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javadeveloper08-02 12:35 PM245k and 245i are two different things.

245i was sort of an amnesty. If person overstay their i-94 cards for any length of time they can still adjust status to lawful permanent resident as long as they pay the $1,000 penalty.

Main criteria of 245i is that you had to have an immigrant petition (i-130) or a labor cert filed on behalf of you before April 30, 2001. If you meet this criteria then overstaying or being out of status doesn't matter. However; even if you were eligible for 245i and you had overstayed by more then six months and you left the country then you wouldn't be allowed back in and if they somehow allowed you back in; you wouldn't be able to adjust status because the 3/10 year bars kick in.

Thanks UN



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dealsnet01-08 03:05 PMYou think about using brain by them?? You kidding???
Blind following the blind.

What did they invent in this world.?
May be using kids as suicide bombers.
You may remember first attempt for Benezer's life by giving a 3 month old child covered with bombs, and it explode before she touched the child??


All the religeous books were written based on contemporary circumstances. I have a friend named Mansuri, mentioned to me once why muslims don't eat turtles:

"Few animals with hard shell were not hygenic or dangerous like crocodile. It was difficult to explain each animal separately to common people. So Mohammad advised that animals with hard shell should not be eaten. "

Another one told by my friend Maqsood:

"There were lots of cabella wars going on at the time of Mohammad. The prophet allowed to have more than one wives so that those ladies don't go on wrong route like prostitution. "


Above examples seem acceptable over that time. At today they are not relevant anymore. Some people still want to follow the same words spoken 1300 years before literally without applying a slightest brain. They are abused and misguided by some selfish Mullahs who have their own agenda in life.

Rather than abusing entire community, need to educate "spoiled kids" how they are misguided in current time. Unfortunately percentage of "spoiled kids" are very high as I mentioned in one of posts before.



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validIV06-25 03:42 PMYou just gave an example of a guy who owns his own house.

Rich guys first make their money and then buy houses. Reverse is not necessarily true. They are not rich because they bought houses. If money was no object for me I too will go ahead and buy house even it did not make strict financial sense. I'm not there yet.

As for naming names, Warren Buffet who is plenty rich does not favor real estate as an investment vehicle. Real estate has has 1-2% average rate of return over the last 60 years barely keeping up with inflation barring crazy speculative booms like we recently had which quickly go bust. This is to be expected since house is an unproductive asset and unlike businesses (stocks/bonds) does not "produce" anything so in the long run it's price will roughly track the inflation.



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Marphad01-09 11:36 AMAdmin, I have responded to your message. Also please understand that it was my response to his PM using very harsh and abusive language.

Its good we talk healthy now!

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ameryki03-23 08:59 PMgo for it mate. i bought a home in my 3rd year of H1 granted now I have Ead etc but immigration was never a factor when investing in a pad...hope this helps



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StuckInTheMuck08-06 10:29 AMIn a poor zoo of India, a lion was frustrated as he was offered not more than 1 kg meat a day. The lion thought its prayers were answered when one US Zoo Manager visited the zoo and requested the zoo management to shift the lion to the US Zoo.

The lion was so happy and started thinking of a central A/c environment, a goat or two every day and a US Green Card also.

On its first day after arrival, the lion was offered a big bag, sealed very nicely for breakfast. The lion opened it quickly but was shocked to see that it contained few bananas. Then the lion thought that may be they cared too much for him as they were worried about his stomach as he had recently shifted from India.

The next day the same thing happened. On the third day again the same food bag of bananas was delivered.

The lion was so furious, it stopped the delivery boy and blasted at him, 'Don't you know I am the lion... king of the Jungle..., what's wrong with your management?, what nonsense is this? Why are you delivering bananas to me?'

The delivery boy politely said, 'Sir, I know you are the king of the jungle but ..did you know that you have been brought here on a monkey's visa!!!

Moral: Better to be a Lion in India than a Monkey elsewhere!!!

