Thursday, June 30, 2011

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  • gimme_GC2006
    03-23 11:31 AM
    looks like your case have been picked up for random check.......Do you have US masters degree?

    No..I dont have a US masters degree.

    Also, yea..I understand that my case was picked up for random check..but they already picked up in Apr 2008 and sent it to NBC..and then in Aug 2007 they sent it to local office where I was interviewed..

    My PD was current in both Aug 07 and Sep 07 per bulletin..but during interview in Aug07,we realized that visa numbers were long gone (which was confirmed by DOS in sep)..that was the only reason we didnt get stamped that time..per..Interviewing officer..

    So not sure what this is now..also they wanted copy of Degree certificates?..comeon we sent those along with 485 application.. :D:D


    Anyway thanks to you and chandu for respoding :)




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  • unitednations
    03-25 01:15 PM
    Thanks UN. Gosh!! this thread is an autopsy of current affairs in EB immigration. Very good going, with what is now a misleading title.

    Do they have any filtering mechanism for lot of these fake future employer GC apps through sister/subsidiary or pay for GC companies. We have had few people come on these forums before or after approval of GC asking what happens if they never work for the sponsoring company.

    I personally know someone who got a GC in 2002 without ever working(not for sponsoring employer or even for some other company) and since never worked in the field they got GC. I bet that involved a lot of faking but slipped through every test.

    The number one thing USCIS does is look at how many petitions they have filed compared to number of people on payroll. If it is out of line then they start digging deeper. I have only seen them deny current persons ptition and not go after people who already have gotten greencard. Those iowa companies people have gottn greencard so we will have to wait and see what/if something will happen. I do know that uscis/ice/dol work at their own pace so there is significant time lag in their investigations.




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  • ItIsNotFunny
    12-23 12:03 PM
    Please quantify your response. There are numerous hindu groups that have worked for the upliftment of many. There are certain right wing hindu groups that do that just like there are many right wing muslims groups that target the other communities. As for Jinnah, I wonder if there would pakistan if he was offered the PM or the home minister. It is a rheotrical question and I doubt there is a clear answer.

    Hindus have pretty much killed the practice of Sati and I doubt there will ever be such abominable events. Atleast they looked at it and removed it and that is praise worthy. There is still work to be done with the caste sytem but it is slowly been taken down

    I agree with the Palestians point. I think that community is unfortunately the most beseiged and under one of the worst oppressors. Using religion to usurp their land and then making them prisoners in their own land in this age is unbelievable.

    Appreciate your modest views.




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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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  • smisachu
    12-28 08:48 PM
    India is nobody's fool. Will you take back inside your house, the trash you have trown out? India wins the war, destroys all terrorist camps, kills all the wanted terrorists on Indian files. Then India withdraws from pakistan leaving back pakistan in the hands of its current civilian heads. All India wants is to kill the terrorists, either Pakistan does it or We do it for you. India will be doing Pakistan a favor. So either you do it or we do it. Bottom like the terrorists need to be Killed.

    And as far as comparing us to President Bush, India has never lost a war yet because India never went to war with any one with out them provoking it. India always fights Justified wars and justice always wins.


    So Mr. Trained Reservist,
    Let's say the war is won in 15-20 days based on your expert knowledge, what is next? India occupies Pakistan? and acquires 160 million muslim population along with Talibans? You think that will end terrorism and riots in India?

    Oh BTW, there is another trained reservist in the history who claimed Iraq war would be won in two weeks. Do you know who he is? Hint: he became the worst president in the history of the US.




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  • vdixit
    03-26 03:15 PM
    I am still confused about the whole GC issue in buying and selling a home. Why is GC an issue in owing property or even taking overseas vacations? I have done both with absolutely no issues-caribbeans, europe, India. I have owned a home, and then decided to change jobs-move to a different city and sell my house. Heck I sold my house when I was on vacation in India. I did everything by phone and fax, and this is not some few years ago, this is 2 months ago.
    I totally agree with the fact that location and the condition of the house being the key factors. Maybe the fact that I have been here for a few years makes me resident alien for tax purposes helped me? I am not entirely sure.
    Folks mentioned that what if you lose your job, and have to leave the country etc. But like I mentioned a house can be sold from abroad. And if you have a GC and you lose ur job, how will you make mortgage payments etc. So some problems will stay the same.
    Any thoughts/comments on my dilema?
    Perhaps someone can elaborate on why GC is a factor?
    Cheers.



