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  • unitednations
    08-09 01:38 PM
    UN,

    Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?

    Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.

    My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?

    This has been written about to many times. You need to research this on immigration.com.

    As I said in the law while 485 is pending you do not have to do anything; you can do something totally irrelevant to what your employment is going to be upon greencard approval.

    However; uscis starts digging into intent. I wasn't porting to self employment. I was porting to a different company upon greencard approval.

    they were going to try to assess that if I was making too much money then how would i take another job with lower salary.

    I personally don't agree with porting to self employment upon greencard approval (many have but we'll see if they should tighten it up). If you are a one person company; then how can the job be same/similar. You would have been doing the finance, marketing and the software engineer work. That in itself wouldn't make it a same/similar job.

    My labor wasn't broad. if they were looking at same/similar; it would have been impossible for me to meet it. The position I had and the job duties were probably only available in maybe less then 25 companies. (one of the job duties was administering offshore investment companies).

    Now; keep in mind; greencard meant absolutely nothing to me. I got into this because of what happened to my 140 and i took it as a challenge from uscis.





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  • pd_recapturing
    08-05 10:55 AM
    Rolling_Flood, great idea to benefit just U'r own GC cause. If you are positive about U'r logic why don't you go ahead and file a lawsuit. Looks like your true intention of creating this thread is to create a divide among IV members. Already members had a tough few weeks (in terms of unity) after the Aug bulletin. Now you are poking another rift.

    The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??


    If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example

    Senior Programmer (say Bachelor's with 5 yrs exp)

    Files under EB1 : because he/she came L1, qualification might be few yrs exp.
    Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
    Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).

    The above example shows that if U'r company and attorney is smart U can get U'r GC faster.

    If you are keen on doing a lawsuit why not
    File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
    Or file one against DOL for taking n number of years to get the LC done.
    Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.
    Man, you hit the nail on the head !!! Thats precise the point, I was trying to say in my last post (somewhere on page 1) ... The whole eb2/eb3 qualification, job requirements etc can be rigged easily by employer/lawyers ...There is no black and white in this game ..





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  • bajrangbali
    06-21 08:48 PM
    When it comes down to both GC & MTR denial...all is not lost as long as you have not put a lot of money down on the house. You could get back your 5% down payment worth in abt an year and after that mortgage would be the same as rent you would be paying living in an apt. Assumption here is, your mortgage is close to rent payment. If you have to leave, then just leave without the burden of having lot of money invested in the house. If you are still thinking abt 5%..just max out all your cards and have a blast :cool::cool:





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

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

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



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  • AGC4ME
    04-07 07:24 PM
    But congress needs to find some solution for H1b mess like applying 150k H1b in one day. If no alternative solution is suggested some part/all part of this bill may be considered. US companies will not be impacted as they are not h1b dependent and they are hiring more than 50% US workers so they may not oppose that much. If Microsoft lobby for 200k H1b but still if they could not get any h1b why will they lobby it? American companies will either ask unlimited H1b or restrictions for bodyshopping so that everyone will get fair share of H1b. Lottery is shame as many deserving candidates will be rejected but many lower grade people may enter there is no merrit in selection of H1b. If IV is opposing this they need to give some solution for H1b mess. Otherwise no point. Also the bill was introduced by both Democrat and Republican. So Whether it is passed or not it is going to be considered

    And with a posting like this u think you are higher grade....





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  • thatwillbeit
    10-03 12:36 PM
    Excellent post dtekkedil

    You reiterate exactly what I have in my mind



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  • xyzgc
    02-12 10:31 PM
    its all forgotten now, just wait for a bright tomorrow.:D





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  • Gravitation
    03-25 04:27 PM
    Nobody said it is easy mate. If you are paranoid and want to be safe and prepare for the worst case (like getting fired or your 485 getting rejected) then don’t buy a house. It is a long haul and no one knows when his/her PD would become current. By the time one gets GC, the kids would have grown up and missed their childhood. Read my previous 3 posts. My suggestion was for the person who started this thread and for his situation only. I know each and every person’s situation is different. Like I said if I was in CA, probably I would be renting too.
    You're absolutely correct. It depends a lot on one's personal risk profile. I believe in taking calculated risks. So I find myself shaking heads when I read the posts that only consider worst-case scenarios and describe a house as golden-trap. Again, they probably have a valid PoV; just a very very different risk profile from me.



