retropain
08-11 03:17 PM
Lou may be a star now, but he's an evil star....a person who has not even once brought up the positive contributions of immigrants to this country.
I ask you, have immigrants (or skilled immigrants) have not made a single contribution to this country?
(they surely have made many, but these are not for Mr Dobbs coverage. He is as biased as can be....good CNN is giving Ruben Navarette some coverage now)
I ask you, have immigrants (or skilled immigrants) have not made a single contribution to this country?
(they surely have made many, but these are not for Mr Dobbs coverage. He is as biased as can be....good CNN is giving Ruben Navarette some coverage now)
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senthil1
04-07 11:35 AM
If H1b quota is increased last 2 years it could have done easily as quota was reached much before the start of year. Without union support same thing is going to happen this year as last year. IV members has to wait years to get gc. They will use H1b as shield to gc reform and no one will get anything. Possiblity is H1b and GC provisions can be passed without much visiblity when CIR is passed. Majority of US people does not want unlimited immigration in any section whether legal or illegal. Opinion polls show that. US people wanted moderate increase in immigration and that is reflected in congress but pro immigrants want unlimited number in legal and illegal. That is the problem
I am glad IV is taking a strong stand against this bill. IV should work with Compete America (they have more of a vested interests in this) to make sure this bill doesn't see the light of day.
This bill is introduced by 'Pro-Illegal,pro-union and protectionist' section of Democratic party and 'Anti-immigration at all cost' section of the Republican party. I believe both these groups are fringe elements in both parties. But they could use this bill as a bargain chip for CIR and might get it passed because of it. So we should not take this lightly even if we might not be screwed by this. It will definitely hurt people coming behind us.
Only reform H1b needs is to increase the quota or have no quota. And also to tie the H1b to the worker and not to the employee. And I dont see any in this bill.
I am glad IV is taking a strong stand against this bill. IV should work with Compete America (they have more of a vested interests in this) to make sure this bill doesn't see the light of day.
This bill is introduced by 'Pro-Illegal,pro-union and protectionist' section of Democratic party and 'Anti-immigration at all cost' section of the Republican party. I believe both these groups are fringe elements in both parties. But they could use this bill as a bargain chip for CIR and might get it passed because of it. So we should not take this lightly even if we might not be screwed by this. It will definitely hurt people coming behind us.
Only reform H1b needs is to increase the quota or have no quota. And also to tie the H1b to the worker and not to the employee. And I dont see any in this bill.
ssa
07-14 08:00 PM
That's exactly what I was wondering about! Did anybody get a rejection letter from *DOL* advising them to apply in EB3 instead? It's hard for me to believe DOL was ever that helpful!
And if they did not hear it from DOL and did this on their attorney's/employer's advise sending out this letter may spell trouble for the sender. You are basically sending out a signed letter stating that you tried to get labor approved for one category, failed and then applied in a lower category for exactly same job to work your way around the rejection. I'm not sure on how solid legal ground we will be if this be the case. Job requirements are supposed to be what they are and not what is "approvable". Remember recent Fragomen audit?
Now before labeling this as yet another FUD from EB2 please understand that I'm not saying that you should or shouldn't send out the letter. Just that we should consult someone qualified in immigration law to make sure we are not inviting more troubles than what we are already in.
pani,
This is what you have in the draft letter.
"Let me take you back to the situation in 2001-2003 when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from Top US universities) our green card labors applications were sent back from DOL saying that the economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 NON- RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years."
Do you have any evidence/reference to back this up?
And if they did not hear it from DOL and did this on their attorney's/employer's advise sending out this letter may spell trouble for the sender. You are basically sending out a signed letter stating that you tried to get labor approved for one category, failed and then applied in a lower category for exactly same job to work your way around the rejection. I'm not sure on how solid legal ground we will be if this be the case. Job requirements are supposed to be what they are and not what is "approvable". Remember recent Fragomen audit?
Now before labeling this as yet another FUD from EB2 please understand that I'm not saying that you should or shouldn't send out the letter. Just that we should consult someone qualified in immigration law to make sure we are not inviting more troubles than what we are already in.
pani,
This is what you have in the draft letter.
