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  • IL_Guy
    06-08 11:42 AM
    [QUOTE. Life would be boring playing safe.[/QUOTE]

    Thats me, man! I tried both options "playing safe" and "daring out". I liked the later one better. I'm a H1-B, I owned a home for last five years and I'm absolutely happy.

    My thoughts are that you should take risks in life (Home, Stocks...etc) until you are 40, you may win some and lose some. If you lose, you still have time to recover...either in US or your home country, at least you tried.


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  • Ahimsa
    11-13 08:42 AM
    [B]... BILL TUCKER, CNN CORRESPONDENT (voice-over): Microsoft's Bill Gates this week fired the first shot in the coming fight for more cheap foreign labor. Gates warning of a shortage of high-tech workers that his company needs to be competitive...
    We can ignore Lou on his yet another one-sided propaganda.
    But I think, if Lou is fair-minded (which he is not), he should have called Bill Gates to discuss on H-1B not Kim B.

    H-1B reform is an off-topic right now for us.
    Also, IV is neither supportive of or against H-1B increase.

    US lawmakers already started discussing to reform H-1B with point-based system.
    Senate had a hearing on Sep 14, 2006:

    Lou thinks lawmakers do not know anything about refoming H-1B.

    So, we can ignore Lou for ever.

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  • pappu
    12-26 05:44 PM
    CNBC. They are also airing a programme on immigration at 8pm eastern.

    Its about Illegal immigration only

    8:00pm - 9:00pm, NBC (23)
    Tom Brokaw Reports
    The journalist travels to the Colorado Rockies to reveal the real story of illegal immigration; Rep. Tom Tancredo (R-Colo.) discusses his opposition t…

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  • DSJ
    05-16 09:59 AM
    :p :p I like this most. Lets move on...

    Let�s worry about our survival rather than the survival of TCS, Infy etc.


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  • file485
    07-08 07:56 PM
    Assuming your husband is here from 2000, they are asking for 7 years, i.e. 12 * 7 = 84 months of paystubs? This is ridiculous. How many people keep paystubs from 7 years ago? Infact in those days paystubs used to have their social security numbers on them, they should be shredded, atleast that's the common advice.

    pls dont give wrong info..

    paystubs..W2's, tax returns r the most imp documents..especially for souls like us with employment based immigration..

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  • 485Mbe4001
    08-11 04:11 PM
    Dobbs is more worried about his show and ratings. i am sure he has an h1b working somewhere in his office or his old office at more importantly do you guys feel that he affects policy decisions or the immigration debates going on. if he barks let him bark...
    I heard sensenbrener (wrong spelling but you know the guy) on the radio yesterday, it sounded like no way in hell he was going to compromise on his issue an let the bill pass. Now that is one guy people from IV need to talk to or send emails to, atleast to help him understand out point of view.


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  • paskal
    07-15 03:07 AM
    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.


    here are the allotments as posted elsewhere.

    2003 2004 2005 2006 2007 (EB India allocations)
    EB1 1,266 2,998 6,336 3,156 2,855

    EB2 8,536 16,262 16,687 3,720 6,203

    EB3 10,647 19,889 23,250 3,006 17,795

    Continuing on what i said- till 2005 there was recapture. 2006 reflects what would happen with a vertical spillover for both EB2 and 3 India- about 3,000 GC a year. In 2007, both (esp EB3I) struck pay dirt because everyone became current in July. Under a situation where all categories are current, Gc are distributed exclusively by RD and country quota is thrown out of the window. That is why so many GC were given to EB3 I last year- it makes sense because this is the largest waiting group.
    However July 07 is not coming back. If vertical spillover continues, 2006 will become the reality. In that situation the waits for both EB2 and EB3 India will be simply indefinite. Unfortunately for EB3 I, they are indefinite either way- UNLESS we get more GC numbers.

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  • chintu25
    08-05 11:55 AM
    I am requesting an amendment to the spelling of "mahaul".
    I think it would sound better if we spelled it as "mahole" :D

    Mohol --> :D


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  • pete
    04-09 11:37 AM
    The job description can be put in the way that points to your plus points. If you go the Harvard Biz. school you will have those. I dont think they want you to leave. There will be other avenues out there.

    I am all for cleaning the system and reforming H1B - but I oppose an ill conceived half measure such as the one Senator Durbin/Grassley is proposing.

