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  • Is this bill in the senate committee or scheduled for voting sometime?





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  • There has never been a mention of the H1b visas approved and those that do not fall under the quota....

    This guy is just after his ratings nothing else...his book explicitly quotes that H1b and L1 visa holders do not pay any taxes and transfer all the money home. (CNN has a few hundreds of them on H1b)

    When there was a huge debate on illegal immigration he quoted he was all for legal immigration. The only way one can legally immigrate with skills is via H1b visa and he is against it.

    When the debate is on illegal immigration, the former immigrants and their descendants will chant "We love legal immigrants". When the focus shifts to legal immigration, suddenly they don't want any immigration. Their argument is "If bus is full , we don't need more passengers" . Likewise USA is "full" with former immigrants and their descendants , so don't need more immigration.
    If supply is squeezed somehow, the demand will increase. But poor fellows, if businesses can't get qualified numbers , it will accelerate outsourcing.





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  • EB3-I..please print the attached word doc and sign and mail it to Department of state..this week

    Moderator could you makes this Sticky please


    Thanks!. I was in the process of writing to the Ombudsman about the allotment system change, and the reasons behind it. If I dont hear back, I intend to write to my congresswoman / senator about it.

    So while I was thinking what to write, your draft is very helpful in making my final letter. I hope everyone starts writing mails to the ombudsman about the problem.





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  • Wll support campaign for EB3 . Please let this happen.
    Appreciate all the comments on how the initiative(s) won't work. But at the same time if they can in some way suggest what will work that will be great.
    I'm sure not doing anything will be not be a right thing .
    I do agree we have to make noice. Let's work on how to make effective noise.
    My thoughts are running on Letter/Call campaigns.
    Don't know anything about what should be done effectively.Else I would be posting it here.
    But for sure I'll support initiative(s) for EB3-I.

    Thank you.





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  • You say romans converted egyptions to christianity. If it is true, romans follow catholic church. Coptic is Othodox christians, started during the period of apostole (AROUND AD 30-50). Romans may ruled them, but every one is coptic. Not changed the religion by force. You contradit your statement.
    Mohamed copy bible and make his own version and misled the people. It is like a cult. Like Mormon in USA. It is written in the bible. 'Those who change any word from the bible will be punished'. Mohamed's fate decided by God.
    I guess you meant 700 AD not 1100 AD.
    Here's a something along your train of thought.. before 300 AD all egyptians worshipped the sun god "Ra" until a Roman emperor converted to Christianity and made it the official religion, he still persecuted christian egyptians because the coptic version of christianity differed from his.
    Ra worshippers are the only true egyptians.. any idea where i can find them?
    cheers.





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  • ......
    ......

    AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..

    .....
    .....

    This case is different from other most common cases where person has 2 or more valid petitions with overlapping times on same status (H1-B). Since status is same one can switch employer without a problem, but not when one petition is H1 status and another one is for L1 Status.

    The latest I-94 status dictates what status you are in.


    ________________________
    Not a legal advice.





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  • Does this mean that H1B is also location specific?

    There has been no definitive guidance. H-1b is specific to company, candidate with job duties. If there is a "material change" then it should be amended.

    Material change has not been defined in all encompassing ways. it is a gray area whether one needs to amend h-1b for another location. In that particular case; aao seemed to imply that another work location was a material change. There was no follow up after they made the decision. One of the posters who participated on that thread said that he knew that particular person and after that decsion his lawyer showed LCA's and the case was approved.

    However; it still wasn't conclusive of whether that was good enough. Reason being was that the candidates labor was filed in 2000 and he had 245i protection and that in itself would have protected him from his out of status issues; ultimately on that specific case of working on different locations would not have had an impact because he was protected in other ways.





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  • Future Tense
    Are the United States and China on a collision course? (http://www.tnr.com/article/world/magazine/87879/united-states-china-diplomacy-taiwan)
    By Aaron Friedberg | The New Republic

    In October 2008, a month after the collapse of Lehman Brothers�with the United States�s financial system seemingly about to buckle and Washington in desperate need of cash to prevent a total economic collapse�a State Department official contacted his Chinese counterpart about China buying U.S. securities. To his surprise, the Chinese, who had previously displayed an insatiable appetite for U.S. Treasury bills, suddenly balked at lending a hand. The reason, the Chinese official said, was the recent announcement of an impending sale of U.S. armaments to Taiwan.