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  • chanduv23
    04-08 07:18 PM
    Look what really does not make sense about the "Consulting company" portion is that management consulting companies like BCG, Mckenzie or the Big 4 consulting firms have a business model where they "outsource" employees for projects to other companies. So, as it stands, these companies will not be able to hire anyone from top business schools. And we are not talking about desi consulting companies here (no pun intended).

    Again, this bill embodies the basic principle that displaces US workers do not want to understand:
    "What is good for the economy may not be good for an individual".

    And I say that because I have been myself displaces 2 times in my life, and every time, I have fallen (or stumbled), I have walked an extra mile to get a better life.

    I just feel sorry for people like me and many others who came to this country with a different mindset and now find themselves in the midst of the worst anti-immigrant clime that has existed in a long time.

    That said, I feel obligated to remind everyone - "Do yourself a favor and do everything within your means to make a meaningful change, self-help is the best help you will get"

    - Raj

    What about professional services? Like IBM global services, Oracle consulting etc.... all these companies thrive on after sales customization and support based on professional services contract and there are thousands of h1b visa holders doing professional services. It is also outsourcing of a employee to a client implementing their system. Look at SAP, Siebel consultants, they are outsourced at client places for years together to finish implementations and their work locations are changed based on client's needs from time to time in between jobs - this is again a huge pool of H1bs.
    I used to work fulltime for a company in their professional services group and travelled on the job to a lot of places. The company thrives on h1b resources for their high pressured jobs and they always bring in people from outside the country to do their jobs.

    I think outsourcing employees to a different location is a part and parcel of H1b, and this bill is nailing exactly on that. It is aimed solely to purge out H1bs from the country.

    So all said and done, we may now go down based on a racially motivated bill. I am not sure what it takes to educate the law makers, I would like to see the senior personnel at IV and more analysts to look into what can be done on this bill.




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  • unitednations
    07-09 10:55 AM
    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.

    Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.

    I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.



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  • sw33t
    09-28 01:03 AM
    Living in the US for approx. 8 yrs, I am mentally getting ready to move back to India. Just waiting to clear my debt and then move back. I came pretty close to buying a house in summer based on EB2 dates moving in Aug. and Sept. 08 but I am glad I didn't. Luckily, I am single and can take my own decision. If I had the opportunity to vote, I would vote John McCain.

    Don't want to elaborate more but I have put up a blog entry for those of you who want to read more -

    http://www.skappy.com

    I am also exploring HSMP - Tier 1 (UK) and probably at Singapore as well (want to move closer to the shores).

    I'll definitely apply for the European Blue Card once it is ratified by the EU member nations.




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  • hopefulgc
    08-07 12:57 PM
    Lion could go to Canada (Alberta anyone?). I hear they would atleast accept him as a Cheetah(canadian PR) or a mountain lion.
    Its a different thing that he would have absolutely nothing to hunt up there (read.. no jobs) and he will probably languish up in the snow competing with polar bears to score seals who are too lazy to move :D:D


    Now worst thing is that Lion can not change his job profile till he gets the green card. He will be forced to act like a monkey so that it matches with his monkey job profile mentioned in his PERM application. All he can hope for is to invoke AC21 after couple of years to join a new zoo, that too on a similar job profile. :D:D Gurus what are the Lion's options at this point of time?? :D:D:

    Irony is that if our Lion stays in USA on monkey visa for couple of years, and finally goes back to India, his Lion skills will be obsolete, and Indian zoo's will not entertain a Lion acting like a monkey. Our poor Lion is totally doomed. :D:D



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  • alisa
    04-07 03:52 PM
    Thats a very good question.

    I think we should call Senators Durbin and Grassley and ask them why they want to hurt American businesses (that provide employment to millions of Americans) by stifling and increasing the cost of innovation, and losing American trained/American educated employees to India/China?

    And so, why do they want to hurt American workers by encouraging outsourcing?


    The deeper question is why are Senator Durbin and Senator Grassley pushing so hard for outsourcing, which will be the final outcome of this bill. If American companies can't hire local H1-Bs they will go somewhere else. I am going to call their office after the Easter break and ask for their response.




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  • bkarnik
    08-05 05:45 PM
    We always hear "the rules" from the female side. Now here are the rules from the male side. These are our rules! Print this out and pass to your partner for a greater understanding:

    1. Learn to work the toilet seat. You're a big girl. If it's up, put it down. We need it up, you need it down. You don't hear us bitching about you leaving it down.

