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  • unitednations
    08-08 04:33 PM
    UnitedNations - You are simply amazing..I admire ur courage and feel more confident now. I think this thread has invaludable information so that people will be careful before giving any wrong information to USCIS and geting into to trouble later on.

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

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

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

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

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

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

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





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  • another one
    09-29 05:14 PM
    I have been here since 1997. An Obama win may just restore my faith (which was severely damaged after Bush relection) in the average intelligence of a voter.

    I know that chances of passing of a bill favorable to skilled immigrants are greater with Republicans, but there are other issues far more important to me. For e.g. with a Republican win, the chances of "collateral damage" (deaths of innocent abroad) increase tremendously. I do not want that to be funded through my tax money. Neither do i want my child to read about "creationism" in school (despite paying for all that private school fees!). These issues are more important to me than tax cuts or getting a green card sooner. just my two thoughts...


    I am an Electrical Engineer by training and I manage and lead an R&D group at an American semiconductor company. We design computer-chips that enable about 50% of the world cellular phones.

    I will definitely be moving out of the US when the Dems get elected as I do not think that they capable of making the politically tough but necessary decisions on immigration. They are beholden to too many populist groups and will make the immigration issue a class-based fight. I've had enough of paying taxes, creating $$ & jobs for US-based companies - I've been waiting since 1999.

    I am of course thankful to the US taxpayer who has paid for my graduate school tuition and board, to the US-companies that have given me opportunities that are equal to native-born Americans, and to my American friends for their friendship and hospitality. But prudence demands that I hedge my bets and I will have to relocate to friendlier shores.

    Thought I'd share my experience. Good Luck to All.





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  • suavesandeep
    06-23 10:49 PM
    Ask current underwater home owners how much pleasure are they deriving from their owned home. Day to day pleasure of living may come from the size and the quality/amenities of the house you stay in, whether you own it or rent it is immaterial. If you can rent the same house for 50% of your monthly mortgage and on top of it never have to worry about declining home prices why would you be more happy owning it? Plus "owned" house is a little bit of misnomer here. Unless you have paid it off 100% it's not really your own. Rental property is owned by landlords and your "owned" home is in reality owned by your bank. Miss couple of payments and net results are very similar.

    Don't get me wrong. In rational market owning home is the easiest way to build up wealth but I can't stress the "rational" part of it enough. Although in most areas the excesses of housing bubble are washed away by now in some areas (like good school districts in Bay Area) the prices are still not aligned with the fundamentals like rents for similar properties and average annual incomes. Also renting has one huge advantage right now in this era of rapidly rising unemployment. You are mobile. You can easily move wherever you can find your next job.

    In long run it is always better (IMHO) to own than to rent. But in the short term - for next 1-2 years - I see no compelling argument to buy home unless you land a steal somehow. Sentimental red herrings like "pride and joy" of ownership is definitely not a way to go about making the biggest financial decision of your life. The fact that realtors use this exact phase so often should give you a clue!
    I completely agree with you.. I seriously dont understand what pride/ownership people feel by making 5% or best case 20% downpayment, Where the bank owns most of the house. It only truly yours when you have fully paid for it. To cite comparisons to our parents is plain foolish. Most of our parents bought their first homes by outright paying for it and having the home in their own name and not any BANK. Dont get me wrong, Not that i am pro renting and against home buying. I hope to have a bank financed home like everybody else in the near future. But i seriously would not feel any pride of ownership without actually owning it in the real sense. I fully own both my cars and feel proud about them :).





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  • aadimanav
    07-13 11:45 PM
    Actually Version 2 is the latest draft:
    http://immigrationvoice.org/forum/showthread.php?p=262392#post262392

    Excellent letter. - I support even I am EB2.

    One should not point other category and ask for the right.



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  • unitednations
    07-10 12:50 PM
    Such mistakes can be corrected by CBP defered inspectors but they will only correct typo errors by the CBP at POE . For other mistakes u need to file Form I 102 with USCIS.


    That's correct spelling mistakes, etc., can be corrected if you go back to the port of entry who generated the I-94 card.

    I 102 is more for replacement of an I-94 card.

    However; POE entering you on a wrong companies h-1b isn't so easily correctible after the fact.

    In situations such as this; it is better to go back out and re-enter with proper company h-1b.

