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  • DallasBlue
    07-08 09:48 PM
    The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.

    However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.

    I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.

    Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.

    To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.

    Very insightful.

    So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.

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  • unitednations
    07-17 12:19 PM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)

    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.

    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??


    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??


    I am assuming that you haven't left the country since 2005?

    Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.

    What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.

    Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.

    Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.

    Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).

    The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.

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  • puddonhead
    06-05 07:47 PM
    >> US does not produce any consumer goods, its all China..if you don't produce you don't sell and if you don't sell you don't make an income, and if you don't make an income you don't pay taxes...plain and simple. So, what do we do, Borrow and spend.. but remember, the interest obligations will grow to suck the dollars away from goods and services that it purchases. (Folks are in China now )

    I believe this is oversimplified. You are completely ignoring the value of knowledge properties and innovation.

    Lets take the example of Boeing. 20 years down the line - it may decide that manufacturing may make more sense in China and relocate its factory. However, my belief is that it will be very difficult for Boeing to relocate all of its knowledge workers. The low levels ones are easy to relocate. But the key innovators will continue coming from the US education system. The next generation of ceramic or alloy materials to build components will be invented in US 90% of the time (It may be a bold claim - I will substantiate this in more detail later).

    If the key innovators/management are in/from US - a lot of the profit of this corporation would stay in the US - either in the form of taxes or return paid to shareholders. In fact, I would argue that the intellectual properties (that US would "own") will be more valuable than the value addition from the grunt work in China/India. So your comment suggesting that US is no longer adding any real value to the world economy is probably misplaced.

    Now to my big assumption/comment about the unassailable lead in innovation.
    US is unique in that it allowed the best people from all over the world immigrate and let all ideas mingle to create great ones. No other country allowed this. No other country is even in the horizon to be doing that in the next 100 years. There are so many tech workers in Bangalore and so many manufacturers in China - how many latest innovations did you see coming from there? Unless Bangalore/Shanghai becomes the next hub for people all over the world to come in and synthesize ideas - they will never replace the US. I dont see that happening any time soon.

    And what happens if the Lou Dobbs types are successful and US goes down the drain? Well - then all of us are well and truely screwed and the economy, its trends etc become meaningless. The world has many major issues to face in the next 100 years - global worming, over population, depleting natural resources etc. If there is no center of innovation any more (like the current US) - then all the calculations we do about economy and all will probably be irrelevant. When you are fighting for survival then economy does not matter - your next bowl of rice does.

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  • xyzgc
    01-10 11:04 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.

    The world feels Israeli attacks is disproportionate. The recent Gaza attacks and the Lebanese attacks are deemed disproportionate. But that's the only answer to rockets being launched into Israel and the bombing of commercial establishments in Tel Aviv.

    India does not attack Pakistan's terrorist camps at all.
    Its another example of grossly disproportionate response!!:mad:.
    Islamic fanatics come and violate my motherland at will makes my blood boil in useless rage. I'm even more appalled when Indians themselves remain insensitive of this fact and want to preach peace.

    India is not Israel and Israel is not India. Israel not only attacks the terrorists but also exports weapons to India. Such a tiny nation, one of the most advanced nations in South-West Asia and takes the bull by its horns!. India imports weapons from Israel, has growing defence budget of tens of billion dollars and does nothing to stop terrorism. Its absurd!


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  • axp817
    03-25 01:59 PM
    If he indeed was affiliated with the USCIS, I would want to hear his take on this even more. We are trying to understand what can and cannot be done in terms of self employment while on AOS and who better to answer this, than a USCIS representative.

    No one is trying to break the rules, just trying to understand what the rules are so they aren't unknowingly broken.

    And I know you were just joking, tee hee.

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  • Raju
    05-24 03:32 PM
    Raju, the unemployment is at 4.7%. That is good, but how about earning power and wage increases ? I hear all the time my friends report that they can no longer afford goods and services as they did five or four years ago. There are plenty of evidence that in many sectors wages have dropped or have stagnated. Is that indication of surplus pr shortage of workers ?