If there is a contest for the best entry, this one gets my vote. But, there is a subtlety that seems to be missed here. Monkeys are mostly brain, whereas lions are all brawn (we are a lot closer to monkeys in our genetic makeup!). So, looking at it from that angle, and in the context of what we are trying to achieve here in US, who would we rather be :)

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Macaca05-18 05:29 PMWhy Ai Weiwei's case matters for the future of China on the world stage (http://blogs.telegraph.co.uk/news/peterfoster/100088312/why-ai-weiweis-case-matters-for-the-future-of-china-on-the-world-stage/) By Peter Foster | Telegraph

There’s a perception in Britain that human rights issues in China are really just a hobby-horse of the liberal left, an issue that only bothers people who pay an annual subscription to Amnesty International.

That’s a big mistake, because human rights – or more broadly, political reforms and good governance – are the fundamental key to China emerging this century as a developed and stable nation. Everyone has an interest in making that happen.

A recent report from France’s INSEAD business school picked up by the Wall Street Journal traces the clear correlation between good governance (rule of law, property rights etc) and prosperity.

Economically oligarchies and authoritarian states stall when they hit per-capital income levels of about USD$15,000 a per head. China is predicted to reach USD$8,300 this year, which means the time when these issues are starting to press is fast approaching.

“Without reform, growth is not sustainable,” says Antonio Fatas, an economist at INSEAD and co-author of the study, “This has clear implications for China and other countries.”

That’s why Jim O’Neill of Goldman Sachs, on a visit to China last week, said that his biggest worry for China was not near-term inflation, or asset bubbles or bad debts but the Communist Party’s long-term ability to adapt politically to a new world.

Asked about risks to the ongoing China story, Mr O’Neill (the man who coined the BRICs acronym) cited inflation and rising protectionism in Washington as “small” risks, before sounding his note of real caution.

“The third thing [risk to China], that’s much longer term; as Chinese people get wealthier, the Chinese central party machine has to adapt more and more to keep in synch with what Chinese people want, and that might be a real challenge,” he warned.

That’s why Ai Weiwei’s case matters – not just as an individual human being (though he does) but also because his case is symptomatic of the failure of China’s ruling Communist Party to create credible political institutions in which the rest of the world can have faith.

As Markus Loning, Germany’s human rights commissioner, said this week in Beijing. “It is not about a single case, but the rule of law. If we want to have development, it is important for people to claim that they are protected [by the law].”


The world must speak up over the detention of Ai Weiwei (http://www.telegraph.co.uk/comment/columnists/borisjohnson/8515705/The-world-must-speak-up-over-the-detention-of-Ai-Weiwei.html) By Boris Johnson | Telegraph


Australia's multilateralism fetish (http://www.lowyinterpreter.org/post/2011/05/18/Multilateralism-Time-to-rip-off-the-band-aid.aspx) By Michael Wesley | The Interpreter
Will violence in Mexico impact immigrant pool in US? (http://www.csmonitor.com/World/Americas/Latin-America-Monitor/2011/0517/Will-violence-in-Mexico-impact-immigrant-pool-in-US) By Sara Miller Llana | The Christian Science Monitor
Let us deport the bad guys
Critics are wrong: The Secure Communities program works. (http://www.latimes.com/news/opinion/commentary/la-oe-baca-immigration-20110517,0,7647155.story)
By Lee Baca | Los Angeles Times
Hispanic Growth Shapes 2012 Race (http://online.wsj.com/article/SB10001424052748704281504576327200008543470.html) By GERALD F. SEIB | Wall Street Journal
E-2 visa helps many non-U.S. citizens start small firms (http://www.latimes.com/business/la-fi-smallbiz-visa-20110516,0,7260673.story) By Cyndia Zwahlen | Los Angeles Times



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maine_gc09-26 09:21 AMI love to see Obama in White House too. My only concern is who drives his Immigration Policy. Sen. Durbin? We all know what provisions were added to CIR 2007.

