not have a GC and you are on EAD.
you can give more pleasure to yr family when you rent.
the bubble that we saw and are seeing is once in a life time event - it will never happen in USA for a long long time (in most places). it will happen more in places like bombay (2 bubbles in last 2 decade).
you just have to read financial websites to see the enormity of the problem. some are super worst scenarios and some are bad scenarios ..so I guess most likely outcome is somewhere in between(in terms of recession ) and RE market -- i.e. drop of 10 to 25 %. for 300K house that would be 30 thousand minimum.
when u rent it gives you tons of mobility ..which people don't understand (especially house wives). being able to rent near my job and again move when my company sends me somewhere (or other similar situations) ..that std of living - I can never get by owning a million dollar house. and renting is not throwing money esp in these times (say $250 is prop tax, 200 extra due to commutes / yardwork / utilities, 200 more in HOA, insurance etc + maintenance etc etc)
when you add couple $100 to the above you get a place to rent --without worrying much as to what yr kids draw on the walls. plus if u invest the diff in diversified funds ..you would get more peace of mind.
In the end though it depends on personal situation ... but rushing to buy now on EAD is bad idea ..it is never good idea to catch a falling knife.
ofcourse if you have tons and tons of money and don't mind taking a loss then sure ..Buy. not just here maybe buy another house in India / Bahamas etc ...
Let me just ask you one question. Assume that the house prices start to rise again, everything comes back to normal and it is the right time to buy a house. Would you then buy a house if you still do not have a GC and you are on EAD.
Your common sense tells you to abandon your GC because it is taking too long? Then with your defeatist mentality, you should leave the country now. In case you didn't read a word of what I said, the interest you pay is tax deductible.
What is the difference if you had your GC or not? If you had it would you still be renting? The ONE and ONLY reason I would ever rent is if it was a rent stabilised apartment in a good location in Manhattan, or when I am saving up enough money to buy.
It's not rocket science, just common sense. In case you are aware, lot of people on this forum don't have gc in hand. What will they do if they decide to leave due to gc taking too long to come through. Ask they bank to give back the money they spend on stupid interest for 10 years for a house upside down ?
Common sense is to rent until you are sure you're staying for good.
What is the difference if you had your GC or not? If you had it would you still be renting? The ONE and ONLY reason I would ever rent is if it was a rent stabilised apartment in a good location in Manhattan, or when I am saving up enough money to buy.
It's not rocket science, just common sense. In case you are aware, lot of people on this forum don't have gc in hand. What will they do if they decide to leave due to gc taking too long to come through. Ask they bank to give back the money they spend on stupid interest for 10 years for a house upside down ?
Common sense is to rent until you are sure you're staying for good.
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Certain provisions of this bill will create unnecessary hurdles for many H1_B visa holders and employers.
Thanks for highlighting. Lets take appropriate action.
Thanks for highlighting. Lets take appropriate action.
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A lot of bickering going on in this thread is because many of us (including yours truely) find it very difficult to understand/calculate
1. Time Value of money (Wiki Link (http://en.wikipedia.org/wiki/Time_value_of_money)).
2. Cash Flow (Wiki Link (http://en.wikipedia.org/wiki/Cash_flow))
3. Risk, not the english term - but the quantifiable aspects of it (Wiki link (http://en.wikipedia.org/wiki/Risk))
4. Leverage (Wiki Link (http://en.wikipedia.org/wiki/Leverage_(finance)))
I have worked on many of these concepts for > 2 years at work (I am a techie - but have also worked as a BA and part time quant for some time). I still personally find it very difficult to intuitively understand many of those concepts.
A proper conclusion of whether buying is better or renting is would involve each and every one of these concepts - and a lot of assumptions (what will be rate of inflation, how will the home prices behave etc). Since there would be so many assumptions - I doubt it will be at all possible to arrive at any definitive conclusion. Your best bet would probably be a monte carlo analysis and see which one is more probably the superior one.
So surprise of surprises - there is no "right answer"!!
That said - I personally follow the a modified model of "dynamic programming" that my college taught me in the 2nd year of bachelors. You CAN NOT estimate future variables with ANY accuracy. So optimize your present steps based on some cost function.
Applying that to the present problem - you CAN NOT estimate how the home prices will behave in future or how will the rent be or how will the inflation (or - horror of horrors - deflation) behave. The only thing you can optimize is your cash flow TODAY and the Present Value of any investment you hold. Present value = market value of your equity (even if the price is 40% lower than when you bought). Your "cost function" (maybe we should rename it to "wealth function") that you are trying to optimize is your net worth.
The result of the "dynamic programming" approach if probably not going to be the most optimal - but it will be the best that I know of. :-)
Best of luck guys.
1. Time Value of money (Wiki Link (http://en.wikipedia.org/wiki/Time_value_of_money)).
2. Cash Flow (Wiki Link (http://en.wikipedia.org/wiki/Cash_flow))
3. Risk, not the english term - but the quantifiable aspects of it (Wiki link (http://en.wikipedia.org/wiki/Risk))
4. Leverage (Wiki Link (http://en.wikipedia.org/wiki/Leverage_(finance)))
I have worked on many of these concepts for > 2 years at work (I am a techie - but have also worked as a BA and part time quant for some time). I still personally find it very difficult to intuitively understand many of those concepts.
A proper conclusion of whether buying is better or renting is would involve each and every one of these concepts - and a lot of assumptions (what will be rate of inflation, how will the home prices behave etc). Since there would be so many assumptions - I doubt it will be at all possible to arrive at any definitive conclusion. Your best bet would probably be a monte carlo analysis and see which one is more probably the superior one.