    Regarding his idea of sending 15 millions of illegals out, that is not absurd. He never told he wanted to do it overnight. A gradual, slow deportation program yes, it would be probably the best way to handle this.

    I am sorry if I look negative to you guys, but my goal is to be sincere and honest about facts here.

    I think that wages have gone up drastically during the dotcom bubble and you should expect them to flatten for a few years. Also, the economy is coming out from a bust and that accounts to a little stagnation. It is simple man, the world also has to catch up. If you get the same job done for much less in coutries like China, India, Russia and romania, why do you think the wages will go up, unless there is a new technology, that absolutely needs cutting edge skills. This is the way it has been in ht past, this is the way it is in present and will be this way in future. The services and goods you are talking about will become more expensive if you want to send the undocumented workers out. And the wages may not go up that much because companies can get stuff done in other parts of the world. A reporter should talk about two sides of the issue and I have never seen Lou do that. I do not have the time/interest to find the transcripts but he had been offensive about H1s and I heard him say that H1's do not pay taxes, which is a blunder.


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  • njboy
    04-08 08:14 PM
    genuine firms like microsoft are unable to hire h1b people because ..guess what? all the h1 quota is in new jersey, I was approached multiple times by people who said if I get anyone to file an h1 in their company, and if the h1 came through..I would get 1000 U.S.D. I asked them..what should be their qualification, they said..dont worry about qualification, they'd give a free course for QC tester and place them. So I wont be surprised if big fortune 500 companies are also behind this bill.

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  • shuyaib
    12-22 09:28 PM
    Its a known tendency of hindu groups of radicalizing muslims, so much so that Jinnah took into consideration and formed pakistan.

    Still the hindus will target an abominal act of 11 people and make a community of muslims, a country victim of their acts.

    Yet, even if a hindu preaches infanticide of girls, he is not terrorist, a hindu scripture preaching burning alive of widows is not terrorist doctrine, a mythical god preaching murder of low caste for chanting holy rhymes is not a terrorist! Hail Ram!

    India could fight british militantly under Subhash Chandra, and under Gandhi, and that is fight for freedom, yet Palestinians fighting for free country is terrorism! Will the Aryans return the land to Dravidians now?


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  • paskal
    07-14 05:37 PM
    Thanks. I will look into it further when I get a chance. the number of GC granted in a year is complicated- and for the moment I speak offhand so correct me if needed. Till 2005, the recapture clouded the numbers. After that EB3 benefited from a Schedule A recapture that went almost entirely to EB3, a lot to EB3 Philipenes and a good chunk to EB3 India.

    AFAIK last year though, once that was ll over and vertical spillover was implemented, EB2/EB3 Inid should both have got only the strict country quota mandated GC numbers.

    Anway- offhand as I said...gotto rum.


    Your post made me look again into the text. Alright, I see some things now, doesnt fully explain the lack of EB3 numbers but let me summarize..

    EB2-ROW-> EB2(general-pool). I have always conceded that this should be the case. (for those who disagree, see my initial posts).

    My point always has been on the spillover of EB1 numbers, that very clearly is to be shared amongst EB2 and EB3 (and if you apply USCIS "new" yard-stick), this will be first-come-first serve, so pretty much will help the most regressed category. However, it is my contention that in making the change of the Veritcal/Horizontal spillover (is there any "memo" on this?), USCIS went a step further than what they should have done. They denied EB1 spillover to EB3.

    For the rest EB3ers, here is the relevant post that supports EB2-ROW to Eb2->general-pool. But it does not say anything about EB1 numbers

    "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limit ....

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  • gjoe
    07-14 07:00 PM
    If you can show that EB3 I from 2004 was approved in 2005 or 2006 you can challenge USCIS if you have a older PD, no matter if you filed your I485 at that time or not.
    You have a strong case if you can prove that USCIS went about processing application and issuing GC in a disorderly fashion and due to that your application with a earlier priority date has not been processed.