I am here legally in this country for 8 years. Applied for 9th year extension this month and waiting in line for Green Card since 2004. I strongly beleive that with Sen. Obama in WH, the US economy will get out of the current crisis and we can see the good old days of 90's again.

I am also looking after the backup plans now just in case if Sen. Obama's immigration policy is based on the CIR 2007 and all the provisions that are against the EB community are included then i do not have any choice other than to leave the country. I am getting ready to apply for Canadian PR whcih would not take more than a year and by that time i believe we will have a good picture of Obama's immigration policy.

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CreatedToday01-06 05:12 PMIf CNN is pro-Israel why would they stop it, instead Israel should take them in.

Recently during Diwali celebration, one boy ....

Hiding behind Civilian, hiding behind school kids, hiding in hospitals - Full of bullshit lies told by jewish owned medias like CNN and Fox. Have you ever heard from any moderate palestinians about thier plight? This is what those media feed us.

Infact Isreal blocked medias including CNN from entering Gaza. Why? They don't want the world to watch their attrocities. Simple.

............the same time encouraging other side to kill more and more.



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DallasBlue09-29 07:22 PMUSINPAC and AJC should support us for talented future lobbyists. :-)

Forget the Israel Lobby. The Hill's Next Big Player Is Made in India (http://www.washingtonpost.com/wp-dyn/content/article/2007/09/28/AR2007092801350_2.html) By Mira Kamdar (miraukamdar@gmail.com) | Washington Post, September 30, 2007

Mira Kamdar, a fellow at the World Policy Institute and the Asia Society, is the author of "Planet India: How the Fastest-Growing Democracy is Transforming America and the World."

The fall's most controversial book is almost certainly "The Israel Lobby and U.S. Foreign Policy," in which political scientists John Mearsheimer and Stephen Walt warn that Jewish Americans have built a behemoth that has bullied policymakers into putting Israel's interests in the Middle East ahead of America's. To Mearsheimer and Walt, AIPAC, the main pro-Israel lobbying group, is insidious. But to more and more Indian Americans, it's downright inspiring.

With growing numbers, clout and self-confidence, the Indian American community is turning its admiration for the Israel lobby and its respect for high-achieving Jewish Americans into a powerful new force of its own. Following consciously in AIPAC's footsteps, the India lobby is getting results in Washington -- and having a profound impact on U.S. policy, with important consequences for the future of Asia and the world.

"This is huge," enthused Ron Somers, the president of the U.S.-India Business Council, from a posh hotel lobby in Philadelphia. "It's the Berlin Wall coming down. It's Nixon in China."

What has Somers so energized is a landmark nuclear cooperation deal between India and the United States, which would give India access to U.S. nuclear technology and deliver fuel supplies to India's civilian power plants in return for placing them under permanent international safeguards. Under the deal's terms, the Nuclear Nonproliferation Treaty -- for decades the cornerstone of efforts to limit the spread of nuclear weapons -- will in effect be waived for India, just nine years after the Clinton administration slapped sanctions on New Delhi for its 1998 nuclear tests. But the Bush administration, eager to check the rise of China by tilting toward its massive neighbor, has sought to forge a new strategic alliance with India, cemented by the civil nuclear deal.

On the U.S. side, the pact awaits nothing more than one final up-or-down vote in Congress. (In India, the situation is far more complicated; India's left-wing parties, sensitive to any whiff of imperialism, have accused Prime Minister Manmohan Singh of surrendering the country's sovereignty -- a broadside that may yet scuttle the deal.) On Capitol Hill, despite deep divisions over Iraq, immigration and the outsourcing of American jobs to India, Democrats and Republicans quickly fell into line on the nuclear deal, voting for it last December by overwhelming bipartisan majorities. Even lawmakers who had made nuclear nonproliferation a core issue over their long careers, such as Sen. Richard Lugar (R-Ind.), quickly came around to President Bush's point of view. Why?