    This not-so-subtle threat, detailed in a memo released by Wikileaks, turned out to be a bluff, but it signaled a striking shift in the tone and content of Chinese foreign policy. Over the course of the past two years, Beijing has adopted a more assertive posture in its dealings with Washington, as well as with many of America�s allies in Asia. Among other things, China has threatened for the first time to impose sanctions on U.S. companies involved in arms sales to Taiwan; intensified its claims to virtually all of the resource-rich South China Sea; and conducted its largest-ever naval exercises in the Western Pacific.

    America�s �China hands� have long attributed any tensions between the two countries to misunderstandings or readily correctable policy errors. But with the passage of time it has become increasingly apparent that the differences between China and the United States spring from deeply rooted sources and aren�t likely to be resolved anytime soon. Indeed, as recent events suggest, it appears that the two nations are in for a long, tense, perhaps even dangerous struggle. And, most disconcerting of all, it�s a struggle in which, at least for the moment, China seems to be gaining the upper hand.


    If you look back over the last 2,500 years�from the days of Athens and Sparta through the cold war�there has inevitably been mistrust, rivalry, and often open conflict between leading global powers and rising states that seek to displace them. In these scenarios, the leading power has wanted to preserve its privileges, while fearing that emerging challengers would seek to overturn the international order that it dominates. Rising powers, for their part, chafe at hierarchies of influence that were put in place when they were relatively weak.

    Much of the tension in today�s U.S.-China relationship is a reflection of this familiar dynamic. But this tension is exacerbated by an additional factor that has only sometimes been present in great power rivalries of the past: deep ideological differences. One often hears it said that, because China is no longer truly a communist country, ideology has ceased to be a factor in its relations with the United States. This misses the point. Today�s Chinese leaders may no longer be anti-capitalist Marxists but they govern as Leninists and, as such, are determined to preserve the Communist Party�s exclusive monopoly on political power. China�s rulers see the United States as intent on spreading its brand of democracy to every corner of the earth. For their part, the American people continue to eye with suspicion a regime they see as repressive and autocratic. Ideology may not be sufficient, in itself, to provoke conflict between the United States and China, but it aggravates and amplifies the geopolitical tensions between the two.

    This backdrop of great power rivalry and sharp ideological disagreement helps to explain U.S. policies toward China and Chinese policies toward the United States. In contrast to the cold war strategy of containment, America�s strategy for dealing with China has never been codified in official documents or given a name. But over the past two decades, roughly the same strategy has been employed by both Republicans (Bush 41 and Bush 43) and Democrats (Clinton and now Obama). Broadly speaking, the aim has been to discourage Beijing from seeking to challenge America�s interests and those of our allies in Asia, while at the same time nudging China toward democracy. To accomplish these ends, American policymakers have employed a dual approach. On the one hand, they have sought extensive economic and diplomatic engagement with China. The hope has been that these interactions will �tame� China by giving it a stake in the existing international order�and, over the long run, encourage the growth of a middle class and the spread of liberal values, thereby pushing the country gently and indirectly down the path toward democracy. At the same time, Washington has worked to preserve a balance of power in East Asia that is favorable to its interests and those of its allies. This began in earnest following the Taiwan Straits crisis of 1995-1996, when Beijing test-fired missiles in an attempt to influence the outcome of Taiwanese elections, and the Clinton administration dispatched two aircraft carriers in response. Since then, the United States has taken steps to strengthen its military capabilities in the region, while solidifying bonds with partners old (South Korea, Japan, Australia) and new (India).

    China�s strategy for dealing with the United States developed somewhat more deliberately. In the wake of Tiananmen Square and the collapse of the Soviet Union, China�s leaders recognized that the previous rationale for cooperation with the United States no longer applied. They feared that, having toppled one communist giant, the Americans would turn their attention to the other. Surveying the scene in 1991, Deng Xiaoping circulated a brief memo to his top party colleagues. The essential message of the so-called �24 Character Strategy� was that China had little choice but to �hide its capabilities and bide its time.� That meant avoiding confrontation with other states, especially the United States, while working to build up all aspects of its power�economic, military, technological, and political.