    In May and June before people were getting ready to file the 485's a lot of these issues were found in reviewing their files/history. Many people had their visas expired and they didn't want to go for visa stamping. What many people did was go to Canada and use auto revalidation and then re-enter USA on the proper companies h-1b and/or get a new I-94 card and also reset the 245k benefit since it is measured from the date of last entry to filing the 485.





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  • ArkBird
    01-10 03:36 AM
    man, what r u talking about?!!!
    Britain didn't give any land to Egypt or Jordan.. After half a century of enabling jewish migration to palestine (not out of its kind heart, but an anti-semetic european plan to rid europe of them), Britain suddenly pulled out of the region in 1947 and Israeli gangs started going village to village massacring palestinians and throwing them off their lands. egypt managed to protect the palestinians who fled to gaza, about 1.5 million refugees now crammed in that very tiny city, jordan protected the ones who fled to the west bank, but again Israel attacked and occupied both of these since 1967 Imagine being kicked off your prosperous home and put in a refugee camp nearby while others enjoy your home, then them complaining that you should be pleased they allow you to live in the refugee camp and you should let them live in peace..
    at least get some basics about gaza here if you want to discuss it http://www.nytimes.com/2009/01/08/opinion/08khalidi.html

    And your source is RASHID KHALIDI!

    I rest my case. Anyone knowing anything about Middle East conflict knows how biased and pro-Palestinian this guy is.

    Partition of Palestine was done as per United Nations General Assembly Resolution 181

    Stop smoking pot!



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  • bfadlia
    01-09 05:18 PM
    American Army was not hiding in World Trade Center and launching rockets on the civilians in Saudi from there. There was absolutely no target of military importance in WTC. Civilians got killed in Gaza because terrorist were hiding among them.

    Quit hiding among women and children and fight like man on battlefield.

    when you have two sides claiming two opposite stories, it is not reasonable to have one side be the defendant and the judge at the same time.
    The UN and International Red Cross who are on the ground there declared the Israeli claims of militants in the bombed civilian areas bogus.. foreign journalist might have confirmed that too (ah.. forgot that Israel banned foreign journalists from entering Gaza.. wonder why?)
    If we dismiss independent testimony just because the defendent says so, every criminal will go get a free hand.. plz let me hear ur logic for doing that





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  • thomachan72
    03-23 01:31 PM
    You/lawyer/employer may have forgotten to shred the extra/unwanted documents. Someone may have got hold of them.

    Google 'identity theft' and you will be surprised.

    Do not answer anyone unless you check. Ask for a call back number. Find the name , badge number. ask them to send you an email with a legit id and you will call back.

    You should anyways never talk alone to such people even if they are real. Ask them to talk to your lawyer. If they ask you his number, tell them to find from the application.

    Basically never give any information on the phone.

    Easier said than done :-) Well a lot of us are waiting anxiously for some activity on the USCIS side regarding our petitions and suddenly you get a call!!! Wow, I am sure a lot of us would panic and give out exactly what they want. Now whether immigration officials are permitted to make calls? who knows? But honestly we are in a screw either way. What is the official is genuinely trying to help and we start asking him.. Give me your number and let me call back. what if he/she is ofended (most often that can happen). On the other hand if as you said, if it happens to be a ID theif/crook, if you give him all that he wants :-(
    Why dont we prepare ourselves for such events:---
    when you get a call from Immigration---
    1) Dont loose your cool 2) be very polite and ask politely "Sir / madam, may I obtain a phone number that I can call back and I will do that immediately or at your convenience. I have waited long and would provide you with all the details that you require on calling back.
    Any "English" experts, please contribute to better way of answering the "Unexpected" phone calls from immigration dept. We should be prepared to not loose their initiative (that little angel that rests deep within any persons heart).



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  • Pagal
    06-20 03:45 PM
    Hello Hiralal,

    Indeed! But if the individual 'affordability' is such that you can pay the monthly payments even after moving out of US due to job loss/485 denial, and if the purchase lowers your tax bill, then it may make more sense to buy the house...