The answer is that the India lobby is now officially a powerful presence on the Hill. The nuclear pact brought together an Indian government that is savvier than ever about playing the Washington game, an Indian American community that is just coming into its own and powerful business interests that see India as perhaps the single biggest money-making opportunity of the 21st century.

The nuclear deal has been pushed aggressively by well-funded groups representing industry in both countries. At the center of the lobbying effort has been Robert D. Blackwill, a former U.S. ambassador to India and deputy national security adviser who's now with a well-connected Republican lobbying firm, Barbour, Griffith & Rogers LLC. The firm's Web site touts Blackwill as a pillar of its "India Practice," along with a more recent hire, Philip D. Zelikow, a former top adviser to Secretary of State Condoleezza Rice who was also one of the architects of the Bush administration's tilt toward India. The Confederation of Indian Industry paid Blackwill to lobby various U.S. government entities, according to the Boston Globe. And India is also paying a major Beltway law firm, Venable LLP.

The U.S.-India Business Council has lavished big money on lobbyists, too. With India slated to spend perhaps $60 billion over the next few years to boost its military capabilities, major U.S. corporations are hoping that the nuclear agreement will open the door to some extremely lucrative opportunities, including military contracts and deals to help build nuclear power plants. According to a recent MIT study, Lockheed Martin is pushing to land a $4 billion to $9 billion contract for more than 120 fighter planes that India plans to buy. "The bounty is enormous," gushed Somers, the business council's president.

So enormous, in fact, that Bonner & Associates created an India lobbying group last year to make sure that U.S. companies reap a major chunk of it. Dubbed the Indian American Security Leadership Council, the group was underwritten by Ramesh Kapur, a former trustee of the Democratic National Committee, and Krishna Srinivasa, who has been backing GOP causes since his 1984 stint as co-chair of Asian Americans for Reagan-Bush. The council has, oddly, "recruited groups representing thousands of American veterans" to urge Congress to pass the nuclear deal.

The India lobby is also eager to use Indian Americans to put a human face -- not to mention a voter's face and a campaign contributor's face -- on its agenda. "Industry would make its business case," Somers explained, "and Indian Americans would make the emotional case."

There are now some 2.2 million Americans of Indian origin -- a number that's growing rapidly. First-generation immigrants keenly recall the humiliating days when India was dismissed as an overpopulated, socialist haven of poverty and disease. They are thrilled by the new respect India is getting. Meanwhile, a second, American-born generation of Indian Americans who feel comfortable with activism and publicity is just beginning to hit its political stride. As a group, Indian Americans have higher levels of education and income than the national average, making them a natural for political mobilization.

One standout member of the first generation is Sanjay Puri, who founded the U.S. India Political Action Committee in 2002. (Its acronym, USINPAC, even sounds a bit like AIPAC.) He came to the United States in 1985 to get an MBA at George Washington University, staying on to found an information-technology company. A man of modest demeanor who wears a lapel pin that joins the Indian and American flags, Puri grew tired of watching successful Indian Americans pony up money just so they could get their picture taken with a politician. "I thought, 'What are we getting out of this?', " he explains.

In just five years, USINPAC has become the most visible face of Indian American lobbying. Its Web site boasts photos of its leaders with President Bush, Senate Majority Leader Harry Reid, and presidential candidates from Fred Thompson to Barack Obama. The group pointedly sports a New Hampshire branch. It can also take some credit for ending the Senate career of Virginia Republican George Allen, whose notorious taunt of "macaca" to a young Indian American outraged the community. Less publicly, USINPAC claims to have brought a lot of lawmakers around. "You haven't heard a lot from Dan Burton lately, right?" Puri asked, referring to a Republican congressman from Indiana who has long been perceived as an India basher.