    Recently, Chinese foreign policy has taken on a more assertive tone; but its overall aims have not changed much in two decades. Above all, the current regime wants to preserve indefinitely the Chinese Communist Party�s grip on political power; it seeks, in effect, to make the world safe for continued CCP rule. In part for this reason, China�s leaders want to restore their country to its place as the preponderant regional power. This requires reducing the influence of the United States in East Asia, constricting its presence, and perhaps eventually extruding it from the region. Chinese officials allude to this objective with varying degrees of subtlety. When I worked in the Bush administration from 2003 to 2005, I had several conversations with Chinese diplomats in which they said, almost in passing, that, while the United States might be a Pacific power, it was, of course, not an Asian power. Rather more bluntly, in 2007, a Chinese admiral reportedly told his American counterpart that their two countries should divide the Pacific between them, with China taking everything west of Hawaii.





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  • UnitedNations - You are simply amazing..I admire ur courage and feel more confident now. I think this thread has invaludable information so that people will be careful before giving any wrong information to USCIS and geting into to trouble later on.

    Question-
    --------------------
    Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?

    Actually; I didn't think it was courageous at all. I had to practice what I preach.

    One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.

    Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).

    I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.

    Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.

    he didn't but just in case he wanted to; I was ready for it.





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  • Democrats Assess Hill Damage, Leadership (http://www.washingtonpost.com/wp-dyn/content/article/2007/12/16/AR2007121600306.html) By CHARLES BABINGTON | Associated Press, December 16, 2007

    WASHINGTON -- Congressional Democrats will have plenty to ponder during the Christmas-New Year recess. For instance, why did things go so badly this fall, and how well did their leaders serve them?

    Partisan players will quarrel for months, but objective analysts say the debate must start here: An embattled president made extraordinary use of his veto power and he was backed by GOP lawmakers who may have put their political fortunes at risk.

    Also, a new Democratic leadership team overestimated the impact of the Iraq war and the 2006 elections, learning too late they had no tools to force Bush and his allies to compromise on bitterly contested issues.

    Both parties seem convinced that voters will reward them 11 months from now. And they agree that Congress' gridlock and frustration are likely to continue until then _ and possibly beyond _ unless the narrow party margins in the House and Senate change appreciably.

    In a string of setbacks last week, Democratic leaders in Congress yielded to Bush and his GOP allies on Iraqi war funding, tax and health policies, energy policy and spending decisions affecting billions of dollars throughout the government.

    The concessions stunned many House and Senate Democrats, who saw the 2006 elections as a mandate to redirect the war and Bush's domestic priorities. Instead, they found his goals unchanged and his clout barely diminished.

    Facing a Democratic-run Congress after six years of GOP control, Bush repeatedly turned to actual or threatened vetoes, which can be overridden only by highly elusive two-thirds majority votes in both congressional chambers.

    Bush's reliance on veto threats was so remarkable that "it's hard to say there are precedents for it," said Steve Hess, a George Washington University government professor whose federal experience began in the Eisenhower administration.

    Previous presidents used veto threats more sparingly, Hess said, partly because they hoped to coax later concessions from an opposition-run Congress. But with the demise of major Bush initiatives such as revamping Social Security and immigration laws, Hess said, "you've got a president who doesn't want anything" in his final year.

    Bush's scorched-earth strategy may prove riskier for Republicans who backed him, Hess said. Signs point to likely Democratic victories in the presidential and many congressional races next year, he said.

    That is the keen hope of Congress' Democratic leaders, House Speaker Nancy Pelosi of California and Senate Majority Leader Harry Reid of Nevada. They have admitted that Bush's intransigence on the war surprised them, as did the unbroken loyalty shown to him by most House and Senate Republicans.

    Empowered by Bush's veto threats, Republican lawmakers rejected Democratic efforts to wind down the war, impose taxes on the wealthy to offset middle-class tax cuts, roll back tax breaks on oil companies to help promote renewable energy and conservation, and greatly expand federal health care for children.