    My 2paisa here, Good Luck


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  • perm2gc
    08-11 11:54 AM
    The following month, Dobbs featured ITT Industries, an engineering and manufacturing firm. One of the things he liked about ITT, he told readers, was that CEO Louis Giuliano "puts such a high premium on his employees, and their involvement in 'value creation.' A lot of CEOs view employees simply as fat to be cut in service to the bottom line or in pursuit of a better stock price. Louis is one CEO who knows better than that..." Is ITT on Dobbs' list of companies moving jobs overseas? By now, you know the answer.

    And in February of this year, Dobbs focused on energy company Pinnacle West. After touting the company's "rapid growth," he told readers, "The second reason I like Pinnacle West is its model corporate governance." He went on to ask CEO William Post: "Last year, the Greater Phoenix Economic Council awarded you the Outstanding Regional Contribution award, recognizing a lasting contribution to regional economic development efforts. How important is it to you, as a corporate leader, to contribute to your region's economic development?"

    Pinnacle West -- like Toro, Greenpoint, Boeing, Bank One, Washington Mutual, ITT Industries and Office Depot -- appears on Dobbs' list of companies that are "exporting America."

    Dobbs is careful in his televised comments for CNN not to attack individual companies directly by name, and he's never called for viewers to boycott companies that outsource. But by posting their names on a website titled "Exporting America," and by making on-air declarations like, "U.S. multi-nationals are shipping jobs for only one reason...cheaper labor costs," Dobbs leave little doubt about how he wants his attitude toward the companies to be perceived by viewers.

    Dobbs says the website was set up merely to fill a vacuum. In an email to Campaign Desk, he wrote: "We began compiling our list of companies outsourcing jobs overseas because the information was not available anywhere, and we wanted to know how widespread the practice is, and report it to our viewers. The Labor and Commerce departments, the Business Roundtable, and the U.S. Chamber of Commerce have never kept records of jobs lost to outsourcing. Our list of corporations now exceeds 800, and grows daily."

    And he sees no contradiction in fingering outsourcers with one hand, while recommending the same companies as investment opportunities with the other: "[Y]ou seem to be suggesting that one cannot criticize corporate America without calling for its destruction," he told us. "Or because one believes a company to be well-managed that's its beyond criticism...Surely, you don't believe that your readers or my viewers are incapable of abhorring a business practice, and at the same time acknowledging the success of a corporation?" He makes a distinction, he said, between bad practices and those who practice them.

    But Dobbs' newsletter doesn't just "acknowledge" successful corporation. He goes further, painting his featured companies as good corporate citizens -- and encourages readers to invest in them partly on that basis -- without mentioning that they conduct business practices that, by his own admission, he "detests."

    Most of Dobbs's CNN viewers don't have access to the information in "Money Letter," his investment guide. So the larger public sees only one Lou Dobbs: the outspoken anti-outsourcing crusader. The other Lou Dobbs is available only for that $398 fee. And that's the Lou Dobbs who doesn't appear to be putting his money where his mouth is.

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  • GoneSouth
    04-07 06:45 PM
    I think everyone should take a deep breath. This bill hasn't even made it out of committee yet. The Bush administration has made it clear that they are pro immigration and pro h1-b. I'll never say never, but I think it's very unlikely that this bill will ever get to the president's desk, and even less likely that he will sign it.


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  • Marphad
    01-07 04:30 PM
    Because he committed Gujarat Genocide. My response was to the one who mentioned "All terrorirst are muslims".

    Didn't the truth finding commission found the real culprits in Sabarmati issue?

    Yes Nanavati commission found Madresa in Godhra was responsible!

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  • abracadabra102
    08-06 05:01 PM
    Interviewer: How come?

    Stroustrup: You are out of touch, aren't you? Remember the typedef?

    Interviewer: Yes, of course.

    Stroustrup: Remember how long it took to grope through the header files only to find that 'RoofRaised' was a double precision number? Well, imagine how long it takes to find all the implicit typedefs in all the Classes in a major project.