USINPAC is capable of pouncing; witness the incident last June when Obama's campaign issued a memo excoriating Hillary Rodham Clinton for her close ties to wealthy Indian Americans and her alleged support for outsourcing, listing the New York senator's affiliation as "D-Punjab." Puri personally protested in a widely circulated open letter, and Obama quickly issued an apology. "Did you see? That letter was addressed directly to Sanjay," Varun Mehta, a senior at Boston University and USINPAC volunteer, told me with evident admiration. "That's the kind of clout Sanjay has."

Like many politically engaged Indian Americans, Puri has a deep regard for the Israel lobby -- particularly in a country where Jews make up just a small minority of the population. "A lot of Jewish people tell me maybe I was Jewish in my past life," he jokes. The respect runs both ways. The American Jewish Committee, for instance, recently sent letters to members of Congress supporting the U.S.-India nuclear deal.

"We model ourselves on the Jewish people in the United States," explains Mital Gandhi of USINPAC's new offshoot, the U.S.-India Business Alliance. "We're not quite there yet. But we're getting there."

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SunnySurya08-05 12:12 PMWith all due respect, just because few people don't like it is no reasons for getting this thread closed..
This thread is causing unhealthy division between EB2 and EB3. This thread should be closed and people should concentrate on the call campaign instead on fighting each other.



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Macaca12-27 07:10 PMDilip Kumar turns 88 (http://dailytimes.com.pk/default.asp?page=2010\12\28\story_28-12-2010_pg3_2) By Ishtiaq Ahmed | Daily Times

The great thespian Dilip Kumar turned 88 on December 11, 2010. I had wanted to pay tribute to this larger-than-life megastar of Bollywood in my previous column but the tragedy in Stockholm made me postpone it till now. Thanks to YouTube I could follow some of the highlights of the birthday party from Stockholm. Among the many guests were veteran character actor Pran, 90 (started his film career in Lahore in a Punjabi film), and Dharmendra (also a Punjabi).

His wife, once the beauty queen of Bollywood, Saira Bano, made very gracious remarks about her remarkable husband. The most touching was the warmth and feeling with which she narrated that 400 students of Khalsa College, Mumbai, where Dilip studied as a young man many, many years ago, donated 89 bottles of blood � one more than the 88 years that Dilip has completed � as a pious gesture to wish him a long life. For a very long time, Dilip sahib has been actively involved in charitable and philanthropic causes. On his first visit to Pakistan he was the guest of a blood donation organisation. Later, he has visited Pakistan to take part in Imran Khan�s campaign to raise funds for the Shaukat Khanum Memorial Cancer Hospital. In India, he is constantly involved in rendering service to movements dealing with the blind and other physically challenged human beings. He is truly a man with a golden heart.

As an actor there is hardly anyone who has attained so much fame and won so many laurels as Dilip sahib. He was awarded the Dadasaheb Phalke Award in 1994 for lifelong contribution to cinema. Mian Nawaz Sharif, like the late General Ziaul Haq, is very fond of Indian films. As prime minister, Mian sahib indulged his artistic self by conferring the Nishan-e-Imtiaz on Dilip Kumar. Those were the days when Mian sahib was considered a peacenik and had developed close rapport with another Punjabi, Prime Minister Inder Kumar Gujral (originally from Jhelum).

I remember being in Lahore in February-March 1999 just after Prime Minister Atal Bihari Vajpayee and Mian sahib had reached the Lahore Declaration, which was to usher in peace and prosperity between India and Pakistan. At some of the social gatherings the atmosphere was extremely positive to India-Pakistan trade. One industrialist convinced me that we would benefit most because while the Indians will get a market of 150 million we would get a market of one billion. Somebody must have been listening to all this and wanted to subvert such economist argumentation. So, the Kargil mini-war broke out in May 1999.

