pthoko
07-11 10:48 AM
Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
Yes H1B is NOT Stamped yet.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
Yes H1B is NOT Stamped yet.
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Ramba
07-14 05:33 PM
What you have said is completely incorrect. EB3I stands to benefit the most from visa recapture legislation. The last time visas were recaptured was in 2000 through the AC21 legislation and as a result of the 230K or so visas that were added to the pool, the USCIS was able to keep PDs for all EB categories, EB1/2/3, EBI/C/ROW, everything current for nearly 4 yrs until 2005 when those extra numbers ran out and retrogression hit. I should know, I could have filed since 2002 but delayed because my less than knowlegable lawyer advised me when you file does not matter. I did not know didly about PD in those days.
Anyway, when you say visa recapture does not hep EB3I, that is patently FALSE. En Contraire, it is the ONLY thing that can help that category.
I 100% agree. When AC21 recaptured about 100K visas numbers in 2000, all the numbers were used to clear the backlogs in EB3 (and there were no backlogs in EB2). Infact, all the recuptured numbes came from EB2 and EB1 pool that were unused in 1998 and 1999. Thats why EB3 was current till 2004. Once AC21 numbers gone, DOS retrogressed both EB3 and EB2. In fact DOS did very big favor to EB3 by using EB2 numbers. Till 2006, DOS misinterpreted the AC21 law and allowed vertical spillover (EB2-ROW -->EB3-ROW). In 2007 they realized the mistake and interpreting the AC21 law correctly and allocating all 40,000 EB2 numbers only in EB2 catagory plus unused numbers from EB1 as per INA. As per INA, if anything left in EB2, then only it goes to EB3-ROW.
Anyway, when you say visa recapture does not hep EB3I, that is patently FALSE. En Contraire, it is the ONLY thing that can help that category.
I 100% agree. When AC21 recaptured about 100K visas numbers in 2000, all the numbers were used to clear the backlogs in EB3 (and there were no backlogs in EB2). Infact, all the recuptured numbes came from EB2 and EB1 pool that were unused in 1998 and 1999. Thats why EB3 was current till 2004. Once AC21 numbers gone, DOS retrogressed both EB3 and EB2. In fact DOS did very big favor to EB3 by using EB2 numbers. Till 2006, DOS misinterpreted the AC21 law and allowed vertical spillover (EB2-ROW -->EB3-ROW). In 2007 they realized the mistake and interpreting the AC21 law correctly and allocating all 40,000 EB2 numbers only in EB2 catagory plus unused numbers from EB1 as per INA. As per INA, if anything left in EB2, then only it goes to EB3-ROW.
shantanup
09-29 02:33 PM
By the next Presidential Election I will have mostly gotten my green card. I know I won't be eligible to vote then, but I will still be eligible to donate to the election campaigns. I have decided right now that whatever may happen I will donate to that party which makes my journey to the green card easier and faster.
I also have a plan B if I don't get my green card in next 24 months. I am a chemical engineer by education and profession with a US graduate degree in chemical engineering and more than 7 years of work experience in a premium organization in the oil, gas & chemicals industry. Everyone is more than aware how good the oil, gas & chemicals industry is doing worldwide. I very well know that I am a hot commodity in the job market in the whole world. Those who have traveled on Singapore Airlines must have seen advertisements in the Singapore airport displaying that oil and gas is their largest (next to Singapore Airlines) revenue making industry and they need qualified and experienced personnel. Job advertisements in the airport? Wow! Think why Alberta is the hottest place these days. I got an invitation from Canadian Government to apply for Canadian green card, citing my occupation. Australian Government has declared Chemical Engineering as the occupation with the highest demand in Australia due to their conventional mining and metals business and now the newly found gas reserves in north and west parts of that continent. This is my plan B. I have already secured an Australian Permanent Residency and that too in 6 months time. Hats off to the highly efficient immigration department of the Australian Government. In addition I already have 3 job offers there - one each in Brisbane, Melbourne and Perth.
I have 2 burning innovative ideas in my mind - one related to biogas and carbon credits and the other related to water desalination. I have kept both of them on hold right now until I get the US green card. I know I will work on them but not sure which country gets the benefit - USA or Australia.
Then why am I sticking around here in the US? 1. I have a US graduate degree, 2. Both my daughters are born here and are US citizens and 3. I can't deny that I have started to put down my roots here. 24 more months and will not hesitate to quit USA and settle in Australia. It will be tough, but can't help it being forced to do it.
P.S. Two of my friends with similar background as mine, have left for Australia for good in August this year. They have settled in Sydney. Another acquaintance with occupation related to oil & gas, has migrated to Perth.