    2. Birthdays, Valentines, and Anniversaries are not quests to see if we can find the perfect present yet again!

    3. Sometimes we are not thinking about you. Live with it.

    4. Don't cut your hair. Ever. Long hair is always more attractive than short hair. One of the big reasons guys fear getting married is that married women always cut their hair, and by then you're stuck with her.

    5. Crying is blackmail.

    6. Ask for what you want. Let us be clear on this one: Subtle hints do not work! Strong hints do not work! Obvious hints do not work! Just say it!

    7. We don't remember dates. Mark birthdays and anniversaries on a calendar. Remind us frequently beforehand.

    8. Most guys own three pairs of shoes - tops. What makes you think we'd be any good at choosing which pair, out of thirty, would look good with your dress?

    9. Yes and No are perfectly acceptable answers to almost every question.

    10. Come to us with a problem only if you want help solving it. That's what we do. Sympathy is what your girlfriends are for.

    11. A headache that lasts for 17 months is a problem.See a doctor.

    12. Check your oil! Please.

    13. Anything we said 6 months ago is inadmissible in an argument. In fact, all comments become null and void after 7 days.

    14. If you think you're fat, you probably are. Don't ask us. We refuse to answer.

    15. If something we said can be interpreted two ways, and one of the ways makes you sad or angry, we meant the other one.

    16. You can either ask us to do something or tell us how you want it done. Not both. If you already know best how to do it, just do it yourself.

    17. Whenever possible, please say whatever you have to say during commercials.

    18. Christopher Columbus did not need directions, and neither do we.

    19. All men see in only 16 colors, like windows default settings. Peach, for example, is a fruit, not a colour. We have no idea what mauve is.

    20. If it itches, it will be scratched. We do that.

    21. We are not mind readers and we never will be. Our lack of mind-reading ability is not proof of how little we care about you.

    22. If we ask what is wrong and you say "nothing," we will act like nothing's wrong. We know you are lying,but it is just not worth the hassle.

    23. If you ask a question you don't want an answer to, expect an answer you don't want to hear.

    24. When we have to go somewhere, absolutely anything you wear is fine. Really.

    25. Don't ask us what we're thinking about unless you are prepared to discuss such topics as the shotgun formation, or monster trucks.

    26. You have enough clothes.

    27. You have too many shoes.

    28. No you really do have too many clothes and shoes.

    29. BEER is as exciting for us as handbags are for you.

    30. Thank you for reading this; Yes, I know, I have to sleep on the couch tonight, but did you know we really don't mind that, it's like camping.

    31. I'm in shape. ROUND is a shape.



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  • gimme_GC2006
    03-23 12:08 PM
    How did you verify if the call was really from Immigration services?

    well..thats good question..I couldnt..because calling number was Unavailable..

    Call came to my cell which is the number I put in 485 app.

    She was reading some information from my Biographic form..like my first employment dates etc..so I just assumed it to be legit calll...but I never know until I get an email..so far nothing..




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  • nojoke
    04-15 10:44 PM
    Ok Dude, I will try just one last time, nobody is advocating buying a house when the market is bad. The question someone asked was is it ok to buy a house when I485 is pending, and the answer given was if he has found a very good deal, in a very good location and considering his situation if it is affordable then I485 should not be a hindrance. People who were still on H1 have bought a house when the market was good and they are doing well now. Some people who got GC might have bought a house just before the market came crashing down and they were plain unlucky. I myself bought a small affordable home when I had just my labor stage cleared. If when I bought this house the market was like this, I would not have bought but would have waited. Period.

    And for those who become nostalgic. I myself was bought up in a small house, it had only two rooms, I repeat, the whole house had just two rooms, nothing else. We had to share a toilet with 3 other houses of similar size, was I happy then?, Of course I was happy, I used to play cricket and other sports on the street with other kids with vehicles passing by once in a while. Is the situation same here?. No, but do kids here have other ways of having fun, oh yes. It doesn’t matter if the kid is living in an apartment or a house, all that matters is if he is having fun. Somebody came up with a strange logic that our love for our kids will diminish if we buy a house. If you have bought a decent, affordable house your love will not diminish, it will only manifold.

    I am not against renting, nor against people living in an apartment, I myself have lived in apartments before. I am against people who only want to save for god knows what, for people who are afraid to take small risks (for ex: buying a small home and not a mansion) when the market becomes good, they will ask you to prepare for the worst case scenario. They will say don’t buy a house because the sky will fall or don’t buy because the world will come to an end. Nothing is permanent here, not the job, not the location. You just have to take calculated risks. You just cannot console yourself saying you are from middle class and cannot do a thing, lift yourself up. If you want to buy a house but you are not doing it now because the market is bad, then I am not against you, so don’t jump on me.