After the Kargil showdown, Shiv Sena�s Bal Thackeray and his goons carried out a hate campaign against Dilip sahib, alleging that like all Muslims he is at heart a Pakistani. They demanded that he must return the Nishan-e-Imtiaz because Pakistan had committed aggression against India. Dilip did not give in to such blackmail. He retorted, �This award was given to me for the humane activities to which I have dedicated myself. I have worked for the poor; I have worked for many years to bridge the cultural and communal gaps between India and Pakistan. Politics and religion have created these boundaries. I have striven to bring the two people together in whatever way I could. Tell me, what does any of this have to do with the Kargil conflict?�

I had the rare privilege of spending some three hours with him late evening on October 20, 2001. The famous actor of the 1970s, Raj Babbar (parents originally from Jalalpur Jattan, northern Punjab), had on my request arranged the interview. Originally it was meant to last not more than half an hour. However, once I was inside his sitting room and met him I could feel that Dilip wanted to talk to me more and more.

To my very great surprise he wanted to conduct the conversation in his native Hindko, which to a Lahore-born like me was hundred percent Punjabi, but with a peculiar accent. We went over his long life, starting with Peshawar of course, where he was born as Mohammad Yusuf to the family of a fruit trader, Lala Ghulam Sarwar and his wife Ayesha. That trade brought his father to Maharashtra. Some years later Yusuf Khan became Dilip Kumar.

He convinced me to have an omelette, saying that this way he could also join me otherwise Saira Bano was against him eating fatty stuff. I enjoyed watching him as he shared his heartfelt views about some people that I wanted him to comment on. He dispelled the rumour that he and Raj Kapoor had at any time been estranged from each other or been against each other. On the contrary, he told me that Raj Kapoor was always a steadfast friend and their Peshawar roots cemented that relationship on the family level. About the great Rafi sahib he told me that a gentler human being than him was difficult to find. He and Sunil Dutt (originally from village Khurd, Jhelum district) were next-door neighbours. Their families also met regularly and were very close to one another. He spoke very highly of Sunil Dutt, calling him a man of great courage and a very pure conscience. Equally he showered praise on Pran, calling him a man of lofty principles and integrity.

I was tempted to probe his feelings about some of the female stars he had worked with, with some of whom rumours about amorous relationship had circulated. Then, I thought it would be trespassing into his private life and I would be abusing his hospitality. So, I did not broach that topic. I could however easily understand why so many women fell in love with this very fine specimen of Pakhtun ancestry.

Politically he appeared to be very well informed. The Americans had just started aerial bombing of Afghanistan in retaliation for al Qaeda�s 9/11 terrorist attacks. He expressed great concern for the loss of life that such conflict entailed. Being from that region himself, he was worried that if the conflict escalated, the people of Khyber Pakhtunkhwa would suffer the most. It is amazing that at such an early stage he could foresee what was in the offing. I was quite surprised by his extensive reading of both Urdu and English literature and his interest in philosophy.

The writer is Professor Emeritus of Political Science, Stockholm University. He is also Honorary Senior Fellow of the Institute of South Asian Studies, National University of Singapore.

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go_guy12307-28 02:35 PMCome the November Elections, Dems could lose 10 in Senate..

And we are back to square one.

Dejavu 2007/2008 ;

If this happens, no bill will pass, leave alone Immigration Reform.

Republicans will keep sending bills and Obama will Veto 'em.

But if you look past history, skilled immigration has had allies when Republican have been in power. Its a wrong notion that h1B/Eb people have that democratic party is for immigrant. Actually Democratci party is for the illegal masses only.



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validIV06-05 05:24 PMMy properties are in Woodside and Kew Gardens both in Queens, NYC. I have been fortunate as NYC is one of the best areas that kept its home value. I am certain this is not the case in 90% of the country but so far in NYC, the housing and renting market have only dropped slightly or remained stagnant in most areas here. In fact, some places are picking up again.

I will admit that one unit (3 bedroom) that I was formerly renting out for 1900 had to be dropped to 1700 to compensate for the recession. But the house that the unit was located in (2 family house) appreciated in equity by 30,000 in 1.5 years (also in February 2009) amidst the economic downturn.