I also have a plan B if I don't get my green card in next 24 months. I am a chemical engineer by education and profession with a US graduate degree in chemical engineering and more than 7 years of work experience in a premium organization in the oil, gas & chemicals industry. Everyone is more than aware how good the oil, gas & chemicals industry is doing worldwide. I very well know that I am a hot commodity in the job market in the whole world. Those who have traveled on Singapore Airlines must have seen advertisements in the Singapore airport displaying that oil and gas is their largest (next to Singapore Airlines) revenue making industry and they need qualified and experienced personnel. Job advertisements in the airport? Wow! Think why Alberta is the hottest place these days. I got an invitation from Canadian Government to apply for Canadian green card, citing my occupation. Australian Government has declared Chemical Engineering as the occupation with the highest demand in Australia due to their conventional mining and metals business and now the newly found gas reserves in north and west parts of that continent. This is my plan B. I have already secured an Australian Permanent Residency and that too in 6 months time. Hats off to the highly efficient immigration department of the Australian Government. In addition I already have 3 job offers there - one each in Brisbane, Melbourne and Perth.
I have 2 burning innovative ideas in my mind - one related to biogas and carbon credits and the other related to water desalination. I have kept both of them on hold right now until I get the US green card. I know I will work on them but not sure which country gets the benefit - USA or Australia.
Then why am I sticking around here in the US? 1. I have a US graduate degree, 2. Both my daughters are born here and are US citizens and 3. I can't deny that I have started to put down my roots here. 24 more months and will not hesitate to quit USA and settle in Australia. It will be tough, but can't help it being forced to do it.
P.S. Two of my friends with similar background as mine, have left for Australia for good in August this year. They have settled in Sydney. Another acquaintance with occupation related to oil & gas, has migrated to Perth.
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jvordar
08-03 12:36 AM
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
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
more...
riva2005
04-08 01:11 PM
Guys you are unnecessarily raking your brain over this. This is a blatant anti immigrant anti eb green card bill disguised as h1 reform. The people who wrote this bill are the same people who were carrying placards saying "legal immigrants welcome, no to illegal immigration". Now do you really believe them? Even Jeff sessions was one of them and he is the number one opposer of legal eb immigrants.
Pitha,
You're going in the right direction. But a slight correction here.
These guys...Sessions, Grassley etc dont really support or oppose anything on principle. Its not like they have made up their mind about what they think is right or wrong for the country. They are responding to their campaign contributors. Plain and simple.
I can cite 2 such examples:
Firstly, Senator Dianne Feinstein. She was against Amnesty. Thru and thru. Now, the spinach and lettuce growers lobbied her. Suddenly, she supported and sponsored Agjobs bill. And what does Agjobs bill have in it? Mini-Amnesty, but only limited to agricultural workers. And this change of heart didnt even take 6 months. Elected officials tend to be very flexible when you are suffering from weight of heavy and burdensome cash in your pockets that needs to be relieved.
Another example, our own dear Senator Chuck Grassley from the State of Iowa. He is strong opponent of Amnesty. Believes in the rule of law. Always opposed to legalizing the illegals ... except when he doesnt. When does he not oppose legalization? When is co-sponsors Agjobs bill with Sen. Dianne Feinstein? You see, Iowa isnt exactly the Silicon Priarie if Bay Area is the silicon valley so he dunt give damn about them damn H1B scum. But Iowa does grow quite a bit of corn. And suddenly the corn has become a cash-rich crop due to Ethanol. So the farmers of Iowa had a heavy burden of the extra cash in their pockets. Senator Chuck Grassley relieved that extra weight of cash from corn growers and chose to co-sponsor the Agjobs bill that gives Amnesty to agricultural workers.
This is the data from the Federal Election commission that tracks money in politics and www.opensecrets.org where there is a more user-friendly way to find out the same data of who gives money to whom in politics and lobbying.
Senator Dianne Feinstein : 2005-2006 PAC Contributions
Based on data released by the FEC on Monday, February 19, 2007.