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  • Macaca
    01-20 10:11 AM
    Could Congress Be Waking Up? (http://www.nytimes.com/2008/01/19/opinion/19mann.html?em&ex=1200978000&en=42615f161ac4daf2&ei=5087%0A) By THOMAS E. MANN, MOLLY REYNOLDS and NIGEL HOLMES | NY Times, Jan 19

    AMID the clamor of the presidential campaign, it�s sometimes easy to forget that all 435 House seats and 35 of the Senate�s seats are up for election this year, too. So how should Congress under its new Democratic leadership be judged?

    The public has reached a decidedly negative conclusion, based on Congress�s inability to force a change in policy on the Iraq war and the pitched partisan battles that characterized much of the year in Washington.

    But expectations for seismic change in policymaking after the 2006 midterm elections were almost certainly too high, given the deep ideological differences between the parties, the Democrats� narrow majorities, the now-routine Senate filibusters and a Republican president determined to go his own way on Iraq, the budget and domestic policy.

    Based on our research, the 110th Congress does deserve some praise. In 2007, the level of energy and activity on Capitol Hill picked up markedly. This is not surprising � when the Newt Gingrich Congress, its closest analogue, took over in 1995, the pace of legislative life sped up, too.

    In terms of both the number and significance of new public laws, however, last year�s Democratic majority significantly outperformed that Republican Congress. Only one item described in the Republican Contract With America was signed into law at the end of 1995, while most of the proposals the Democrats announced as their agenda were enacted.

    Democrats, to be sure, aimed lower in their specific legislative promises, but they managed to overcome the many obstacles in their way. Republicans in 1995 shot for the moon and ended up frustrated by Senate inaction, presidential vetoes and a government shutdown that proved politically damaging.

    The new Democratic Congress delivered on the promise of ethics and lobbying reform, and made considerable progress in reining in earmarks, which had exploded under the previous 12 years of mostly Republican rule. In fact, between the 2006 and 2008 fiscal years, the cost of appropriations earmarks appears to have dropped from $29 billion to $14.1 billion. Perhaps most important, Congress reasserted itself as a rightful check on the executive branch, significantly stepping up its oversight on a wide range of important subjects.

    But a less partisan, more deliberative and productive legislative process will have to await a clearer signal from voters in the 2008 elections.

    The chart below shows how the 110th Congress spent its time, and what it accomplished, in its first year under Democratic control, compared with its immediate predecessor and with the Republican Congress that took office in 1995.





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  • desi485
    08-06 01:36 AM
    We should stop these EB3'ers from wasting USCIS resources. Probably make them wear yellow stars with "EB3" printed on it at all times. They should not be hired by any company unless they have hired EB2's with excellent credentials like rolling flood. No EB3 should buy a car, house or lead a normal life at the cost of hurting EB2's like yourself.

    What kind of a sick immigration nazi are you ? Typical shallow minded mentality - "please please...(beg, beg) let me in but - stop everyone else from getting in (as soon as I am in)" ;-)

    Instead of wasting your time filing a lawsuit why don't you apply your "excellent knowledge in your field" to get a Ph.D from your reputed alma mater do extraordinary research in your "great" field and then cut in line by applying for EB1 which I think will always be current. Then you can port your EB2 PD and enjoy the fruits of PD porting ;-)


    cinqsit

    well said brother. I am EB2, but I am ready to wear red black stars to protest the ppl like Rolling Blood (flood).



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  • 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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  • ssa
    07-14 08:00 PM
    That's exactly what I was wondering about! Did anybody get a rejection letter from *DOL* advising them to apply in EB3 instead? It's hard for me to believe DOL was ever that helpful!

    And if they did not hear it from DOL and did this on their attorney's/employer's advise sending out this letter may spell trouble for the sender. You are basically sending out a signed letter stating that you tried to get labor approved for one category, failed and then applied in a lower category for exactly same job to work your way around the rejection. I'm not sure on how solid legal ground we will be if this be the case. Job requirements are supposed to be what they are and not what is "approvable". Remember recent Fragomen audit?

    Now before labeling this as yet another FUD from EB2 please understand that I'm not saying that you should or shouldn't send out the letter. Just that we should consult someone qualified in immigration law to make sure we are not inviting more troubles than what we are already in.

    pani,

    This is what you have in the draft letter.

    "Let me take you back to the situation in 2001-2003 when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from Top US universities) our green card labors applications were sent back from DOL saying that the economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 NON- RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years."

    Do you have any evidence/reference to back this up?



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  • nc14
    03-22 12:43 PM
    My PD is May 2004 in the same category. I think you should have also got your EAD (which gives the safety net). I bought my house in September last year and got a hefty discount from the builder (State - OH). I think, its a buyers market, if you have some stability at your job and if you also have the EAD than it is time to take the plunge.