    Dude - Since you did not point out the danger of buying a house in this economy(you and some others said go ahead and buy), I am pointing it. I will continue to point to the risk.

    And you are back to the point "housing is better than renting". Everyone has their own reasons to rent out or buy. I am not making a blanket statement that renting is good or buying a house is good. Where as you keep making the argument that renting is bad and buying house is good. We don't know the situation what one is in. Their jobs may be shaky. You just cannot say they made a mistake by renting. And some don't think not owning a house is a big deal. "Lift yourself up:(? (do you attend NAR seminars?)" - that is your view. Google and you will see that there are many who think buying house means wasting time maintaining.



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  • unitednations
    08-02 12:03 PM
    Actually, USCIS does nothing with the Consulate copy of G-325 if applicant has been in the USA for more than one year. You can find this fact in the I-485 Adjudicator's manual.

    Possibly.

    However; there are many things that uscis asks for that they are hinging on the grayest of gray areas to get at other things.

    Examples:

    You don't need to submit tax returns with 485. However, they ask in RFE sometimes. Why do they do that?

    USCIS asks for photos of office in h-1b rfe's. There is nothing in the law/regulations stating they are supposed to ask for it.

    There is many examples where uscis/dos ask for things that are not required in the law/regulations. However; a lot of these types of evidence they ask for is for "intent", looking for inconsistencies, trying to look at the resonability of information...

    Long back when I used to just read memos/laws; it looked pretty straightforward. However; uscis uses the grayest of gray areas to their benefit, not your's.

    Department of state for every visa except h and L assume by default that a person has intention of immigrating. The onus is on us to show that we are not going to do that. Unfortunately, uscis is turning the same way in adjudicating of benefits. They seem to think that everyone is playing with the system and they in turn are becoming very difficult.




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  • sanju
    12-17 04:32 PM
    I told you guys.. This site name should. Now

    This guy seems seems to be an agent of some other site that wants us all to track fake data of others GCs, instead of working to eliminate the problem. Is thats why he is always putting labels on this forum?


    .



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  • Macaca
    03-06 09:02 PM
    Foriegn Labor Certification (http://www.foreignlaborcert.doleta.gov/pdf/OFLC_Report_v11_8-23-07.pdf) International Talent Helping meet Employer Demand | Performance Report: Mar 28 2005 - Sep 30 2006, Office of Foriegn Labor Certification, Employment and Training Administration, US Department of Labor
    Driving jobs and Innovation Offshore (http://www.nfap.com/pdf/071206study.pdf) The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007
    Programs Funded by the H-1B Visa Education and Training Fee, and Labor Market Conditions for Information Technology (IT) Workers (http://www.bibdaily.com/pdfs/CRS%20H1B%20fees%20Jan%202007.pdf), CRS Report for Congress, Updated January 23, 2007
    H- 1B PROFESSIONALS AND WAGES: SETTING THE RECORD STRAIGHT (http://www.nfap.net/researchactivities/articles/NFAPPolicyBriefH1BProfessionalsAndWages0306.pdf), NATIONAL FOUNDATION FOR AMERICAN POLICY, March 2006
    The Contribution of Legal Immigration to the Social Security System (http://www.aila.org/content/default.aspx?docid=12396) By Stuart Anderson | Executive Director, National Foundation for American Policy, Arlington, Va., February 2005
    From Brain Drain to Brain Circulation (http://people.ischool.berkeley.edu/~anno/Papers/scid-2005.pdf)Transnational Communities and Regional Upgrading in India and China By AnnaLee Saxenian
    Brain Circulation: How High-Skill Immigration Makes Everyone Better Off (http://people.ischool.berkeley.edu/~anno/Papers/brain-circulation-brookings-review-2002.pdf) By AnnaLee Saxenian | THE BROOKINGS REVIEW
    Winter 2002 Vol.20 No.1
    The International Mobility of Entrepreneurs and Regional Upgrading in India and China (http://people.ischool.berkeley.edu/~anno/Papers/International_Mobility_of_Entrepreneurs.pdf) By AnnaLee Saxenian, September 7, 2007
    Education, Entrepreneurship and Immigration (http://people.ischool.berkeley.edu/~anno/Papers/Americas_new_immigrant_entrepreneurs_II.pdf): America ’s New Immigrant Entrepreneurs , Part II By Vivek Wadhwa, Ben Rissing, AnnaLee Saxenian, Gary Gereffi
    America’s New Immigrant Entrepreneurs (http://people.ischool.berkeley.edu/~anno/Papers/Americas_new_immigrant_entrepreneurs_I.pdf) Part I
    The new Argonauts (http://people.ischool.berkeley.edu/~anno/Papers/IMF_World_Bank_paper.pdf)