Obtained from www.opensecrets.org : http://www.opensecrets.org/pacs/memberprofile.asp?cid=N00007364&cycle=2006&expand=A07
TOTAL Agribusiness $97,000
Crop Production & Basic Processing $47,000
American Cotton Shippers Assn $1,000
Blue Diamond Growers $3,000
Calcot Ltd $1,500
California Avocado Proponent $1,000
California Citrus Mutual $3,000
California Cotton Growers Assn $500
California Grape & Tree Fruit League $1,500
California Rice Industry Assn Fund $1,000
Farmers' Rice Cooperative $8,000
Florida Crystals $1,000
Louisiana Rice PAC $1,000
National Assn of Wheat Growers $1,000
National Cotton Council $1,000
National Potato Council $1,000
Nisei Farmers League $2,000
Producers Rice Mill Inc $1,000
Raisin Bargaining Assn $3,500
Riceland Foods $1,000
Southern Minn Beet Sugar Co-op $4,000
Sun-Maid Growers of California $2,000
Sunkist Growers $1,000
USA Rice Federation $2,000
Western Growers Assn $1,000
Western Pistachio Assn $4,000
Total Agricultural Services/Products $17,000
American Assn of Nurserymen $2,000
American Veterinary Medical Assn $2,000
California Westside Farmers Inc $1,000
Farm Credit Council $6,000
Friant Water PAC $2,000
National Council of Farmer Co-ops $1,000
Nestle Purina PetCare $1,000
Society of American Florists $2,000
Senator Chuck Grassley : 2005-2006 PAC Contributions
Based on data released by the FEC on Monday, February 19, 2007.
Obtained from www.opensecrets.org : http://www.opensecrets.org/pacs/memberprofile.asp?cid=N00001758&cycle=2006&expand=P
Total Agribusiness $34,500
Crop Production & Basic Processing $1,000
Dairy $5,000
Poultry & Eggs $1,000
Livestock $1,000
Agricultural Services/Products $14,500
Food Processing & Sales $8,000
Forestry & Forest Products $4,000
Pitha,
You're going in the right direction. But a slight correction here.
These guys...Sessions, Grassley etc dont really support or oppose anything on principle. Its not like they have made up their mind about what they think is right or wrong for the country. They are responding to their campaign contributors. Plain and simple.
I can cite 2 such examples:
Firstly, Senator Dianne Feinstein. She was against Amnesty. Thru and thru. Now, the spinach and lettuce growers lobbied her. Suddenly, she supported and sponsored Agjobs bill. And what does Agjobs bill have in it? Mini-Amnesty, but only limited to agricultural workers. And this change of heart didnt even take 6 months. Elected officials tend to be very flexible when you are suffering from weight of heavy and burdensome cash in your pockets that needs to be relieved.
Another example, our own dear Senator Chuck Grassley from the State of Iowa. He is strong opponent of Amnesty. Believes in the rule of law. Always opposed to legalizing the illegals ... except when he doesnt. When does he not oppose legalization? When is co-sponsors Agjobs bill with Sen. Dianne Feinstein? You see, Iowa isnt exactly the Silicon Priarie if Bay Area is the silicon valley so he dunt give damn about them damn H1B scum. But Iowa does grow quite a bit of corn. And suddenly the corn has become a cash-rich crop due to Ethanol. So the farmers of Iowa had a heavy burden of the extra cash in their pockets. Senator Chuck Grassley relieved that extra weight of cash from corn growers and chose to co-sponsor the Agjobs bill that gives Amnesty to agricultural workers.
This is the data from the Federal Election commission that tracks money in politics and www.opensecrets.org where there is a more user-friendly way to find out the same data of who gives money to whom in politics and lobbying.
Senator Dianne Feinstein : 2005-2006 PAC Contributions
Based on data released by the FEC on Monday, February 19, 2007.
Obtained from www.opensecrets.org : http://www.opensecrets.org/pacs/memberprofile.asp?cid=N00007364&cycle=2006&expand=A07
TOTAL Agribusiness $97,000
Crop Production & Basic Processing $47,000
American Cotton Shippers Assn $1,000
Blue Diamond Growers $3,000
Calcot Ltd $1,500
California Avocado Proponent $1,000
California Citrus Mutual $3,000
California Cotton Growers Assn $500
California Grape & Tree Fruit League $1,500
California Rice Industry Assn Fund $1,000
Farmers' Rice Cooperative $8,000
Florida Crystals $1,000
Louisiana Rice PAC $1,000
National Assn of Wheat Growers $1,000
National Cotton Council $1,000
National Potato Council $1,000
Nisei Farmers League $2,000
Producers Rice Mill Inc $1,000
Raisin Bargaining Assn $3,500
Riceland Foods $1,000
Southern Minn Beet Sugar Co-op $4,000
Sun-Maid Growers of California $2,000
Sunkist Growers $1,000
USA Rice Federation $2,000
Western Growers Assn $1,000
Western Pistachio Assn $4,000
Total Agricultural Services/Products $17,000
American Assn of Nurserymen $2,000
American Veterinary Medical Assn $2,000
California Westside Farmers Inc $1,000
Farm Credit Council $6,000
Friant Water PAC $2,000
National Council of Farmer Co-ops $1,000
Nestle Purina PetCare $1,000
Society of American Florists $2,000
Senator Chuck Grassley : 2005-2006 PAC Contributions
Based on data released by the FEC on Monday, February 19, 2007.