    Pelosi on Friday cited "reckless opposition from the president and Republicans in Congress" in defending her party's modest achievements.

    Americans remain mostly against the war, though increasingly pleased with recent reductions in violence and casualties, an AP-Ipsos poll showed earlier this month. While a steady six in 10 have long said the 2003 invasion was a mistake, the public is now about evenly split over whether the U.S. is making progress in Iraq.

    Opposition to the war is especially strong among the Democratic Party's liberal base. Some lawmakers say Pelosi and Reid should have told those liberal activists to accept more modest changes in Iraq, tax policies and spending, in the name of political reality.

    "They never learned to accept the art of the possible," said Sen. Trent Lott, R-Miss., a former majority leader who is partisan but willing to work with Democrats. "They kept going right up to the limit and exceeding it, making it possible for us to defeat them, over and over again," Lott said in an interview.

    He cited the Democrats' failed efforts to add billions of dollars to the State Children's Health Insurance Program, which Bush vetoed twice because of the proposed scope and cost. A somewhat smaller increase was possible, Lott said, but Democrats refused to negotiate with moderate Republicans until it was too late.

    "They thought, 'We're going to win on the politics, we'll stick it to Bush,'" Lott said. "That's not the way things happen around here."

    Some Democrats say House GOP leaders would have killed any bid to forge a veto-proof margin on the children's health bill. But others say the effort was clumsily handled in the House, where key Democrats at first ignored, and later selectively engaged, rank-and-file Republicans whose support they needed.

    Some Washington veterans say Democrats, especially in the ostentatiously polite Senate, must fight more viciously if they hope to turn public opinion against GOP obstruction tactics. With Democrats holding or controlling 51 of the 100 seats, Republicans repeatedly thwart their initiatives by threatening filibusters, which require 60 votes to overcome.

    Democrats should force Republicans into all-day and all-night sessions for a week or two, said Norm Ornstein, a congressional scholar for the right-of-center think tank American Enterprise Institute. The tactic wouldn't change senators' votes, he said, but it might build public awareness and resentment of GOP obstructionists in a way that a one-night talkfest cannot.

    To date, Reid has resisted such ideas, which would anger and inconvenience some Democratic senators as well as Republicans.





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  • I don't believe votes such as this are scientific. Also only people who like the opinion given by him watches the show, so everyone knows it will be biased.

    Anyway I did vote NO.

    Lou Dobbs at CNN is doing a quick vote to justify his oppinions against amnesty. So far, the majority of the vote is "against" rather than "for". I myself am not a big fan of the proposal becauses it deminishes efforts put in by legal immigrats like ourselves but regardless consider it necessary for us to support as it currently is the only bill alive including retrogression relief along with amnesty.

    Media generates publicity by twisting a small fraction of reality. Imagine what Lou would say if he gets a unanimous vote against amnesty. I am sure he will make the best of it to promote negativism towards any relief efforts regardless of it being amnesty or retrogression relief. Please go to the URL below and cast your support vote!

    Question: Do you believe Congress should first demand that our borders and ports be secured before taking up immigration reform?


    http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/





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  • what a loser a person has to be to give out red dots for jokes.

    i am here to counter the trends of red dots :)

    I also got a red dot for my joke:confused:. Never used any foul language. Comment left was "This type of "blonde jokes" or "sardar jokes" etc are not really suited for a skilled immigrant community forum." I don't understand why do people give Red dots even for jokes. The title of the theread is Ligthen Up.





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  • And Sir dontcareanymore, who are you to show people out.

    Please calm down, its ok if someone has ideas that donot match 100% to your ideas; your decency is in letting people speak and hear them still.

    friend.....Donot get angry, please.

    what a pity, we donot let anyone talk, speak unless they agree with us and we call ourselves educated, democratic....voice of immigration....
    may i dare say ...."we are not even close"..

    lets not fight, please. I am not blaming you sir, but the action. so please
    donot blast me, i know you are a wonderful person; i am blaming the action not you.


    You can't generalize everything. Do you care to show how this is as bad as labor substitution ?
    How about comparing the actual job duties of all EB2s and EB3s ? Not just what their lawyer says.

    Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).

    Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.





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  • America is bleeding competitiveness (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/) By Vivek Wadhwa | Entrepreneur Corner

    With anti-immigrant sentiment building across the nation, and clouds of nativism swirling around Washington, D.C., skilled immigrants are voting with their feet. They are returning home to countries like India and China. It�s not just the people we are denying visas to who are leaving; even U.S. permanent residents and naturalized citizens are going to where they think the grass is greener. As a result, India and China are experiencing an entrepreneurship boom. And they are learning to innovate just as Silicon Valley does.

    Some call this a �brain drain� others say it is �brain circulation.� It is without doubt, good for these countries and it is good for the world. But this is America�s loss: innovation that would otherwise be happening here is going abroad. Without realizing it, we are exporting our prosperity and strengthening our competitors.

    There are no hard data available on how many skilled immigrants have already left the U.S. My estimate is that 150,000 have returned to India and China, each, over the past two decades. The trend has accelerated dramatically over the past five years; tens of thousands are now returning home every year. Most authorities agree with these estimates. For example, the Chinese Ministry of Education estimates that the number of overseas Chinese who returned to China in 2009 having received a foreign education reached 108,000: a sharp increase of 56.2% over the previous year. In 2010, this number reached an all-time high of 134,800 (a significant proportion studied in the U.S.).

    Why is this important? Because, as research conducted by my team at Duke, UC-Berkeley, Harvard, and New York University has shown, 52.4% of all startups in Silicon Valley, from 1995 to 2005, were founded by immigrants. With all these immigrants leaving, and the next generation of foreign-born entrepreneurs trapped in �immigration limbo,� we won�t have as many immigrant founded startups in the future. The xenophobes who are lobbying against skilled immigration will cheer; but there won�t be more jobs for Americans; just less startups in the U.S. and more abroad. The U.S. pie will be smaller.

    My team researched the backgrounds of immigrant founders, and the U.S. immigration backlog. We learned that the majority came to the U.S. as students; 74% held graduate or post graduate degrees, of which 75% were in science, engineering, technology, or mathematics. On average, immigrants started their ventures 13 years after entering the U.S.

    During the last twenty years, we admitted record numbers of international students and highly educated foreign workers on temporary visas. But we never expanded the number of permanent resident visas that allow them to stay permanently. The result is that we have a backlog of more than one million skilled workers�doctors, scientists, researchers, and engineers, who are trapped in immigration limbo. They are working for the same companies and doing the same jobs as when they filed their paperwork for gaining permanent residence; this may have been 10-15 years ago. A foreign student who graduates with a masters or PhD in engineering from Duke or Stanford and joins the queue today will have to wait 10-20 years, perhaps longer, to gain permanent residence. They can�t start companies or progress their careers during the most productive period in their lives. Why would anyone put up with that?

    Indeed, a survey we conducted of 1,224 foreign nationals who were studying at U.S. universities in 2009, or who had just graduated, revealed that they believed that the U.S. was no longer the destination of choice for professional careers. Most did not want to stay for very long. Fifty eight percent of Indian, 54% of Chinese, and 40% of European students said that they would stay in the U.S. for at least a few years after graduation if given the chance, but only 6% of Indian, 10% of Chinese, and 15% of European students said they want to stay permanently. The largest group of respondents� 55% of Indian, 40% of Chinese, and 30% of European students�wanted to return home within five years. This is very different than what used to be the norm in previous decades: the vast majority of Indians and Chinese stayed permanently.

    Our surveys, in 2008, of 1,203 Indian and Chinese immigrants who had worked in or received their education in the U.S. and returned to their home countries revealed that although restrictive immigration policies had caused some returnees to depart, the most significant factors in the decision to return home were career opportunities, family ties, and quality of life. The move home also served as a career catalyst. For example, only 10% of the Indian returnees held senior management positions in the U.S., but 44% found jobs at this level in India. Chinese returnees went from 9% in senior management in the U.S. to 36% in China. The vast majority thought that quality of life, professional advancement, and family ties were at least as good at home as in the U.S.