As for generalizing, yes I understand that buying and owning is not for everyone, especially if your situation is temporary and you have no plans to stay in that area for long. But you are in America for God's sake. Take advantage of the system and don't be afraid of it. Why are you applying for your green card here if you dont plan to make it your home or long term? That just doesn't make sense to me. I know in the Philippines we cannot leverage as well as we can here with this system. I'm sure its the same in India? Correct me if I'm wrong.

As for the housing bubble, it was bound to happen because banks were lending to people living beyond their means. That doesnt apply to us. Most immigrants are smart and don't buy a house unless they've done the math—even if the bank says we can afford it when we know we cannot.

Renting, in my opinion, is a stepping stone. You rent only when you are saving to buy a home. You CANNOT rent your whole life, that is just a waste and like I said before, not smart. But smart people stop renting early and pay off their homes by their late 40s. At least that is what I am aiming for. Renting out my properties allow me to do that.

With those rent/price ratio - it makes no sense indeed to rent.

If I may ask you for a huge favor - could you please PM me more details about where specifically in Queens you have those kind of rent/price ratios?

Since the market prices got so inflated - my experience is that the rent/price ratios are still wayy off historical trends. My impression (based on a few examples I have seen) is that in most of the situations - the rent would not cover the interest + property tax + maintenance, which would mean throwing away money if you buy.

If indeed there are rent to buy ratios like the ones you have mentioned - then renting would be foolishness.

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chanduv2303-24 10:55 AMA lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

Right now;

VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.

UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.

No one is taking on or poking at USCIS.

On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.

When we talk about good faith employment - it is the relationship that exists during the terms of employment.

While your analysis makes sense - we really never know what is happening behind the scenes.



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vallabhu04-07 02:00 PMSituation definitely requires some action from Congress, H1B program was introduced to help

American Corporates so they can hire best resources from all over the world where Americans

are not available, American Corps started taking undue advantage by hiring even if Citizens

were available just because they are getting H1's for lesser price, and showed this

miserable path to desi companies who abused it further.

If the current situation (with out this bill by just adding more h1's) continues not only US

economy will suffer (The number of available right people for any job will be less as hey

would be working for some desi company making 20$ an hour) even H1 aspirants will start

suffering upon Arrival to US and also those who live here will suffer from immense

competition (Just because of the reason that every job posting will be flooded with 1000's

of resumes and only lucky ones get picked you may be best but your resume has to be picked

for an interview call), as the number of jobs are lesser than people coming.


Unlimited H1 may be a solution but it is not practical, If the numbers are available then

desi companies won't bother to file so many applications without actual job, it makes

situation better for new H1's coming to US they will have a job instead to joining a desi

company and sitting on bench for long time(after quitting their job in India)

Coming to this Bill, Even if it is so threatening they have some good points to bring curbs

on H1 Employers who bring them here without actual job, People who are destined to come to

us will come for a better life.

IF Durbin wants to help US he has to make bill which is practical and should address how up

clean up existing mess, This bill is not practical and will definitely face lot of

opposition.

Unfortunately politicians in any country have to take decisions based on how it is going to

gain their party and in terms of votes and later how is it good for the Country, they will

have lot of pressure from various other factors which we don't understand and they don't

understand us.

Their decisions are based on the data they have available with provided by few agencies whom

they trust and closely work with, If they are taking a wrong decision that means either they

don't have complete data or not properly educated. as we are getting affected It becomes our

responsibility to provide them complete data and educate them totally of the situation, so

they make a correct decision and address the issue, and to do that in US affectively we will

need millions of $'s.

For bill to be more practical it should address 500,000 people who are living here for past

several years and who's kids are US Citizens and also own homes. And also American Companies

who are utilizing skills of these people.



If 500,000 contribute 20 $ each we will have 10 Million and we can make ammendments the way

we want it to be.

If 10000 members contribute 100 $ each we will have 1 million which is not bad but this not

practical either.