    Review of Vulnerabilities and Potential Abuses of the L-1 Visa Program (http://www.dhs.gov/xoig/assets/katovrsght/OIG_06-22_Jan06.pdf), DEPARTMENT OF HOMELAND SECURITY, Office of Inspector General, OIG-06-22 January 2006




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  • zshakyaz
    03-25 11:43 PM
    ok..People its been more than 6 months since some adventure in my case :D

    OK..today morning I got a call from a lady voice saying she is from Immigration services..

    The call ended by the time I realized my senses..here is the short story

    Immig: We are verifying your details and need from information to process
    Me: sure.

    Immig: WHo do you work for
    Me: Blah Blah employer

    Immig : Where do you work and who is your client
    Me: Blah Blah

    Immig: When did you first came to US. Where is Port of entry..
    Me: blah blah

    Immig: Do you have all of your IT contracts details.
    Me: COntracts? Since they are property of my employer..I dont have.

    Immig: We need to see your contracts with the clients..
    Me: hmm...I can try but I dont know if I can get them

    Immig: Well...It will help process your application..How fast we can process depends on how fast you can get those..
    Me: OK..I will try..

    Immig: Give me your email..I will drop in email with all info..you can reply back with copy of contracts
    Me: Ok..blah..blah email

    Immig: I need All phone numbers and all supervisors of all clients you worked with in US
    Me: I gave all of the details..told her that I cannot vouch for the validity of phone numbers or emails, as I dont know if they work for the same company

    Immig: Ok..done..I will send email..
    Me: thank you


    I this power play, I forgot to tell her that I already went through interview in aug08 and officer found everything correct. :confused:
    Nevertheles..does anyone know what this is all about?
    Why would they need this kind of information..I am not worried as such since I was never on bench or anything and have all LCAs all blah blah details.

    Just curious :confused::confused:

    (:this is all true regarding Immigration Services calling then)
    Hey guys I also got a call from Immigration Services today on March 25 2009 .
    this is what happened
    First he started confiming he was talking to the right person
    And told My g-28 hasn't been properly signed and completed.
    Caller didn't ask me for my personal i nformation
    he confirmed my name, dob ,my last entry . address, wifes name address dob
    my parents name , my in laws name. He even told g28 it was signed by my HR manager.
    He had all the information, he didn't ask for any personal information.
    He asked if there was any other names used.
    He joked about me not smiling on the picture, he confirmed when the finger prints were completed
    After about 10 minutes of conversation he congratualed me on the approval and my wifes approval said the card should be mailed from kentucky with a week and even mentioned that USCIS online system isn't working.

    I am taking infopass tommorrow and confirming and if true I am going have it stamped

    I hope this is all true.




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  • unitednations
    03-26 08:41 PM
    So then lets take an example

    1. Company Files H1b from NJ
    2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
    3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
    4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?

    According to you anything is possible with USCIS these days.

    My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..

    -cheers
    kris

    Every time you amend the petition; it technically would be another h-1b; when you come up for extension (assuming when you amend the petitoin that you are not requesting for more time); you would be extending the latest h-1b that has been approved. You would have been complying with the terms and conditions of that particular h-1b so you shouldn't have any issues.

    California service center when adjudicating person B's H-1b asks for payroll reports of all employees. They will cross reference the h-1b's filed for other employees from the list and if they see even one person who has been paid lower then what their h-1b was filed for then they will deny person b's h-1b. California service center is relying on a case precedent that if a petitioner has not complied with a previous petition (even if it is a different persons petition) then they can't rely on their certification in the instant petition and deny it. Funny thing is that when I looked up that case precedent that they continually site; it is a marriage base case when a person tried to file a second petition. Another example of uscis doing what it wants to do.

    Now; I think everyone will start to understand why so many companies are cancelling h-1b's; revoking h-1b's for people on bench and generally not filing many h-1b's in this year quota or filing h-1b transfers for people without projects. I wans't too vocal when some members on the forums were trying to gather support for lifting country quotas; contacting media; etc., because I was well aware of what was going on behind the scenes and we are definitely in a defensive mode right now.




    cinqsit
    03-26 06:25 PM
    Alas cannot upload an attachment either ..




    nojoke
    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".



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