    My main concern is two fold:
    1. Let us assume I am a very bright individual and I am currently in Harvard. If I graduate from Harvard Business School, and I want to join McKenzie, can I do that? Can I ever be a Management consultant in US if I want to (read I as any random Joe who is not US citizen/GC holder)

    2. Can I switch jobs within a couple of weeks if I need to (I refers to someone who works for a good company but perceives opportunities else where) - this is important as my competition (US citizen/GC holder) has no restriction in place for them. This is also important during recession when I might be a valuable asset to another company but the company cannot afford to wait.

    My point is: definitely prevent abuse of the system, but not by putting more shackles on the hapless employee. Give the employee freedom to move anywhere for a certain period of time (could be 3 yrs renewable 2 times as per current H1b) and have strict penalties if this employee overstays visa etc.

    Additionally, if employers abuse the system, send them to jail right away (and have whistle blower immigrant status protection). Make employers more accountable than they are today.

    Just my 2 cents.....

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  • gimme_GC2006
    03-24 01:08 PM
    USCIS adjudicators follow a manual and very specific set of procedures as laid out by their headquarters. Sometimes in the gray areas or areas of interpretation they are given wide latitude in how to interpret those rules.

    However; document list and procedure for getting them is very prescribed. When person posts of their experience with USCIS and it is very different then what their policies, procedures are then it makes it very suspicious...

    Everything you have posted falls in line with department of labor audit and not local uscis office interviews or requests for information from local office interviews.

    If what you are saying is accurate then you and your company should have consulted with your attornies and specifically asked for this in a request for evidence and assessed the legality of this request and pulled the officer back and sent in only what was required by law.

    California service center back in 2004/2005 was denying 140's due to "temporary job" issue. Lawyer stupidly in replying to ability to pay part of rfe sent in contracts like you do in H-1b and put it in front of uscis that the contracts were temporary. USCIS had no choice but to deny the 140's and this was one of those issues (one of the people actually had their approved 140 reopened and denied for this issue). That particular company had 35 straight denials over this issue.

    The point is..these are the same questions and documents Officer asked me when I went for Personal interview..

    I showed what I got and I said I dont have for what I didnt had..Officer was fine..basically they were going by what is written in Biographic form (g325a).

    They may look like DOL process but yeah, per their field manual they are supposed to dont ask me how do I know whats in their field manual..she had field manual open on her has this..check this..check that..step 1..step 2..etc

    There was a step in their manual, which prompted them to check visa bulletins for
    a) the date 485 was filed
    b) for the date interview was being held.


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  • diptam
    08-05 02:15 PM
    You are probably talking about a thin % of peoples - this is a lame argument for most of the Eb3 folks who can and want to port to Eb2 legally.

    Let me give you my case. I was eligible for both EB2 and EB3 when my GC labor was filed - my employer filed it in EB3 because the queue is longer and i remain with them for longer duration. I had about 390 days of H clock left so arguing with that employer and finding another one was also not an option because for getting H extension beyond 6 yrs needs the GC labor to be more than 365 days old.

    By the way I've seen the horrors of Labor Sub , I've suffered BEC cold storages for years,now I'm struggling with my Eb3 140 for 15 months at NSC and after all that if i port to EB2 and get my 485 quickly - what Problem you have or what's wrong in that ?

    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:

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  • rima1805
    03-23 09:36 AM
    my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard.

    We bought a townhome in my 1st yr of H1 as I had just got married and my wife (from India) was literally living out of her boxes in my 1-bed rm apt. My decision was based less on home being an investment (due to decling real est market, etc) and more on being a necessity. Try one of the "rent vs buy" online calculators to see how much more you would have to pay. For instance, I was shelling out ~1000 bucks a month on a decent 1 bed apt with garage; and now, I pay ~1500 on a 3 bed, 2.5 bath, 2 car garage townhome. This year I could also itemize my mortgage int payments and pay less tax too, where as the rent you pay every month goes straight into the drain! We recently had my parents from India stay for 6mo with comfort. Try that in an apt. In view of the GC situation, I'd go for a not-so-expensive but good neighborhood home so that you can 'enjoy' your life as others have rightly pointed out and sell it with lesser pain if you have to move & the housing market tanks. Good luck!


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  • pthoko
    07-11 10:48 AM
    Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.

    I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.

    If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.

    1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
    2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
    3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?

    Not a legal advice.

    Yes H1B is NOT Stamped yet.

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  • sledge_hammer
    03-23 03:11 PM
    I'm sure you meant Larry David ;)

    Did you send Seinfeld a royalty? :D


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  • logiclife
    12-26 04:40 PM
    What Channel?

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  • ohpdfeb2003
    06-27 01:50 PM
    nothing you have said below answers my question. In 30 years if u are paying 1500 for rent that is 540,000 that is gone. Instead if you used that money to pay the interest, you canclaim that 540,000 as a deductible. Let me say it slowly so u can understand.