    Personally, I've always had intentions of buying real estate in US, EU and India.... have it in India, considering it in US and exploring how to buy it in EU... :) Wish had much more 'cash'... :D





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  • minimalist
    08-05 03:37 PM
    I said most of the case. Not all. Ofcouse, most of the bodyshoppers does this abuse. Like labor subsitution, creating a duplicate job just to file EB2 etc.. I am not blaming good US employers and employees. There are tons on non-IT genuine EB2 cases are there..

    If Y2K issue was not there and there is no explosion of IT industry, you wouldn't have had this scenario where you find severe retrogression for India.
    If you are thinking in terms of meritocracy, I am sure most of the people who are so vehemently arguing are not the best and brightest from their batch on every level . People with better credentials may not be doing as well as you . So stop cribbing about how somebody else who you suppose is inferior to you is getting ahead.



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  • yabadaba
    08-11 12:26 PM
    dont know about lou's total viewership but every day his online polls have less than 15,000 respondents

    http://www.cnn.com/POLLSERVER/results/26653.exclude.html

    i m sure its basically everybody who is a member of numbersusa, fair and other nut job establishments





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  • unitednations
    08-02 06:06 PM
    UN, you are God, thanks for the clear answers. I have one more, what are the reasons for I-140 denials, i.e what are the pitfalls to watch out for? Its been almost a year since I filed my I-140 in NSC and no response yet with a LUD of 10/6/2006, its troubling because my 7th yr H1 is expiring in a month and my lawyer wants to wait and see if the I-140 gets approved before then to file a 3 yr extension (we already applied the I-485). I am worried because of the potential of serious problems resulting from an unfavorable adjudication of my I-140.


    There is mainly two things for denial: ability to pay and person not meeting the education and experience requirement.

    Now; some of the things that USCiS goes after: close relative owning the compay; no registered office or just a virtual office in a particular fast processing state; too many 140's (ability to pay); in merger situations;not substantially all assets and liabilities were acquired by the successor entity (greencard labor rules in successor are different then h-1b situation).



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  • srkamath
    07-13 12:11 PM
    I really admire this initiative for EB3-I by some members. We need a strong argument to put forth. This letter is very weak. The opening statement needs work. There are too many abbreviations.

    Please do not make the letter sound like a whine or a rant about someone else who followed the rules getting ahead - this will not work, neither will a plea.
    Complaining to the USCIS or DOL or DOS that they are not interpreting the law favorably for a certain group will not make the cut. None of them have much discretionary authority here and definitely no arbitrary powers.

    The executive branch of the US gov (incl DOL, DOS, DHS) is limited to working within the law - they can revise their interpretation of a law if it converges with the intent of congress - not if it diverges from it.

    Immigration laws are written to benefit the US and not for fairness to potential immigrants - that is how it is. The DOS is presently interpreting the law the most accurately ever. The problem is the law - not the interpretation.

    EB3 badly needs backlog relief. This is a congressional matter and not executive.





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  • chantu
    07-14 09:51 AM
    I think USCIS is successful in using the policy of DIVIDE AND RULE. This is the condition of pathetic LEGAL & EDUCATED immigrants. This is the reason why illegal & uneducated people's voice gets heard because they are united.



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  • sabudanawada
    04-15 02:49 PM
    Some common thinking patterns that immerge out of these conversations. Please understands that these are all "amoral" paradigms, nothing else, you can pick and choose any of these set of values and lead your life on it, the choice is upto you. Nobody is right and nobody is wrong, except in their own imagination.

    1. Money cant buy happiness
    2. Bigger home doesnt mean better life for kids.
    3. Life in US is better than life in India
    4. Life in India is better than life in US.
    5. Our parents had more time for us than we do for our children
    6. It is better to be content and happy than to be materialistic and unhappy.
    7. Stability is more important than commiting a big chunk of your money.
    8. Good neighborhoods is whats more important.
    9. Renting is good for immigrants till they get their green cards.
    10.Buying house in this market is stupid.
    11. Buying house in this market is smart.
    12. I already bought the house and loving it
    13. Wait till they kick you out of the country, then tell me that you love your house. you know they sometimes make some stupid mistakes with your application and there is no telling whether you could be their victim even if you have cleanest case for GC.


    i can go on, but come on guys, dont you get it? Who wins with these arguments. NOBODY. Do what you think is right for you and your family. as simple as that...