    The majority of the people we surveyed said they planned to start a business within five years. When we published our research, many experts said that this is where returnees would face the greatest frustration�that the weak infrastructure in India; authoritarianism in China; and corruption and red tape and lack of funding in both countries would be a severe handicap. In other words, when it came to competition from startups in India and China, the U.S. had nothing to worry about.

    So, last September, we initiated a project to learn how the entrepreneurship landscape in India and China compares to the U.S. We wanted to learn why these entrepreneurs returned, what their perceptions of the entrepreneurial climate in their home countries were, what the advantages and disadvantages of working in India and China were over working in the U.S., and what types of ties they maintained to the U.S.

    We were really surprised at what we learned. In the next installment, I�ll discuss our findings.



    Standing Up for Guest Workers (http://www.nytimes.com/2011/05/02/opinion/02mon3.html) New York Times Editorial





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  • Unitednations,
    I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.

    -----------------------Not really; i have much more knowledge on this then everyone on these boards. I'm just hesitant of giving very specific examples as it will give some people more information then they need to know.

    - Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?


    ------------------labor subsitution issues seemed to be confined to a specific industry, specific people. People thought retrogression was going to go away. Did it go away? Main issue with EB is more people then # of greencards available. It may change the ordering but not the number of people going for greencard.

    - If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.


    ------------------------------------they are your sponsorers. They are the reason why you are here. Without them; you are not here. If they are not following the laws the way uscis wants then they will make it difficult for them. They are going hard after them to directly go after you. Don't you guys understand that?



    - Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?


    -----------------------------Those systems are designed becasue they want people there. USA system is not designed for this. Increasingly; it is becoming apparent that uscis/government is becoming hostile towards immigration. Once; they determine they actually want people here then they'll make it easy.


    - If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?

    --------------------------------------who says they are not going after them. they are all getting a healty case of denials. Main issue is they are thinking there is fraud in IT. IT is dominated by people from India. Kill staffing companies; then you kill h-1b.


    - Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?


    ---------------------------------------Problem is that with the myriads of laws and USCIS discretion in following laws; there is no perfect IT system since much of it is related to adjudicator discretion.

    - Why can't they ban DV lottery? But go after H1Bs. You will say to do that law must be changed. But at least go strict on whom you approve once they are selected in the lottery. Are they not bringing lot of criminals, fanatics, unemployed and uneducated poor through DV.


    -----------------------no idea. I do see that people talk about "highly skilled". There is no definition of "highly skilled" in immigration. Skilled worker is job that requires two years of experience. I bet just about every person coming through DV or family base would meet the definition of skilled worker in employment base sens.

    - Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.

    ----------------------who says they are not. It is just a different perspective of what people think they should go after. Right now DOL is visiting consultants at their end client locations and interviewing them.

    The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .

    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.





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  • Oh yes...today there are people who applied in early 2001(EB2-RIR) ...and waited untill end of 01 to get a NOD from DOL and then re-applied again in mid of 02 without retaining thier original PD of 01(EB3 Non RIR)..do you know?..most of you are from PERM that's why you are finding it odd ..!..DOL while sending back these cases did not let them retain thier PD's..

    we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..

    :)

    So what you are saying is - some EB2 RIR petitions were rejected by DOL and employers re-applied under regular supervised recruitment under EB3.

    How does this imply that "DOL advised some of us to file under EB3?"





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

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

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

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

    My calculation would be:

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

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

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

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

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





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  • There you go - "inflation"! This is another reason why investing in a house makes so much sense (iff your gc/job etc are sorted out).

    Let's say you buy a house today for $300,000, and you're paying $2,000 towards your monthly mortgage. Even if you don't build too much equity on it because of the falling real estate, you will STILL come out better because inflation will make sure that your monthly payments of $2,000 in 2019 will really become $1,500 in today's money.

    But if you continue to rent, you will pay let's say $2,000 today in rent, and 10 years from now you'll be paying $2,500, and you don't have a home to call your own!!!