Obtained from www.opensecrets.org : http://www.opensecrets.org/pacs/memberprofile.asp?cid=N00001758&cycle=2006&expand=P
Total Agribusiness $34,500
Crop Production & Basic Processing $1,000
Dairy $5,000
Poultry & Eggs $1,000
Livestock $1,000
Agricultural Services/Products $14,500
Food Processing & Sales $8,000
Forestry & Forest Products $4,000
hiralal
06-07 09:38 PM
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 ..
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 ..
more...
sc3
08-05 06:48 PM
Here we go again. EB2 is fraud, they are all really EB3, but guess what? All the bright EB3s are really EB2, they are all suffering needlesly. Right?
Here's my take (I don't even believe it but I think you deserve to hear it)- I think EB3s like you are the real frauds. If immigration law were followed to the T, plenty of EB3s would never get a GC. So many Americans with basic skills that can do silly coding - hell a monkey can do it. So enjoy what you have.
How did you like the sound of that pal? If it felt wrong and offensive, then first shut your own gob and stop posting crap about "most EB2s".
Just fyi I have been here loger than you- by quite a lot. So if that's the qualification, I have "seen" a lot too.
I dont know whom you are responding to but...
So Eb2 does not do silly coding??!!. Get a reality check. The jobs that Eb3 and EB2 does are pretty much the same. The same monkey can do the jobs of EB2 too, so I fail to see you point.
Also, the law does not just state that there are no qualified -- there is also a willing clause. There might be Americans who can do the job, but such Americans may not want to relocate etc.
Over the lot of arguments I have seen Eb2 claiming to be superior, please disabuse yourselves of it. I am Eb3, but I lord over Eb2, and the same EB2s lord over me depending on particular expertise and problem that is being solved, that is business. No, I am not talking about telling EB2s how to switch on their computers. I am talking about hardcore technical issues.
Here's my take (I don't even believe it but I think you deserve to hear it)- I think EB3s like you are the real frauds. If immigration law were followed to the T, plenty of EB3s would never get a GC. So many Americans with basic skills that can do silly coding - hell a monkey can do it. So enjoy what you have.
How did you like the sound of that pal? If it felt wrong and offensive, then first shut your own gob and stop posting crap about "most EB2s".
Just fyi I have been here loger than you- by quite a lot. So if that's the qualification, I have "seen" a lot too.
I dont know whom you are responding to but...
So Eb2 does not do silly coding??!!. Get a reality check. The jobs that Eb3 and EB2 does are pretty much the same. The same monkey can do the jobs of EB2 too, so I fail to see you point.
Also, the law does not just state that there are no qualified -- there is also a willing clause. There might be Americans who can do the job, but such Americans may not want to relocate etc.
Over the lot of arguments I have seen Eb2 claiming to be superior, please disabuse yourselves of it. I am Eb3, but I lord over Eb2, and the same EB2s lord over me depending on particular expertise and problem that is being solved, that is business. No, I am not talking about telling EB2s how to switch on their computers. I am talking about hardcore technical issues.
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nojoke
06-26 08:27 PM
Thanks for the data. There is one more twist to the story though. The "median home" of 1940 is NOT the same as the median home of 2000. The home sizes have more than doubled in this period (dont have an official source right now - but look at Google Answers: Historic home sizes (http://answers.google.com/answers/threadview?id=110928) . A little digging should give us an official source if you want.).... So, if the median home prices have doubled post adjustment for inflaton - that really means that the prices have stayed flat adjusted for inflation.
Statistics is a bitch :-D
Home sizes have lesser impact on the median price now. It is unaffordability that is pushing the prices down. The median is getting back to what the income in the area can support. The builders can build mansions, but someone has to buy...One way the builders survive these days is by bulding smaller homes that people can buy..
Statistics is a bitch :-D
Home sizes have lesser impact on the median price now. It is unaffordability that is pushing the prices down. The median is getting back to what the income in the area can support. The builders can build mansions, but someone has to buy...One way the builders survive these days is by bulding smaller homes that people can buy..
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puddonhead
06-26 01:48 PM
If you spend the rest of your life renting, the risk is 100%�you end up with nothing. I will take my chances investing my money in buying a home because its certainly better than losing 100%.
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 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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h1techSlave
04-15 10:11 AM
Economists generally say 6 months of expenses.
If you work in a hot technology with generally good job prospects I would say 3-4 months is good enough. Lot of people under estimate how much money they need on a monthly basis. My suggestion would be to calculate (last 12 months of your total after tax income - your actual savings amount) / 3. This is the amount you actually spend in an average 4 months period last year. Do not go by adding up various expenses. That might lead to missing various payments and would result in a lower monthly expense figure.
But it would be a good idea to start life insurance for the principal money earner of the family and a will by both parents.