    Interviewer: So how do you reckon you've succeeded?

    Stroustrup: Remember the length of the average-sized 'C' project? About 6 months. Not nearly long enough for a guy with a wife and kids to earn enough to have a decent standard of living. Take the same project, design it in C++ and what do you get? I'll tell you. One to two years. Isn't that great? All that job security, just through one mistake of judgement. And another thing. The universities haven't been teaching 'C' for such a long time, there's now a shortage of decent 'C' programmers. Especially those who know anything about Unix systems programming. How many guys would know what to do with 'malloc', when they've used 'new' all these years - and never bothered to check the return code. In fact, most C++ programmers throw away their return codes. Whatever happened to good ol' '-1'? At least you knew you had an error, without bogging the thing down in all that 'throw' 'catch' 'try' stuff.

    Interviewer: But, surely, inheritance does save a lot of time?

    Stroustrup: Does it? Have you ever noticed the difference between a 'C' project plan, and a C++ project plan? The planning stage for a C++ project is three times as long. Precisely to make sure that everything which should be inherited is, and what shouldn't isn't. Then, they still get it wrong. Whoever heard of memory leaks in a 'C' program? Now finding them is a major industry. Most companies give up, and send the product out, knowing it leaks like a sieve, simply to avoid the expense of tracking them all down.

    Interviewer: There are tools...

    Stroustrup: Most of which were written in C++.

    Interviewer: If we publish this, you'll probably get lynched, you do realise that?

    Stroustrup: I doubt it. As I said, C++ is way past its peak now, and no company in its right mind would start a C++ project without a pilot trial. That should convince them that it's the road to disaster. If not, they deserve all they get. You know, I tried to convince Dennis Ritchie to rewrite Unix in C++.

    Interviewer: Oh my God. What did he say?

    Stroustrup: Well, luckily, he has a good sense of humor. I think both he and Brian figured out what I was doing, in the early days, but never let on. He said he'd help me write a C++ version of DOS, if I was interested.

    Interviewer: Were you?

    Stroustrup: Actually, I did write DOS in C++, I'll give you a demo when we're through. I have it running on a Sparc 20 in the computer room. Goes like a rocket on 4 CPU's, and only takes up 70 megs of disk.

    Interviewer: What's it like on a PC?

    Stroustrup: Now you're kidding. Haven't you ever seen Windows '95? I think of that as my biggest success. Nearly blew the game before I was ready, though.

    Interviewer: You know, that idea of a Unix++ has really got me thinking. Somewhere out there, there's a guy going to try it.

    Stroustrup: Not after they read this interview.

    Interviewer: I'm sorry, but I don't see us being able to publish any of this.

    Stroustrup: But it's the story of the century. I only want to be remembered by my fellow programmers, for what I've done for them. You know how much a C++ guy can get these days?

    Interviewer: Last I heard, a really top guy is worth $70 - $80 an hour.

    Stroustrup: See? And I bet he earns it. Keeping track of all the gotchas I put into C++ is no easy job. And, as I said before, every C++ programmer feels bound by some mystic promise to use every damn element of the language on every project. Actually, that really annoys me sometimes, even though it serves my original purpose. I almost like the language after all this time.

    Interviewer: You mean you didn't before?

    Stroustrup: Hated it. It even looks clumsy, don't you agree? But when the book royalties started to come in... well, you get the picture.

    Interviewer: Just a minute. What about references? You must admit, you improved on 'C' pointers.

    Stroustrup: Hmm. I've always wondered about that. Originally, I thought I had. Then, one day I was discussing this with a guy who'd written C++ from the beginning. He said he could never remember whether his variables were referenced or dereferenced, so he always used pointers. He said the little asterisk always reminded him.

    Interviewer: Well, at this point, I usually say 'thank you very much' but it hardly seems adequate.

    Stroustrup: Promise me you'll publish this. My conscience is getting the better of me these days.