    During times of inflation, commodities, home, etc are the winners. you are partly correct in my view ....but to buy when prices are falling is a sure shot loser ...
    even if prices are stable or lower than the rate of inflation ..you will be losing money on the cost of the house ( 300K + for many homebuyers ..since you pay interest on the cost of the house)..for home buying to be a good investment, it needs to appreciate more than the rate of inflation (that seems years away from now)

    for e.g the person above who put in almost 80K in down payment ..
    1) if that downpayment was invested in better way ..then he could easily get 10% returns (u need to do some homework though) ...that means around 600 - 700 per month.
    so his effective rent is around 1200 per month.
    2) 5 years from now, rent may still be the same (or lower) ... it depends a lot on supply and demand on rental units too
    in majority of cases, we end up buying a house further away from our work ..that means additional 300 - 400 in gas and vehicle wear/tear per month.
    add property taxes, HOA fees, extra utilities, mntc, realtor fees, termite, lawn maintenance, long term prospects of USA, immobility (additional 800 - 1500 dollars) etc etc and you can easily say that home buying / investment in real estate is not a good bet (in USA atleast).
    if you are on temporary status - then add extra $200 - 300 risk premium per month as invisible risk cost (for risks plus extra headaches )
    so home buying should be more of lifestyle choice and not an investment point of view (in countries like India, singapore it is different since demand will always be strong for a long long time).





    Do you know a single well known rich guy that still rents (and owns zero real estate)? If you are so sure that you have the math right, go ahead and name some names!

    Rich guys first make their money and then buy houses. Reverse is not necessarily true. They are not rich because they bought houses. If money was no object for me I too will go ahead and buy house even it did not make strict financial sense. I'm not there yet.

    As for naming names, Warren Buffet who is plenty rich does not favor real estate as an investment vehicle. Real estate has has 1-2% average rate of return over the last 60 years barely keeping up with inflation barring crazy speculative booms like we recently had which quickly go bust. This is to be expected since house is an unproductive asset and unlike businesses (stocks/bonds) does not "produce" anything so in the long run it's price will roughly track the inflation.





    I refer back to my earlier posting where I said I just read the memos and the law and thought this stuff was pretty simple. USCIS quite often goes above and beyond (tax returns rfe's, pictures of company inside/outside).

    I'll give you some examples of what they have done of which I have intimate knowledge of:

    1) Questioned company on I-140 why they had more 140's pending/approved then the number of people on payroll. Asked for all 140 info., h1, L1 and even the people who got employment base greencard and asked company to justify where they are

    2) Department of state for visa stamping; if they don't trust client letter; they refer the case to department of state fraud unit in Kentucky. They will then contact signer of letter and HR of company to verify that person signed the letter

    3) Department of labor is on a real war path of checking companies compliance with h-1b based on referrals made by department of state. I can tell you that there is no way any company who is h-1b dependent can be 100% compliant with h-1b. Patni got fined $3.5 million for violations.

    4) Department of labor made a home visit to an HR person who was no longer working with the company to ask and verify her signatue on labor applications in a fast processing state when they weren't registered to do business there

    5) Department of labor verifying that people were paid the greencard wage upon greencard approval (this was in conjunction with h-1b investigation). I can tell you that some states have very high eb2 wages and people aren't even close to the labor number; companies do it anyways to keep you happy but do they run that number once you do get the greencard?

    6) h-1b rfe's from california service center. when quota finished in one day; there was some rumors from california service center that they would be treating h-1b transfers/quota cases very harshly in that companies were engaging in speculative employment. These days if you are involved in software and you file an h-1b transfer or even extension with california service center; you have a very good chance of getting a four page rfe. One of the things they have started to ask for is a table of people whom h-1b's have been filed for. Table has to list name, social security number, receipt number, date of birth, joining date, termination date, no show, future joining date. California service center then intertwines this information with company unemployment compensation reports. I have actually seen 3 recent denials where USCIS examined the unemployment compensation reports and looked at people who may have been paid a lower wage and pulled those people's h-1b files and denied the present case saying they can't trust the company to comply with the h-1b, lca.

    ----------------------------------------------------------

    These days; uscis/dol/dos really means business. I refer you to earlier posting of how evertime a company files a case; it gives uscis a chance to go through entire immigration history of a company. They have the resources and tools.

    ok now i'm really confused between AC21 and future employment debate....
    AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx



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