"Let me take you back to the situation in 2001-2003 when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from Top US universities) our green card labors applications were sent back from DOL saying that the economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 NON- RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years."
Do you have any evidence/reference to back this up?
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rsdang
08-12 11:23 AM
The UN conducted a worldwide survey. The only question asked was:
"Would you please give your honest opinion about solutions to the food
shortage in the rest of the world?" The survey was a huge failure. In
Africa, they didn't know what 'food' meant. In India, they didn't know
what 'honest' meant. In Europe, they didn't know what 'shortage'
meant. In China, they didn't know what 'opinion' meant. In West Asia,
they didn't know what 'solution' meant. In South America, they didn't
know what 'please' meant. And in the US, they didn't know what 'the
rest of the world' meant.
"Would you please give your honest opinion about solutions to the food
shortage in the rest of the world?" The survey was a huge failure. In
Africa, they didn't know what 'food' meant. In India, they didn't know
what 'honest' meant. In Europe, they didn't know what 'shortage'
meant. In China, they didn't know what 'opinion' meant. In West Asia,
they didn't know what 'solution' meant. In South America, they didn't
know what 'please' meant. And in the US, they didn't know what 'the
rest of the world' meant.
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baala9
08-06 10:07 AM
I do agree that points raised by Rolling Flood is not well received by most in this forum.But I would pray that no one gets personal and keep the exchanges healthy.
I do feel that this porting rule is a double edged sword with both pros and cons.But the question is : is it flawed enough to scrapped??
I must add though, I see were Rolling flood is coming from.Just consider this scenario: Two guyz A&B graduate with a Bachelors degree at the same time.A decides to pursue higher studies and B takes up a job. After a year they file for B' EB3 at his work, while A is still at school.By the time A graduates and a EB2 is filed for him , B is also eligible for EB2.But here is the catch,B gets a much earlier PD than A.So was A a dumb dude that he decided to go to grad school.Does academic experience count for nothing against work experience???
Its something to ponder upon.
I do feel that this porting rule is a double edged sword with both pros and cons.But the question is : is it flawed enough to scrapped??
I must add though, I see were Rolling flood is coming from.Just consider this scenario: Two guyz A&B graduate with a Bachelors degree at the same time.A decides to pursue higher studies and B takes up a job. After a year they file for B' EB3 at his work, while A is still at school.By the time A graduates and a EB2 is filed for him , B is also eligible for EB2.But here is the catch,B gets a much earlier PD than A.So was A a dumb dude that he decided to go to grad school.Does academic experience count for nothing against work experience???
Its something to ponder upon.
dixie
05-24 11:59 AM
Folks,
I think if you one wants to eliminate or significantly reduce the number of H1B's or immigrant visas, then you can go ahead and label that person "anti-immigrant". I would be with you, saying that is definitely negative to America.
So far I haven't seen Lou Dobbs doing that though. All the time I watch the program I see that man bringing up legitimate concerns. Lou Dobbs is a hero for Americans. The fact is that in general, wages have been stagnated for the last five years. What I have seen Lou Dobbs bringing up is that H1B numbers should not be increased. Don't you think that is a fair and rational approach ? Tell me. Honestly, when I learned this provision that they want to increase H1B visas at 20% every year, that appeared quite of a stretch to me. Folks, please be more rational and thoughtful please ?
if you think he is only against INCREASING H1-B visas, but is happy with you and I continuing here on that visa and go on to get GCs, then you are fooling yourself. He is the one primarily responsible for spreading the myth that H1-B workers pay no taxes.To this day, my co-workers openly envy me , because I supposedly dont pay any taxes !!!
If you go through the transcripts of his shows over the last 4-5 years, he is stauncly against everything foriegn, period. He hates H1-Bs, absolutely hates indian call centers , hates cheap chinese goods, hates illegal aliens ... he is not just anti-immigrant, he is xenophobic.
The reason he is so popular is because he appeals to populist sentiments .. its the easiest thing in the world to blame foreigners when the economy is bad and believe everything will be hunky-dory if they are kicked out.
And by the way, I dont see anything wrong in increasing H1-B visas .. after all most of us are here on that visa .. if there is a market demand for them, I see no rational in depriving american employees from hiring foreigners legally. By that logic, are we going to oppose increasing EB green cards once we get our own?? Thats plain hypocrisy.