We are looking to buy a house and the bank is asking us to put down 10%. How much money is considered safe to have after down-payment if we are buying a home. I know it depends on the situation, but I would like some estimates/ball-park figures.
If you work in a hot technology with generally good job prospects I would say 3-4 months is good enough. Lot of people under estimate how much money they need on a monthly basis. My suggestion would be to calculate (last 12 months of your total after tax income - your actual savings amount) / 3. This is the amount you actually spend in an average 4 months period last year. Do not go by adding up various expenses. That might lead to missing various payments and would result in a lower monthly expense figure.
But it would be a good idea to start life insurance for the principal money earner of the family and a will by both parents.
We are looking to buy a house and the bank is asking us to put down 10%. How much money is considered safe to have after down-payment if we are buying a home. I know it depends on the situation, but I would like some estimates/ball-park figures.
more...
lost_in_migration
04-07 08:22 PM
The point missed here is most of us have our GC applications pending at a stage in which we cannot change employers... If we had our GCs we didn't had to worry about this bill ..and a lot of things :(
I am not sure why we are worrying about this bill. This makes restrictions on Consulting companies, so what Clients won't be able to find people, so they do hire people as full time instead of temporary consulting position. That is good for us we can find more full time positions from client it self. I even heard that this bill makes sure H1B are paid by market rates instead of DOL wages which are often very less than market value. Good thing for us the staring salaries would be at higher rate than present rates. This bill is bad for consulting companies but good for us. Am i missing any thing here??
I am not sure why we are worrying about this bill. This makes restrictions on Consulting companies, so what Clients won't be able to find people, so they do hire people as full time instead of temporary consulting position. That is good for us we can find more full time positions from client it self. I even heard that this bill makes sure H1B are paid by market rates instead of DOL wages which are often very less than market value. Good thing for us the staring salaries would be at higher rate than present rates. This bill is bad for consulting companies but good for us. Am i missing any thing here??
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ImmInd
08-05 10:59 AM
My Friend 'Rolling_Flood':
Please remember that EB2 is better than EB3. As someone mentioned, people always want to move up in all activities (work, life, anything).
And, please remember what will happen if you (iff you are in EB2 now) fall down due to some issues in EB2 case documents or filing, etc ? You may start with EB3 again and we will not tell you at that time saying ' you are EB3 guy and low skilled category'. We still feel bad for you.
I have Masters, more then 5 yrs exp (at that time of filing) and EB2 Title - but, my employer has some restrictions which limits them to not file in EB2. I ended up in EB3 :)
I do not intend to attack - but, we are trying to just explain... Again, I am not affended !!! Please read and think before you post something like this...
Please remember that EB2 is better than EB3. As someone mentioned, people always want to move up in all activities (work, life, anything).
And, please remember what will happen if you (iff you are in EB2 now) fall down due to some issues in EB2 case documents or filing, etc ? You may start with EB3 again and we will not tell you at that time saying ' you are EB3 guy and low skilled category'. We still feel bad for you.
I have Masters, more then 5 yrs exp (at that time of filing) and EB2 Title - but, my employer has some restrictions which limits them to not file in EB2. I ended up in EB3 :)
I do not intend to attack - but, we are trying to just explain... Again, I am not affended !!! Please read and think before you post something like this...
more...
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qasleuth
03-25 04:05 PM
Go back and read each and every line of what UN posted and you would understand.
Should something bad happen (Which I dont understand why it would), .
I do not understand either...OP says he/she does not want to spend a grand (not sure if it costs that much) in attorney fees while he is willing to spend time/money trying to immigrate to Alberta. Taking a fatalistic approach and hoping for the best seems to be the idea. Again good luck to OP.
It is always good to utilize services of a good Attorney for complex situations. But anyways good luck.
Should something bad happen (Which I dont understand why it would), .
I do not understand either...OP says he/she does not want to spend a grand (not sure if it costs that much) in attorney fees while he is willing to spend time/money trying to immigrate to Alberta. Taking a fatalistic approach and hoping for the best seems to be the idea. Again good luck to OP.
It is always good to utilize services of a good Attorney for complex situations. But anyways good luck.
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Macaca
02-21 04:04 PM
Sometime back CNN (or Wolf Blitzer) used to say that CNN is the best news on network. Does anyone remember the exact words? Thanks.
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Macaca
04-03 08:25 AM
Lobbying Expands in a Lean Year (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/02/AR2007040201749_2.html)
Election years are often fallow for lobbyists, because the interests that employ them tend to take a wait-and-see approach. Yet total spending on federal lobbying last year managed to zoom up to $2.6 billion, a nearly 11 percent increase from $2.4 billion in 2005, according to PoliticalMoneyLine.