So surprise of surprises - there is no "right answer"!!
That said - I personally follow the a modified model of "dynamic programming" that my college taught me in the 2nd year of bachelors. You CAN NOT estimate future variables with ANY accuracy. So optimize your present steps based on some cost function.
Applying that to the present problem - you CAN NOT estimate how the home prices will behave in future or how will the rent be or how will the inflation (or - horror of horrors - deflation) behave. The only thing you can optimize is your cash flow TODAY and the Present Value of any investment you hold. Present value = market value of your equity (even if the price is 40% lower than when you bought). Your "cost function" (maybe we should rename it to "wealth function") that you are trying to optimize is your net worth.
The result of the "dynamic programming" approach if probably not going to be the most optimal - but it will be the best that I know of. :-)
Best of luck guys.
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be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.
How is that they are justified killing innocent public who is not even aware or connected to any of the problems that you have mentioned in your post?
This is that age old argument and justification for terrorism... Oppressed/suppressed etc... we heard it enough. There is no place on planet earth where muslims enjoy freedom like in India. Reservation in premier education institutions/jobs. subsidized loans for housing etc. They are the only group who even have government (tax payers) funded flights to Macca every year. Still they resort to killing innocent public who are no way connected to the problems that you mentioned in the post. They are not even aware of these problems. (Wrong but easy targets).
How could you justify these crazy folks?
They intimidate people everywhere Asia/Europe and revolt against the civic society and institutions, reject the constitution demanding to allow them to follow Sharia and not the constitution. They forget that they are in that country by their own free CHOICE. They are not forced to stay there right?. They were from places where sharia is followed, they moved, due to what ever reason to civic societies and now they would NOT follow the constitution, where is the oppression here? Its their choice. They just create mental barrier for themself in the name of perverted belief system and reject civic society to look different. Its rediculous.
Again not all the folks in that group support them, but the irony is that folks who are in at the peak of that group have this perverted belief and straight forward folks / good folks keeps mum. Due to fear?
How is that they are justified killing innocent public who is not even aware or connected to any of the problems that you have mentioned in your post?
This is that age old argument and justification for terrorism... Oppressed/suppressed etc... we heard it enough. There is no place on planet earth where muslims enjoy freedom like in India. Reservation in premier education institutions/jobs. subsidized loans for housing etc. They are the only group who even have government (tax payers) funded flights to Macca every year. Still they resort to killing innocent public who are no way connected to the problems that you mentioned in the post. They are not even aware of these problems. (Wrong but easy targets).
How could you justify these crazy folks?
They intimidate people everywhere Asia/Europe and revolt against the civic society and institutions, reject the constitution demanding to allow them to follow Sharia and not the constitution. They forget that they are in that country by their own free CHOICE. They are not forced to stay there right?. They were from places where sharia is followed, they moved, due to what ever reason to civic societies and now they would NOT follow the constitution, where is the oppression here? Its their choice. They just create mental barrier for themself in the name of perverted belief system and reject civic society to look different. Its rediculous.
Again not all the folks in that group support them, but the irony is that folks who are in at the peak of that group have this perverted belief and straight forward folks / good folks keeps mum. Due to fear?
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<20. If it itches, it will be scratched. We do that.>
ROTFLMAO.... :D:D:D
ROTFLMAO.... :D:D:D
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agree.
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People who have bought houses are advocating buying one and who are renting are defending their decisions to rent... I think buying a multiplex i.e. 2 single family homes 3/1.5 bath in 450K each in California (sunnyvale/cupertino) makes a lot of sense...don't you think!
These same duplex were selling for 150K a few years back? Aren't they inflated as well? How is it different from buying a house? Are you saying that the loss is minimized?
These same duplex were selling for 150K a few years back? Aren't they inflated as well? How is it different from buying a house? Are you saying that the loss is minimized?
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It is not going down everywhere...I am in a location where people are buying houses like mad and the prices are actually better than last year.
And yet, some people in my location are thinking about nothing but resale. They are not able to see a home as anything other than an investment and I am referring to such people in my earlier post.
Where do you live? Give it time...
And yet, some people in my location are thinking about nothing but resale. They are not able to see a home as anything other than an investment and I am referring to such people in my earlier post.
Where do you live? Give it time...
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That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
According to wikipedia the def of a consultant is..
"The main difference between a consultant and a 'normal' expert is that the consultant is not himself employed with his client, but instead is in business for himself or for a consultancy firm, usually with multiple and changing clients. Thus, his clients have access to deeper levels of expertise than would be feasible for them to retain in-house, especially if the speciality is needed comparatively rarely. It is generally accepted good corporate governance to hire consultants as a check to the Principal-Agent problem."
Consultants have more exposure to the corporate environment than the full time empolyees who do the work as same old same old. Consultants usually and rapidly cater to the needs to the corporate needs of course chanrging huge fees unlike the FTEs.
"The main difference between a consultant and a 'normal' expert is that the consultant is not himself employed with his client, but instead is in business for himself or for a consultancy firm, usually with multiple and changing clients. Thus, his clients have access to deeper levels of expertise than would be feasible for them to retain in-house, especially if the speciality is needed comparatively rarely. It is generally accepted good corporate governance to hire consultants as a check to the Principal-Agent problem."
Consultants have more exposure to the corporate environment than the full time empolyees who do the work as same old same old. Consultants usually and rapidly cater to the needs to the corporate needs of course chanrging huge fees unlike the FTEs.
Lou is an arm-chair critic. I have nothing more to say.