My final Cut even if this kind bill passes or another bill with more h1's passes we will be

in same situation, the best for us could be this kind of bill with more practicality.

So with our limited resources we will have to do what we can and give all our efforts (Call

your senators) and leave the rest to god.


I tried to mobilize couple of my friends, they are like "No, take it easy this will not

happen" if this is the attitude guys remember you have something in your hands today and if

the bill passes in its current form even if you want to contribute 5000$ to stay in this

country you will not be able to do that as all of us would be packing to go back.

more...


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hpandey09-26 09:59 AMAll this is going to happen in the very first year itself. Obama has already said CIR would be his priority for his first year. Dick Durbin and Obama will "reform" the EB system exactly the way you described below. In 2008 we have seen some eb friendly bills introduced by lofgren like visa recapture and exemption for STEM. Once Obama becomes president(which is almost a certainty) he will outsource the EB issues to Dick Durbin and he will make sure none of the EB friendly issues like visa recapture and exemption for STEM will happen. In addition obama and durbin will make our lives miserable with draconian restrictions on EB. We are alreday seeing USCIS denying AC21 485 (there is a seperate thread on this). If situation is like this now just imagine how horrible it would be with Obama and durbin.

Last time the CIR bill died because a lot of people are against granting amnesty to illegal immigrants ( both Republicans and democrats ) . The president alone ( read Obama ) cannot decide that he wants to pass this bill because remember last year Bush was strongly in favour of the CIR bill and even had a conference with Senate leaders to push it through but it failed . The politicians know that the American people don't like the bill but they have to show that they are concerned with solving the illegal immigrant issue. This CIR bill is only a political gimmick. It came into picture because of the upcoming elections and next year I am pretty sure with no more elections the interest would not be that much to get it passed ( although I am sure there will be a lot of people interested in getting it to the House and the Senate ).

As someone said before if they try to bring some anti - highly skilled workers bill then the big companies are sure to cry out loud ( Microsoft , Cisco , Oracle etc etc ) and the politicians don't listen to us but they will surely listen to them. They have got the clout to get themselves heard.



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bharol01-06 11:33 PMI don't know of any religion which touts killing on innocent people just because they don't believe in your ideology which for me is the biggest crime against humanity.

I know.



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gc_chahiye08-03 02:05 PM... going from consulting companies to "permanent jobs"; .... all of these things add a lot of complexities.

huh? another shocker (atleast for me): what is the issue with using AC21 to go from a consulting job to a permanent one? As long as title and duties say the same. If I am consulting at a client site, cant I use AC21 to join them fulltime 6 months down the line? My duties etc remain exactly the same.



485Mbe400109-30 03:01 PMHe had proposed a very harsh H1b revamp and a total revamp of the L1 visa system.
for example companies hiring H1 would have had to certify and attest that multiple american candidates were interviewed for the poisition. The prevailing wage had to be the highest of three measures (i forget which 3). Transfers were limited or restricted. On the other hand the Dream act simply gave citizenship to any illegal attending high school. The Senator talks about humane immigration and i agree to a certain extent but it should be humane for legals too.


Yes, you are right, the recent 485 denials for people using AC-21 have nothing to do with Obama/Durbin immigtaion policy. But I kind of remember there were some harsh provisions for people using AC 21 in CIR 2007 version. I am trying to find out the details about it.
Correct me if I am wrong.



Ramba08-05 01:50 PMOh my gosh..This much argument. I do not know the PD porting is law or rule. If it is law, one can not file suit against the amended law. But one can request the law maker to change. If it is a rule, one may do that. But it does not have any merit. It is waste of time.

PD porting, in theory, is very genuine. (may be not-genuine in many cases; just to cut-short the line or line jump by creating a EB2 job) So, one cannot challagne that. Here is why. A cook may have a PD 2001 in EB3. He has right to study PhD and apply in EB1 catagory, by poring PD. There is no violation of ehics here.