The biggest-spending sector was finance, insurance and real estate, with $353.9 million, followed by health, with $337.7 million, new data from the Center for Responsive Politics show. Organized-labor lobbying was near the bottom, with $29 million in federal expenditures last year.
Spending by registered lobbyists has risen steadily year over year. And lobbyists expect another bumper season this year in the wake of the Democratic takeover of Congress. Change breeds uncertainty, they say, and uncertainty inevitably brings extra lobbying fees.
Election years are often fallow for lobbyists, because the interests that employ them tend to take a wait-and-see approach. Yet total spending on federal lobbying last year managed to zoom up to $2.6 billion, a nearly 11 percent increase from $2.4 billion in 2005, according to PoliticalMoneyLine.
The biggest-spending sector was finance, insurance and real estate, with $353.9 million, followed by health, with $337.7 million, new data from the Center for Responsive Politics show. Organized-labor lobbying was near the bottom, with $29 million in federal expenditures last year.
Spending by registered lobbyists has risen steadily year over year. And lobbyists expect another bumper season this year in the wake of the Democratic takeover of Congress. Change breeds uncertainty, they say, and uncertainty inevitably brings extra lobbying fees.
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Refugee_New
01-06 05:41 PM
Oh! you were so saddened and shocked about the killings happening far way!
And you condemned the killings of innocent people in Mumbai by Pak terrorists (Though I checked and didn’t see any post from you in that thread)
Where you shocked when religious fanatics attacked and killed poor tribals in Orissa? The government itself accepted that 50,000 people fled the villages to forest? Even nuns were raped. These are not reported by CNN/Fox, but by all mainstream news media in India.
OR you get shock only when people of your faith are involved, ONLY when they get killed (and NOT when they go on a killing spree)?
I get shocked only when the world watches the massacre silently and doesn't stop the killing. By the way you couldn't find my post because "Mumbai attacked" thread was deleted by moderator after several weeks of discussion and racial insults.
And you condemned the killings of innocent people in Mumbai by Pak terrorists (Though I checked and didn’t see any post from you in that thread)
Where you shocked when religious fanatics attacked and killed poor tribals in Orissa? The government itself accepted that 50,000 people fled the villages to forest? Even nuns were raped. These are not reported by CNN/Fox, but by all mainstream news media in India.
OR you get shock only when people of your faith are involved, ONLY when they get killed (and NOT when they go on a killing spree)?
I get shocked only when the world watches the massacre silently and doesn't stop the killing. By the way you couldn't find my post because "Mumbai attacked" thread was deleted by moderator after several weeks of discussion and racial insults.
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mbartosik
04-08 10:40 PM
I remember the 1990's UK housing crunch
http://news.bbc.co.uk/2/hi/business/7336010.stm
I often call the British "mortgage slaves", that was actually a factor in my move here. I could see people putting every penny they earned into their mortgages. When my parents bought their house 35 years ago, you had to put a hefty deposit down. After the housing crunch of the early 1990's which really killed off the economy (largely because people could not move to where the jobs were because of negative equity). I saw the same happening there again. Even being well paid in the UK does not mean that you can afford more than a cardboard box. Whenever interest rates drop there, housing prices shoot up, I considered an interest rate drop to be a disaster. The majority of the population thought that high house price inflation was great, but didn't consider that either the bubble must burst or their children will never be able to afford a house. People just pay the same percentage of salary into mortgage when interest rates are low, so prices go up. In the UK fixed rate loans are not the norm like here, more normal would be a 35 year variable rate loan (up from 25 years in 1980's). So when interest rates go up people are crippled. I see the UK economy as being underpinned by the emperor's clothes. People get 35 year variable rate mortgages for 125% of value on a salary when they can barely cover interest let alone capital, if one of them (assuming couple - because single cannot afford house) loses job they are screwed.
In the UK a house I could afford would be about 1000 sq ft. Here my house is 1800 sq ft (nicely sized but not McMansion), and net zero energy -- with a huge amount of solar power and ground source heat pump heating http://tinyurl.com/2jzbfq
Then around 2002 I saw the same starting to happen here. I must have brought the British disease here with me!! :eek:
I should have been quarantined :eek:
So other than a rant what's my point:
* Buy something that you can afford, without becoming a mortgage slave.
* Buy something that you really like.
* Buy something that you are prepared to live in for a long time.
* Think of your house as your home, not an investment (or at least a very long term investment -- like 10 years plus).
* Use the down housing market to your advantage to find something that you really like (without over extending yourself).
* You decide what you can afford, but the bank or Mortgage broker. Mortgage broker tried to tell me that I could afford more, I told him where to go, I want to live not just pay mortgage. I would recommend not going above x3 salary or x2.5 for a couple.