Nobody riles me more than lou dobbs .. not tancredo, not sessions, not even FAIR. Because, unlike his worthy friends, he has access to idiot boxes all around america on a daily basis.
I think if you one wants to eliminate or significantly reduce the number of H1B's or immigrant visas, then you can go ahead and label that person "anti-immigrant". I would be with you, saying that is definitely negative to America.
So far I haven't seen Lou Dobbs doing that though. All the time I watch the program I see that man bringing up legitimate concerns. Lou Dobbs is a hero for Americans. The fact is that in general, wages have been stagnated for the last five years. What I have seen Lou Dobbs bringing up is that H1B numbers should not be increased. Don't you think that is a fair and rational approach ? Tell me. Honestly, when I learned this provision that they want to increase H1B visas at 20% every year, that appeared quite of a stretch to me. Folks, please be more rational and thoughtful please ?
if you think he is only against INCREASING H1-B visas, but is happy with you and I continuing here on that visa and go on to get GCs, then you are fooling yourself. He is the one primarily responsible for spreading the myth that H1-B workers pay no taxes.To this day, my co-workers openly envy me , because I supposedly dont pay any taxes !!!
If you go through the transcripts of his shows over the last 4-5 years, he is stauncly against everything foriegn, period. He hates H1-Bs, absolutely hates indian call centers , hates cheap chinese goods, hates illegal aliens ... he is not just anti-immigrant, he is xenophobic.
The reason he is so popular is because he appeals to populist sentiments .. its the easiest thing in the world to blame foreigners when the economy is bad and believe everything will be hunky-dory if they are kicked out.
And by the way, I dont see anything wrong in increasing H1-B visas .. after all most of us are here on that visa .. if there is a market demand for them, I see no rational in depriving american employees from hiring foreigners legally. By that logic, are we going to oppose increasing EB green cards once we get our own?? Thats plain hypocrisy.
Nobody riles me more than lou dobbs .. not tancredo, not sessions, not even FAIR. Because, unlike his worthy friends, he has access to idiot boxes all around america on a daily basis.
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bajrangbali
06-07 01:08 PM
5% per month is easily attainable with some options strategies. But not everyone has the temperament/stomach/psyche for active trading.
Investment strategies of any kind - options, stocks, etfs failed miserably in the past couple of years. I dont think that argument stands well to justify against buying a house.
Active trading is a double edged sword, if you lose you lose big..if you win..you bet even bigger..show me one ETF or mutual fund which did not lose money in this market. People are calculating how small they lost compared to their competitors.
Also, timing the market is very dangerous...maybe even worse than buying a house in boom-time..those who made money in bull run or by betting against in bear run, most will agree there is no such thing as free-ride..you win some, you lose some..same logic some of the other posters tried to convey for buying a house..
Risk is a risk no matter how we spin it...all those who have invested heavily in indian real-estate took risk as well..rates are flat now..granted we are comparing a developing market with a mature market..
end of the day everyone is trying to make good of their investment with as little risk as possible...when it comes to home..family, kids adds into the equation...
I would gladly lose 40-50K on a bad decision on house where I lived for many years with my family than invest in uncertain market and make bad decision there and lose it all on paper...ANYDAY
I guess everyone atleast most learnt a lesson with this recession...every recession teaches control..i bet those of us who are here during the previous recesison agree..we all came out with something positive out of it upon survuval..
Buying beyond the means is gone...now people are down to earth and making choices within their means...that is a positive take from this meltdown
To take this thread further, posters who are looking to close the deal or negotiating or closed can post the info regarding location, price, lenders, agents which would help others who want to get in..
Investment strategies of any kind - options, stocks, etfs failed miserably in the past couple of years. I dont think that argument stands well to justify against buying a house.
Active trading is a double edged sword, if you lose you lose big..if you win..you bet even bigger..show me one ETF or mutual fund which did not lose money in this market. People are calculating how small they lost compared to their competitors.
Also, timing the market is very dangerous...maybe even worse than buying a house in boom-time..those who made money in bull run or by betting against in bear run, most will agree there is no such thing as free-ride..you win some, you lose some..same logic some of the other posters tried to convey for buying a house..