    Cheers! :cool:





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  • mariner5555
    04-17 03:16 PM
    just in case people are wondering why the future of housing will continue to be bad ..here is the article.
    http://blogs.marketwatch.com/greenberg/2008/04/mortgage-resets-the-fun-has-just-begun/?mod=MWBlog
    ------
    �When they start talking about mortgage RESETS,� emailed Paul Jaber, a portfolio manager at the Perpetual Value Fund, �can you correct them and tell them the problem is RECASTS? They surely don�t know the difference��

    Paul continued:

    See, if you took out an option pay ARM loan in 2005 and bought a few properties like the hotshot 24-year old Southern California real estate mogul � on average you would be able to make 40 months of BELOW interest rate mortgage payments (I use the word payment loosely).

    After about 40 months your 2% b.s. payment would make the loan grow to about 115% of the original amount and then � WHAMMO � your loan would recast to a 27-year fully amortizing mortgage. Your payments would go from $1,000 a month to over $3,000 and you would be walking around wondering, like �What is happening?� A good analogy is the three-year no-payment, no-interest Circuit City TV loan. The catch is that in month 37 you owe ALL back interest � usually about double the original charge.

    The guys talking about resets are trying to confuse the situation. The option arm loan was very popular through 1Q07 - so take 40 months from that date, plus 3 months for them to go 90 days late and then and only will you see foreclosures start to level off.

    To further drive home the point, Paul adds:

    The reason why CFC, WM, WB, DSL and FED are all imploding is because the 2003 - 2004 pay option arm loans are all recasting and then going 90 days late. But all you need to know is pay option arm loans have a teaser payment that will last until the loan goes 110%-125% of original value and then the loan RECASTS to a fully amortizing loan. That is how a payment skyrockets - its simple math. Whereas payments can�t realistically double or triple with a simple ARM reset, most are capped every year - again the math is pretty simple.

    The resets do indeed peak in the middle of this year and then taper off. It�s also true that the Fed cuts mean that the reset leads to no increase in monthly payments for about 20% of borrowers and for less than $100/month for another 20%, based on an article I read in the WSJ a few days ago. But:

    1) That means for 60% of homeowners, the reset will more more than $100/month � for some, a lot more.

    2) Mortgages with teaser rates written from Q1 05 - Q2 07 are defaulting at catastrophically high rates before the reset � a whole lotta people can�t even pay the teaser rates!

    3) Bulls are missing the lag effects. It takes an average of 15 months from the date of the first missed payment to sale of the house, so the fact that resets are tapering off by the end of this year means the wave of foreclosures and home auctions the resets trigger won�t hit until mid to late 2009 into 2010.



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  • gc28262
    12-19 10:31 PM
    sriramkalyan,

    I find it irritating that every now and then, some tom dick and harry comes to these forms and say - "time to close down" whenever you see something that you don't like. Frankly, this shallow view and negative attitude is irritating.

    Sanju,

    Your posts are definitely interesting. Please start a blog. We all will be happy to read it there. We should not post non-immigration related stuff on IV (especially those that are controversial). As for IV, unity is more important than freedom of speech.

    So I agree with sriramkalyan, threads such as these should be closed.





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  • xyzgc
    01-09 06:58 PM
    Online Israel-Hamas war
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  • hiralal
    06-04 10:07 PM
    here is a good point about long term housing prospects. I for one am glad that GC delay saved me from buying a house.
    this is from an article
    ------------------------------------
    Why do I think housing is in the tank for the long term?

    First, I listen to people smarter than I am - a key to success from investing to recreation league baseball. When my rec team had its first losing season - after twelve consecutive great seasons (two per year) I did the logical and hired a professional coach. They were winners the next season. Ditto for analyzing stuff - and I follow Ivy Zelman and Whitney Tilson. They have been dead on about the mortgage meltdown - and see a larger one coming.

    Listening to them, reading data and being objective has led me to see the key to a rebound in housing is clearing inventory - too much supply and too little demand, and since lower than five percent interest rates have not spurred buying, supply is the issue. Supply comes from the sale of existing homes, the sale of new homes, and the sale of foreclosed homes.