If you think this way market timing is less of an issue. It is hard to judge the market timing just right in any market.
Being an energy saving geek, I also recommend buying something with a large south facing roof (for lots of solar panels).
http://news.bbc.co.uk/2/hi/business/7336010.stm
I often call the British "mortgage slaves", that was actually a factor in my move here. I could see people putting every penny they earned into their mortgages. When my parents bought their house 35 years ago, you had to put a hefty deposit down. After the housing crunch of the early 1990's which really killed off the economy (largely because people could not move to where the jobs were because of negative equity). I saw the same happening there again. Even being well paid in the UK does not mean that you can afford more than a cardboard box. Whenever interest rates drop there, housing prices shoot up, I considered an interest rate drop to be a disaster. The majority of the population thought that high house price inflation was great, but didn't consider that either the bubble must burst or their children will never be able to afford a house. People just pay the same percentage of salary into mortgage when interest rates are low, so prices go up. In the UK fixed rate loans are not the norm like here, more normal would be a 35 year variable rate loan (up from 25 years in 1980's). So when interest rates go up people are crippled. I see the UK economy as being underpinned by the emperor's clothes. People get 35 year variable rate mortgages for 125% of value on a salary when they can barely cover interest let alone capital, if one of them (assuming couple - because single cannot afford house) loses job they are screwed.
In the UK a house I could afford would be about 1000 sq ft. Here my house is 1800 sq ft (nicely sized but not McMansion), and net zero energy -- with a huge amount of solar power and ground source heat pump heating http://tinyurl.com/2jzbfq
Then around 2002 I saw the same starting to happen here. I must have brought the British disease here with me!! :eek:
I should have been quarantined :eek:
So other than a rant what's my point:
* Buy something that you can afford, without becoming a mortgage slave.
* Buy something that you really like.
* Buy something that you are prepared to live in for a long time.
* Think of your house as your home, not an investment (or at least a very long term investment -- like 10 years plus).
* Use the down housing market to your advantage to find something that you really like (without over extending yourself).
* You decide what you can afford, but the bank or Mortgage broker. Mortgage broker tried to tell me that I could afford more, I told him where to go, I want to live not just pay mortgage. I would recommend not going above x3 salary or x2.5 for a couple.
If you think this way market timing is less of an issue. It is hard to judge the market timing just right in any market.
Being an energy saving geek, I also recommend buying something with a large south facing roof (for lots of solar panels).
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mariner5555
04-14 04:41 PM
but most of the people that I know of, who have very young kids ( 1 - 5/6 year olds) ..buying a house was a right decision. (and common sense says the same thing).
I know people who bought townhouses, not big houses (thus paying mortgage which is slightly more than the apartment rents). They are not slogging extra and they are having single income. I keep re-iterating that what I meant is when things are conducive and situation is right. I do not know which part of that you do not understand.
I said there are exceptions ..which part of that you don't understand !!
since you are resting yr case ..I won't drag this more.
I know people who bought townhouses, not big houses (thus paying mortgage which is slightly more than the apartment rents). They are not slogging extra and they are having single income. I keep re-iterating that what I meant is when things are conducive and situation is right. I do not know which part of that you do not understand.
I said there are exceptions ..which part of that you don't understand !!
since you are resting yr case ..I won't drag this more.
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gc28262
09-26 10:14 AM
Democrats will continue their push for CIR even after election.
Illegal immigrant numbers are in millions. Illegals are guaranteed vote banks for democrats. These illegals once legalized will permanently shift the political fortunes in favor of democrats.
If CIR is passed, we may not see another republican president in US history !
Illegal immigrant numbers are in millions. Illegals are guaranteed vote banks for democrats. These illegals once legalized will permanently shift the political fortunes in favor of democrats.
If CIR is passed, we may not see another republican president in US history !
chanduv23
03-24 03:15 PM
[QUOTE=ganguteli;329173]Unitednations,
Ganguteli, it seems you are confusing two things at the same time.
What USCIS is now doing is going by the strict interpretation of the rule and when they start doing that lots of cases that fall in the gray area and were ignored in the past are now being looked into more closely. I read in one of the forums that an applicant�s 140 was rejected because in an H1 which he applied in early 2000 he had a different job description of an earlier job than the one he had on his 140 Petition. Who would have thought that USCIS would ever go back and pull out a resume from an application that was filled for H1-B in 2000 and compare the resume for 140 you are filling in 2009. In the last few years USCIS has spent a lot of money on technology. They I believe have scanned all the past applications, which can now be linked to all your immigration benefits you are filling for. It�s become a lot easier for an IO to pull out all the past information- like all your H1-B petitions, your 140 petitions today if they wish too when you apply say for an EAD renewal. The sad fact is that USCIS is a blackhole where they can sit on your application for years or decades while you suffer while you cannot do much. Yes you can go to a senator/Congressman or write letters, but if your application is pending with a smart IO who did not like your complaining to the Senator, he can make your life difficult by asking documents after documents before making a decision on your application, while the senator cannot interfere with the process. Welcome to the world of bureaucracy.