    Interviewer: I'll let you know, but I think I know what my editor will say.

    Stroustrup: Who'd believe it anyway? Although, can you send me a copy of that tape?

    Interviewer: I can do that.


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  • file485
    07-10 04:54 PM

    from your experience...

    I would like to file for my GC filed thru my ex-employer in 2003, i140 also is approved and hoping the dates might be current in October.

    I know it is safest route to join the ex-employer before filing 485,but I am not sure if he has a project around that time for me. The HR is always ready to give the required employment letter to hire me as a full time employee once I get my permanent residence card.

    Now, my question is it safe to take this route, cos once we get the EAD and advance parole we will start using them with the spouse starting to work(so no more H4 status etc)..or any hitches as to during the interview will we have a hard time as to why I was not employed during 485 stage etc..

    All the cases I see is people r filing 485 working with the current employer and plan to change jobs after 6 months..but my case is different..

    Have you seen/known anyone getting GC without working for the sponsoring employer during time time of filing 485..?

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  • funny
    09-30 05:58 PM
    please forgive my ignorance and I have asked this question 2-3 times on this thread itself.

    Do you think if Obama comes into power then all the people who are waiting for GC under employment based GCs will loose thier current applications and will have to start all over again in the new Point based system or the new point based system would only be for new applicants? It might very well be possible that Obama campaigns for Recapturing the lost visas and reducing the current backlog quickly so that the new process can be in placed quickly...I doubt that all the pending applicants will be asked to join the new point based queue, because no one would be willing to do it and a lot of people will be going back to thier home country and there would be a lot of crisis specially in IT as he is also campaining for Less H1B, so companies will not be able to hire new H1B.

    Please clarify.
    ^ BUMP^


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  • greenguru
    04-08 02:17 AM
    I was discussing the same with a friend of mine...

    what will be done next is ...

    Have 49 employees and start a sister concern ( New firm ) after that ..

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  • wellwishergc
    07-11 11:48 AM
    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.

    Is your GC approved now?

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  • xyzgc
    01-01 01:30 PM
    I agree partly with what Alisa is saying ..war is definitely not the answer ..hopefully as years pass by (my feeling is atleast 50 years) ...more and more pakistanis will realise that the key to better life is to lead a modern life and become a modern country like malaysia(which has its own faults though).
    on the other hand ..Alisa ..don't you think Pakistan should atleast handover some of the terrorists who are wanted particularly the MF/SF bastard Dawood ?
    basically u cannot have cake and eat it too ..if pak wants good relations/goodwill with India then they should take some action

    And in those 50 years, assuming you are an Indian, your family becomes a victim of the terrorist attack, will you still hold on to your ideas of peace?

    Its not the question of average Paki realizing what's wrong and what's right. Its about the army dictators that run Pakistan. Will they realize that? Should we wait for them to realize that and keep suffering in the process?

    Pakistan will not handover anybody to India. India will hand over Kasam and Afzal (parliament attacker) to Pakistani terrorists - in line with turning the other cheek, after receiving this slap from the terrorists.

    07-14 02:17 PM
    couldn't say it better.

    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.)...

    06-05 08:13 PM
    Do not take that snipet out of context.. Innovation, research and development, that you have talked about was in the past. Do you know that Boeing has a R & D Lab in bangalore? So does many globals.. They are already doing modelling and simulation at those centers :). When they made it difficult for innovators to get here.. jobs left US to go to innovators.. .Same will happen with Technology soon :)

    By the way, all those your points are valid but will have a negligable impact on Housing market or economy in short term.. atleast until next cycle.. Unless US reform immigration policies for a 21st century knowledge revolution.. create well paid jobs for best and brightest in the world right here.. who can earn, spend and not borrow.. (EB category) ... Housing problem will also resolved... But US is lagging way behind. this is my opinion as Obama Administration has not thought so far beyond providing food coupons, housing rescue and medicare... Based on what is on the card, there will be lot of blue collar folks... nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?

    I couldn't agree more with you on this.

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