Risk is a risk no matter how we spin it...all those who have invested heavily in indian real-estate took risk as well..rates are flat now..granted we are comparing a developing market with a mature market..
end of the day everyone is trying to make good of their investment with as little risk as possible...when it comes to home..family, kids adds into the equation...
I would gladly lose 40-50K on a bad decision on house where I lived for many years with my family than invest in uncertain market and make bad decision there and lose it all on paper...ANYDAY
I guess everyone atleast most learnt a lesson with this recession...every recession teaches control..i bet those of us who are here during the previous recesison agree..we all came out with something positive out of it upon survuval..
Buying beyond the means is gone...now people are down to earth and making choices within their means...that is a positive take from this meltdown
To take this thread further, posters who are looking to close the deal or negotiating or closed can post the info regarding location, price, lenders, agents which would help others who want to get in..
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pbojja
09-26 12:20 PM
I beleive there will be no plans for legal immigrants by either candidates . If there will be any it will be for illegal immigratns because they are not paying taxes . I wish there was a rule not to pay any taxes till we the GC , that will change a lot doesnt it .
I think if Obama wins most of us here will qualify for higher taxes , I feel we already pay more with out a permenant status in this country . Any way taxes may not be a factor for choosing a president and I have no problem if Obama wins.
I dont understand why the immigrant opponets dont get the following .
>> If I get my GC I buy home which means more money will stay in this country.
>> If I get my GC , chances of me going back home and vacating american job odds are more .
I think people always combine H1B with GC , or illegals with GC ..which makes it difficult for average american to understand our issues .
I think if Obama wins most of us here will qualify for higher taxes , I feel we already pay more with out a permenant status in this country . Any way taxes may not be a factor for choosing a president and I have no problem if Obama wins.
I dont understand why the immigrant opponets dont get the following .
>> If I get my GC I buy home which means more money will stay in this country.
>> If I get my GC , chances of me going back home and vacating american job odds are more .
I think people always combine H1B with GC , or illegals with GC ..which makes it difficult for average american to understand our issues .
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nogc_noproblem
08-06 06:34 PM
I recently picked a new primary care doctor. After two visits and exhaustive lab tests...
..., he said I was doing 'fairly well' for my age.
A little concerned about that comment, I couldn't resist asking him, 'Do you think I'll live to be 80?'
He asked, 'Do you smoke tobacco, or drink beer or wine?' 'Oh no,' I replied. 'I'm not doing drugs, either!'
Then he asked, 'Do you eat rib-eye steaks and barbecued ribs? 'I said, 'No, my former doctor said that all red meat is very unhealthy!'
Do you spend a lot of time in the sun, like playing golf, sailing, hiking, or bicycling?'
'No, I don't,' I said
He asked, 'Do you gamble, or drive fast cars?' 'No,' I said. He looked at me and said,....
'Then, why do you even care?'
..., he said I was doing 'fairly well' for my age.
A little concerned about that comment, I couldn't resist asking him, 'Do you think I'll live to be 80?'
He asked, 'Do you smoke tobacco, or drink beer or wine?' 'Oh no,' I replied. 'I'm not doing drugs, either!'
Then he asked, 'Do you eat rib-eye steaks and barbecued ribs? 'I said, 'No, my former doctor said that all red meat is very unhealthy!'
Do you spend a lot of time in the sun, like playing golf, sailing, hiking, or bicycling?'
'No, I don't,' I said
He asked, 'Do you gamble, or drive fast cars?' 'No,' I said. He looked at me and said,....
'Then, why do you even care?'
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srr_2007
04-07 12:39 AM
You are wrong, see my post above. Even if you stay at same employer, your H1 wont be extended if you file for extension. If extension fails, its goodbye for employee and loss of employee and revenue for employer.
EVERYONE LOSES.
Thanks for the clarification.
EVERYONE LOSES.
Thanks for the clarification.
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BharatPremi
07-14 09:14 AM
Why is EB3 India unhappy?
The impression I am getting from all posts is that EB3 is unhappy because EB2 got 2 year advancement in dates. EB3 is unhappy not because of their own retrogression but because someone else is happy being current.