    540,000 of rent nets you zero in 30 years.
    540,000 paid towards interest makes it a deductible. That is the difference. In the 28% tax bracket you receive an extra 5,040 a year in your tax refund. But if you are renting you receive zero. That amounts to 28% of that money u lose renting which is a whopping 151,200 in 30 years which is huge.

    Again let me repeat 30 year rent of 1500/month is 540,000 down the drain. As a renter toy claim to save money while u are losing 1500/month. As an owner that 1500 goes to interet which I can get back 28% every year. You don't.

    I'm not even calculating principal here.

    When you rent the amount you save is the same as the principal+equity+property value of my home and savings combined. And in that case after 30 years i managed to get something back with that money you lose in rent. Even if u rent for 30 years the home you mightve wanted to buy 30 years ago at 400,000 is now 800,000. You cannot Afford to buy it anymore. And on top of that you blew 540,000 renting. I blew 540,000 on interest but guess what? I got 151,200 of that amount back in tax returns.

    Why can you not see that? Your arguments do not display any financial sound to renting other than you like to throw 1500 a month away.

    Looks like you dont read all the posts. Taxdeduction of mortgage interest is overrated. Everyone gets a standard deduction, not all your interest is tax dedcutible, only the difference between your interest payment and standard deduction if any( every one gets standard deduction:D).

    so you thought you saved 151,200 in mortgage interest but guess what you arent even saving half of that. Renter's have the downpayment money invested elsewhere thats making more than inflation:) to cover more than the difference you saved


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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?'

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  • qasleuth
    06-05 11:27 AM
    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.

    Reading the article I take it that the writer is only concerned about the profitability of buying a house in the current situation. He's not of the opinion that buying a house is bad investment, ever! But a good investor does not try to time the market; it is, in my opinion, even if you tried, an art and not a science. So now maybe the best time to buy actually!

    But I have also seen many ignorant, anti-capitalist, anti-government, conspiracy theorist freaks out there, blogging from their basement, and writing articles suggesting that the government is somehow brain washing the public into buy a house so that they'll become the government�s slaves for the rest of their lives. These guys have actually never ever made any real money. They come up with short sighted calculations to prove that renting for life is better than owning a home. In my opinion no one should be listening to these people. I have yet to hear from a successful investor, or a businessman, or anyone that has what you may call reasonable wealth, saying that real estate is bad in the long run. I would take these people's advice any day because they have the money to show for their sound investment strategies, one of them being investment in a house, or a piece of real estate.

    We as immigrants who are not sure of where we'll be in the next 5 years may want to consider the fact before investing in a house. But anyone else that has no such worries would be foolish not to buy a house thinking it is a doomed investment.

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  • crystal
    07-07 10:18 PM
    related article on murthy for the Inadvertent Unauthorized Employment

    Actually ..I had even read somewhere in these forums, that 'out of status' etc will be considered since the last entry into the country..

    in your case, if he re entered into the country in 2002, the previous status should not be considered...but we can never argue with the immigration officers,once it gets into their head,they can be the most 'sanki' guys..

    take appt with Rajiv Khanna/Murthy without wasting any minute further..

    04-14 03:18 PM
    I cannot agree more. I have been trying to drill this into some peoples brain but they are so adamant on renting and has made this thread into a rent vs buy argument. I finally gave up. I am not saying that this is the right time to buy. Fast forward 2 or 2+ years, lets assume the market is good. Then when it comes to rent vs buy I advocate buying a house.

    Let�s say you have a small kid and you are living in an apartment, after 10 years you save enough money to buy a big house and you then eventually you buy it. Then you ask the your kid �do you like the house?�. He will reply �it�s very nice dad, but can you give you give my childhood now?.�. Go figure out guys. If you are not planning on going back for a very long time then at-least get a life in the country you reside and when the housing market is good.

    Where do you get the idea that the child will loose the life in apartments and then get back after buying a house?:confused: It would be nice if we can buy the house on the day one when we join the job. Or even nicer if our parents got us a house in US before we came here:D. Unfortunately there are circumstances that prevent us buying a house. The biggest one is this bubble and the madness of multiple bidding that insanely pushed the real estate prices, all the while the realtors and mortgage brokers where making 300K or 500K yearly income selling shoe boxes for half a million and generating slogans like "you will be priced out forever", "they are not manufacturing any more land", "housing is always a good investment", "renting is throwing away money".

    03-25 12:41 PM
    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.

    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."

    Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.

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