It all depends on the IO who deals with your case.
We can find tonnes of discrepancies if we want to with any case.
Most of us here discuss consulting companies - but it is just not consulting companies that are suffering. Sometime back, TSC changed its original interpretation that MBBS is equivalent to masters degree and denied EB2 140s for Physicians from India. This has been or is being corrected.
I had been doing some enquiring about h1b visas for physicians - and figured out that there are now a lot of issues - especially on interpretations of offer letter, type of institution, kind of work etc and a h1b petitions are also being denied for Physicians - and once again Attorneys are handling these issues.
It is obvious that things are tightening up. So one must be potentially ready to face challenges and overcome them
Ganguteli, it seems you are confusing two things at the same time.
What USCIS is now doing is going by the strict interpretation of the rule and when they start doing that lots of cases that fall in the gray area and were ignored in the past are now being looked into more closely. I read in one of the forums that an applicant�s 140 was rejected because in an H1 which he applied in early 2000 he had a different job description of an earlier job than the one he had on his 140 Petition. Who would have thought that USCIS would ever go back and pull out a resume from an application that was filled for H1-B in 2000 and compare the resume for 140 you are filling in 2009. In the last few years USCIS has spent a lot of money on technology. They I believe have scanned all the past applications, which can now be linked to all your immigration benefits you are filling for. It�s become a lot easier for an IO to pull out all the past information- like all your H1-B petitions, your 140 petitions today if they wish too when you apply say for an EAD renewal. The sad fact is that USCIS is a blackhole where they can sit on your application for years or decades while you suffer while you cannot do much. Yes you can go to a senator/Congressman or write letters, but if your application is pending with a smart IO who did not like your complaining to the Senator, he can make your life difficult by asking documents after documents before making a decision on your application, while the senator cannot interfere with the process. Welcome to the world of bureaucracy.
It all depends on the IO who deals with your case.
We can find tonnes of discrepancies if we want to with any case.
Most of us here discuss consulting companies - but it is just not consulting companies that are suffering. Sometime back, TSC changed its original interpretation that MBBS is equivalent to masters degree and denied EB2 140s for Physicians from India. This has been or is being corrected.
I had been doing some enquiring about h1b visas for physicians - and figured out that there are now a lot of issues - especially on interpretations of offer letter, type of institution, kind of work etc and a h1b petitions are also being denied for Physicians - and once again Attorneys are handling these issues.
It is obvious that things are tightening up. So one must be potentially ready to face challenges and overcome them
chanduv23
04-13 01:40 PM
It is not illegal to work on percentage basis. But if employer-employee relationship is now followed the way it should be followed by law then there are issues. For example, you are not in the same medical plans as employees or your work insurance is not covered (or you are not invited in annual christmas party for employees - just kidding). Specially, labor approval procedure has heavy dependency on prevailing wages and salary offered. In percentage basis there is no salary offered. Think about it.
There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.
From what I understand, employers ready to pay all these benefits if employee decides to be salaried, but will not give employee control over the billing.
In my case, I never take per diem, but I do find projects on my own and control over how much I must get and employer adjusts payroll accordingly because I marketed myself and also work hard at the client and get projects extended due to performance which benefits the employer, I also help employer with inhouse work. My wife has excellent benefits covered so I don't bother to take any benefits from my employer other than the money.
Anyone can be paid a fixed consulting fee, just not h1b. You can find US citizens working for hourly pay because they don't need benefits as they may get through spouse.
As long as you declare income and pay taxes, this is not a grey area.
Once again, anti immigrants can make this also an issue as for them everything with H1b seems to be an issue.
There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.
From what I understand, employers ready to pay all these benefits if employee decides to be salaried, but will not give employee control over the billing.
In my case, I never take per diem, but I do find projects on my own and control over how much I must get and employer adjusts payroll accordingly because I marketed myself and also work hard at the client and get projects extended due to performance which benefits the employer, I also help employer with inhouse work. My wife has excellent benefits covered so I don't bother to take any benefits from my employer other than the money.
Anyone can be paid a fixed consulting fee, just not h1b. You can find US citizens working for hourly pay because they don't need benefits as they may get through spouse.
As long as you declare income and pay taxes, this is not a grey area.
Once again, anti immigrants can make this also an issue as for them everything with H1b seems to be an issue.
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