The reason is not justified. EB3 should be unhappy for its own retrogression and not because someone else in EB2 is current. I see a lot of EB3India guys waking up now to the reality and protesting just because EB2 is getting greencads. This approach is wrong. Where were all of you all these months when IV was asking letters for admin fixes? A lot of us were busy enjoying our EADs and suddenly everyone is woken up. Where were all these guys when visa bulletin came every month and dates did not move?
I would support an action item for us EB3 folks only when it is based on the genuine reasons of EB retrogression. If it is based on the reason of EB2 getting greencards and EB3 not getting greencards, it is a wrong immature reason and USCIS or any authority capable of decision making will not like it.
Do you have any idea what are you talking about and why are you talking about? In which year you entered into this GC hell queue? I would suggest you to go through last 8 years of EB category happenings and then you would realize why EB3-India are frustrated....I would generally write but before that I would think first and then write. Best Luck.
The impression I am getting from all posts is that EB3 is unhappy because EB2 got 2 year advancement in dates. EB3 is unhappy not because of their own retrogression but because someone else is happy being current.
The reason is not justified. EB3 should be unhappy for its own retrogression and not because someone else in EB2 is current. I see a lot of EB3India guys waking up now to the reality and protesting just because EB2 is getting greencads. This approach is wrong. Where were all of you all these months when IV was asking letters for admin fixes? A lot of us were busy enjoying our EADs and suddenly everyone is woken up. Where were all these guys when visa bulletin came every month and dates did not move?
I would support an action item for us EB3 folks only when it is based on the genuine reasons of EB retrogression. If it is based on the reason of EB2 getting greencards and EB3 not getting greencards, it is a wrong immature reason and USCIS or any authority capable of decision making will not like it.
Do you have any idea what are you talking about and why are you talking about? In which year you entered into this GC hell queue? I would suggest you to go through last 8 years of EB category happenings and then you would realize why EB3-India are frustrated....I would generally write but before that I would think first and then write. Best Luck.
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GCKaMaara
01-10 04:55 PM
First of all, thanks for converting my argument about Europeans and native peoples into Muslims and non-Muslims. Shows us where our respective prejudices and biases lie. I am very happy when my comments on any situation are turned into a broad 'us vs them' thing. It just shows us that our primitive and primal instincts from the time when we split from the apes are still alive and kicking in some people. Its pretty fascinating for me.
Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.
http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html
You are pretty much right. Lets not combine "40 innocent children killed" with war. Even if it is war, it is a war crime. God bless soul of those kids.
About poisoning kids by extremists, I agree that they are poisoned from very childhood. But killing them is not a solution - never. If it is a problem with 1 or 2 persons, you can work on them and get them out of poisoned mind. Can't work on mass. Thats why B****ds who have their personal benefits associated, always associate these poisons with religion to expand their own empire. Misguided muslim people need to and will understand one day that they are breeding dangerous new generations and is hurting themselves.
Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.
http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html
You are pretty much right. Lets not combine "40 innocent children killed" with war. Even if it is war, it is a war crime. God bless soul of those kids.
About poisoning kids by extremists, I agree that they are poisoned from very childhood. But killing them is not a solution - never. If it is a problem with 1 or 2 persons, you can work on them and get them out of poisoned mind. Can't work on mass. Thats why B****ds who have their personal benefits associated, always associate these poisons with religion to expand their own empire. Misguided muslim people need to and will understand one day that they are breeding dangerous new generations and is hurting themselves.
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ssa
07-14 02:13 PM
About same time last year we had different "schism" on these forums: July 2007 filers with approved labor who could file their 485s Vs those with older PDs but unfortunately stuck in BECs. Most of Eb3s who are outraged today are July 2007 filers. Any guesses how many of them requested BEC victims back then "to be happy" for others and not rock the boat?
The unfortunate fact is that although everyone here is convinced of their moral high ground it is nothing more than self-preservation at the end. If it was just that it would still be fine (human nature) but still more unfortunate is the fact that we as a group never get this riled up - except few notable and respected exceptions - as long as everyone is equally miserable. Only if we had so much participation in all action items (admin fixes, house bills, funding drive etc.)...
The unfortunate fact is that although everyone here is convinced of their moral high ground it is nothing more than self-preservation at the end. If it was just that it would still be fine (human nature) but still more unfortunate is the fact that we as a group never get this riled up - except few notable and respected exceptions - as long as everyone is equally miserable. Only if we had so much participation in all action items (admin fixes, house bills, funding drive etc.)...