    No doubt, It's a good time to buy (but also depends on where you are located). FYI, I bought a new house in a community which was getting completed and got if for a good price. The good thing about something like this is that since the community is over now, the builder is not competing with the existing home owners for the same buyer.


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    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.





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  • akred
    06-25 03:51 PM
    2. Bubble began forming around 2000 to 2002 depending on the area.

    Small correction here. Nationwide, the last bottom was around 1991 and prices began to rise everywhere in 1996. When I bought my first home in 2001, I remember wondering if it was the wrong time to buy since prices had already been rising for 5 years and had been rising for closer to 10 years where I was buying.



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  • new_horizon
    01-06 02:49 PM
    Israel is fully justified in responding to the rocket attacks from Gaza. How long can they show restraint by not responding to the unprovoked attacks. Do you think US will remain silent, if Canada were to lob rockets into US. Asbolutely not. Every country has the right to protect itself.
    Hamas is such a coward orgn that they hide behind school, mosque, hospitals to shoot their rockets, so they really are luring israel to bomb those areas. Unfortunately innocents die...the blame should be on hamas. In fact, before bombing Israel even goes to the extent of calling and texting people in the target area to warn them before bombing. which country at war you know does that. Inspite of all these the biased media portrays Israel as the evil one. time to think. if only india shows some courage like that.





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  • greencardfever2007
    04-16 12:30 PM
    http://www.economonkey.com/2008/04/14/sirs/

    I am writing to enquire whether you have any vacancies on your strategic board for someone of my talents. I realise that it is a little unorthodox to apply �on spec� for such a high-ranking position within your organisation, but I believe I have the necessary skills to further increase the profits and assets of Big Bank Plc. In this letter I will attempt to demonstrate my knowledge of the challenges and opportunities in our marketplace.

    1) Who are our customers?

    I understand that our most lucrative customers are those with the least awareness of financial matters; indeed, the less numerate they are, the better. Rather like the dear old PM, in fact.

    If they don�t know the difference between APR and AER, if they fail to read the small print in their credit contracts - not that it matters, as I�m sure I have the necessary legal skills to make such text impenetrable - and if their limited attention is grabbed by an �introductory� rate, then they are exactly the kind of people we need to target.

    I think that if we closely follow that other highly successful model of commerce - drug dealing - we won�t go far wrong in attracting and retaining the right customer base.

    2) How do we get people to take on more debt?

    I�ve been thinking about this, since we need people to be in debt so that they pay us lots of interest. I believe the best way is to start with an asset class that everybody needs and arrange for its price to increase by far more than the general inflation rate. Then the people who want to buy the new, over-priced assets will have to take on far more debt than would otherwise have been the case.

    Of course, the people who bought the assets prior to the excessive price inflation wouldn�t be in debt, but I think we can get around that by encouraging them to take on larger loans for, say, holidays, new TVs, big cars, that sort of thing (maybe even encouraging them to buy more assets to loan to other people?), all while securing them against the now-increased �value� of their asset. We could describe these loans as �Asset Equity Release� or something; it sounds so much more friendly than �Borrowing a Lot of Money.�

    Ultimately this would mean that everyone is in far greater debt, paying us far more money, for exactly the same asset! Genius, eh?

    Oh. Hang on. That�s already been done with houses, hasn�t it?

    3) Social conscience.

    Every responsible company should have a social conscience, and Big Bank Plc is no different. We need to be in tune with the society in which we operate, sharing the values of our customers.

    Luckily that�s not too difficult; our customers are greedy and so are we! They want lots of money, right now. We want lots of money, but we can wait (that old �deferred gratification� thing).

    So we simply sell them the money to fulfil their greedy dreams, and they sign up for a lifetime of debt slavery to fulfil ours. Everyone�s a winner!

    4) Get-out.

    I have noticed that some of our customers have been attempting to escape from their obligations through IVAs, bankruptcy and so on. This really won�t do. Luckily we have a role model to follow here; America. The banking industry there successfully lobbied Congress to make it almost impossible to escape from credit card debt, even in bankruptcy.

    There�s much work to be done in the UK by comparison, but we�re getting there. Escape from student loan debt is almost impossible and an IVA won�t release people from mortgage debt. There�s still credit card debt, but at least we can now secure that on property (I love that one; we sell an unsecured loan at punitive rates, then secure it! They�d have been better off just getting a secured loan! How stupid are these people?).

    So, there�s just the problem of escape through bankruptcy, but I think we can work on that. Friends in government, nudge nudge, wink wink. Give me time�

    5) Our friends at Westminster.