    * Typically ten to fifteen percent of Americans sell or want to sell their home in a given year. Recent survey data shows the number is now 30%. Keep that in mind.
    * New home sales are incredibly low. Market wisdom said home building stocks would rise once the new housing start rate hit a million and inventory became tight. New home starts are roughly half of that and there ain't no rebound. As the poet said, times, they be a changing.
    * People are not selling, and builders are not building, not just because people are not buying - it is because prices are low and going lower and the driver here is foreclosures. Data can be found here, there and everywhere but the salient data points are a) banks are accelerating foreclosures, b) the next wave of resets of mortgages, the cause of most foreclosures, does not peak until the summer of 2011, c) banks are already sitting on more than half a million homes they have not listed for sale, and the whopper is d) the New York Times has reported that there are nineteen million empty housing units and only six million are listed for sale.

    This last point, when combined with another couple of million foreclosed homes, then with desire for people wanting to sell their home as soon as they can, means excess inventory for as far as the eye can see. I originally projected housing prices would, nationally, bottom at the end of 2011 and prices would begin to pick up in mid 2012. I may have been premature. With resets peaking in mid defaults will probably peak in early Q4 2011; this means foreclosure listings will peak in mid-summer 2012, after the peak selling season, not good for managing down inventory. Assuming demand picks up - a near heroic assumption at this time as interest rates will be higher and unemployment could be the same or higher at that time - you will start to see inventory declining in a meaningful way until 2013 at the earliest.

    I have focused on supply - was I too cavalier about demand? Well, that is more problematic - resets, defaults and foreclosures are fourth grade math and although the only thing I knew about housing was my own mortgage before this mess started, I can do fourth grade math and every forecast I have made about foreclosures and inventory has been right within a 30-45 day period.

    Using fourth grade math as our primary tool does have value in estimating demand. Roughly 40% of demand in the peak year - 2006 - was sub-prime or near sub-prime - and these buyers are out of the market for a considerable period of time. And a very large percentage - some analysts estimate as high as a third - of all sales were for investment and second homes. Most of this demand is gone for the foreseeable future. Add tightening credit standards, recession ravaged incomes and personal balance sheets, and a new frugality and it is hard to see demand in 2013 or 2014 climbing past 50% of demand in 2006. Even if the FHA does not go bust - which it will, requiring another Treasury bailout.





    pitha
    04-09 12:42 PM
    Absolutely correct. When a company hires someone they are not just thinking about QA, junior programer etc they are thinking about the growth potential of that individual. You dont even need a seconday school certificate to do a QA job, but if the company is any good they will try to access your skills beyond the immediate required position and see how you might grow and be an asset to the company.

    I am sorry to hear this sense of mediocrity that you want to perpetuate - maybe, I made a mistake by preaching to the wrong set of folks. The person I want to hire for a particular position should be smart enough to move to other positions (if the original position were to go away or if his/her career plans were to change). The last thing I want is to hire a person whose skills are not transferrable to a different job position.

    I have myself moved from development to management to business and all because I believe I have the base skills to be an effective, valuable employee (and alas, every time I have done the change, my GC has been re-applied).

    In a competitive world, you are better off hiring the best talent - just pay close attention to the kind of folks McKenzie/BCG hires.





    xyzgc
    12-22 03:16 PM
    Well, one thing I can think of is how we treat the dead terrorists. In case of Parliament, Ashkardam and Mumbai attack, security forces killed the terrorists while they were killing innocents. As usual, Pakistan disowned them.
    Publicise very very heavily and spread the word that these dead bodies would be given non-islamic burial. Hit where it hurts them...After giving non-islamic rites, spread the word that next terrorist that gets killed would get more drastic treatment.

    BUT ensure that this treatment would be only for the foreign terrorists who are killed by security forces while doing their act and that are disowned by their country. It can be easily misused also. This should ONLY be done if nobody claims ownership of the body.

    The story we hear about Kasab is that he was a looser and a petty criminal who was brainwashed. If he and his ilks are willing to get brainwashed religiously then they can not discount the effect of propaganda about non-islamic rites for their dead body and possibly it might deter them from taking that ultimate step.

    Take a survey among the Muslims in Bombay to see if they support giving non-islamic rites for the 'orphaned' dead terrorists. I'm sure most of the sensible Muslims are outraged and they would agree to it especially after seeing what they saw on the TV. Before the killer's gun, there is no religion but only the intention to kill.

    Publicity is a good potent weapon, I agree.



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