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sledge_hammer
06-05 04:33 PM
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.
>> 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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unitednations
03-26 08:04 PM
With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.
You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.
Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.
With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.
If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.
I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.
There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.
You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.
Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.
With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.
If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.
I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.
There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.
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sledge_hammer
03-24 02:44 PM
Okay, sorry if I wrote H-1B. But the "perm" job requirement is for GC.
I kind of mixed the H-1B requirement and GC requirement.
But, the question remains and USCIS needs to clarify what is perm and temp jobs for the purpose of GREEN CARD.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bac7d92e8003f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Q : What is an H-1B?
The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.
As per USCIS, H1B is for temporary job
I kind of mixed the H-1B requirement and GC requirement.
But, the question remains and USCIS needs to clarify what is perm and temp jobs for the purpose of GREEN CARD.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bac7d92e8003f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Q : What is an H-1B?
The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.
As per USCIS, H1B is for temporary job
more...
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sk2006
06-05 02:53 PM
Totally agree ! To add, the decision to buy a house for people like us (who are stuck in this muck) also depends on the life situation you are in. Meaning, the decision to buy a house inspite of the uncertainity was over-weighed by the fact that my kids need to enjoy certain things. Watching them play with kids of their age in the neighborhood, riding a bicycle or playing with the water sprinkler while I sip my beer is priceless.
Yeah, but why do you have to BUY that house to live in it if in the same neighbor hood same or similar house can be rented at much lower price?
Kids can still play and enjoy the sprinklers and you can still enjoy your beer. Isn't it?
Infact we have attached a sense of pride in owning even if we can't afford it. I am not talking about you but in general. People bought 700K houses in 100K salary. And this is a VERY good salary but it still can't afford a 700K house!
Yeah, but why do you have to BUY that house to live in it if in the same neighbor hood same or similar house can be rented at much lower price?
Kids can still play and enjoy the sprinklers and you can still enjoy your beer. Isn't it?
Infact we have attached a sense of pride in owning even if we can't afford it. I am not talking about you but in general. People bought 700K houses in 100K salary. And this is a VERY good salary but it still can't afford a 700K house!
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sanju
04-07 05:54 PM
I wonder if big names like Mircrosoft and others are aware of this. I am sure they will have a huge loss if this bill went through. May be it is time Bill Gates dropped his gloves and fight for us too.
Bill Gates is very influential but he is one man and can do only so much. I think all the forum members should become active in educating and engaging our friends and employers about this potential disaster.
Bill Gates is very influential but he is one man and can do only so much. I think all the forum members should become active in educating and engaging our friends and employers about this potential disaster.
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iwantmygreen
04-14 04:49 PM
When I was a kid I lived in a very small house (flat) with my parents. Now I look back & realize that was the happiest time of my life. We didnt have much money. My parents gave me lot of time & love. For a kid what matters the most is the love he recives from his parents.
I think personally we shouldn't make a statement "Our kids will have better lives in a house". If owning a house means you will give your kid less time then its a bad idea to own a house. If you will give your kid the same amount of time you will in an apatrment then buying a house is alright. The idea of owning a house depends on your financial situation rather then being able to give your kid a better life in a house.
FYI: I own a 6 BR house.
I think personally we shouldn't make a statement "Our kids will have better lives in a house". If owning a house means you will give your kid less time then its a bad idea to own a house. If you will give your kid the same amount of time you will in an apatrment then buying a house is alright. The idea of owning a house depends on your financial situation rather then being able to give your kid a better life in a house.
FYI: I own a 6 BR house.
dontcareanymore
08-05 01:58 PM
Why, what is difference? Why was labor substitution bad. It was perfectly legal after all.
Yes IT WAS. You either have not seen through the issue or can't distinguish the cases.
Yes IT WAS. You either have not seen through the issue or can't distinguish the cases.
pthoko
07-11 01:57 PM
Please ignore my previous posting! I saw in one of the earlier postings that you are approved. Congratulations and Best wishes! and welcome back to this forum; Please help us here whenever you can.
Thanks!
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Thanks!
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