    Speaking of government, I think our special relationship is going rather well, don�t you? They want a population that feels wealthy even though it isn�t (see number 2 above), that is unlikely to cause trouble (who can afford to go on strike when you have huge debts to service?) and that isn�t educated enough to understand what�s being done to them (have you seen the latest exam results?).

    Those are our goals too; it�s a marriage made in heaven. And if they want to rack up even more debt on the population�s behalf, we�re only too happy to oblige.

    We do need to be more careful at times, though. Our so-called competitor�s �employment� of that ex-Prime Minister so soon after leaving office was rather rubbing people�s faces in it, don�t you think? A few of the less stupid ones might start to put two and two together.

    6) Media

    Can we keep the mainstream and financial media �on-side�, thus keeping the population distracted by pointless celebrity gossip, �reality� TV programmes (oh, the irony), diversionary economic scare stories and back-to-back shows extolling the virtues of never-ending asset inflation (and with it, never ending debt)?

    Of course we can - we own most of them! And the government owns much of the rest. Anyway, people actually seem to want this stuff. Bread and circuses, I suppose.

    7) What happens if we run out of money?

    See number 5. There are plenty of options if we ever run into difficulties - direct government �loans� (rolled over ad infinitum), dropping the base rate below real inflation while raising lending rates, etc. - but they all boil down to one thing: take money from the tax-payer while using inflation to mask the theft. With a bit of luck we can even get the public to demand this action for us, with the help of the media.

    And anyway, we�re not actually lending real money, are we? It�s created from nothing at the point at which the loan is granted. So what do we have to lose?

    I look forward to your reply.

    Yours faithfully,

    Mr Wanabe A Banker



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  • psam
    07-13 05:57 PM
    I have seen these arguments too many times. I have seen STEM vs non-STEM argue over fairness. Maths vs MBA. Now its EB-3 vs EB-2.
    At a high level, we all are for skill based legal immigration. Lets work towards that broader goal.





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  • logiclife
    06-01 01:19 PM
    Its also MSNBC. Just look at Tucker Carlson and Joe Scarborough.

    If you hear Tucker Carlson on MSNBC, he sounds like the protege of Jeff Sessions.

    However, one difference between Tucker Carlson and Lou Dobbs. Tucker supports(or atleast pretends to support) the legal variety.

    Lou Dobbs openly opposes all immigration.





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  • gapala
    12-24 08:54 AM
    Well said Sanju.

    These are those age old arguments that they lay down to justify evil acts. its rediculous





    unseenguy
    06-24 11:51 PM
    Why are be debating 3 - 4 years rent vs own? As the subject indicates "long" term prospects of buying a home..we of all the ppl should know the meaning of the word "long" based on our "long" wait for PD (which I think should be renamed to retrogress date because I see nothing priority about it)..the point being lets debate 10 years rent vs own..as against 3-4...I think over a 10 year timeline the buyers would come out ahead of the renters..maybe not in CA but in other states that's quite likely..

    coz, next 3-4 years make it special due to immigration status and special status of the economy and you can plan for 5-7 years but whats going to happen after that is beyond anyone.





    mariner5555
    04-14 03:09 PM
    You will never learn. Anyways, if you read my earlier posts you would know that I have said that people who most people who live in apartments would be having valid reasons. I have also said that if I were in CA. I would be living in an apartment too. I am never against renting or living in an apartment, but I am against renting when it makes perfect sense to buy and when the time is right (which of course is NOT NOW).

    My counter arguments are for people who were scaring people into not buying a house when things are conducive for them. Note, when I say conducive it means all things considered as in the time is right, they have a good job, have found a very good deal in a location having a very good school and they have found something which has an extra room when their elderly parents visit them.
    I can say the same about you. let me clarify too ..and let me stop this since I (and I guess you) have better things to do
    my arguments were for people who are being pressurised to buy as if in 3 months prices will go sky high. or for those who are saying that owning a (big)house = better life ..(both are incorrect from a different angle ..so look for your own angle ..for eg you need space ..(u get space but maintenance is more).
    if you have atleast a GC, good savings / or super pay, find a good deal (good location with less commute time) and you need the space ..then buy a house.
    there is an excess of supply and v.low demand (compared to past) ..so if you can wait for some time to get a correct place then wait (and maybe keep looking / doing research etc) ..the worst thing you can do on a EAD (and in uncertain times) is rush and buy just because somebody told you to do that. the bottom line is ..this was a massive massive bubble ..something that has never occured on this scale ..and housing will be down for a long long time ..so it makes sense to wait for a GC atleast.



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