Thursday, July 7, 2011

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  • mhathi
    09-26 10:01 AM
    Here's something from his website. I am not one hundred percent sure of what he will do but I do remember him talking about increasing EB GCs early on in his presidency bid.

    "Improve Our Immigration System

    Obama and Biden believe we must fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill. "

    I agree, Durbin will push for H1B restrictions and that is bad, but I think EB GCs may be safe according the the above.





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  • BharatPremi
    03-28 03:55 PM
    Thanks for explaining the terms. You can go over 80% on the first loan but the lender will ask for PMI (Private Mortgage Insurance). Which is around 1% of the loan. To skirt around it, mortgage brokers break up the loan into first and second(80%+10%+10% down). This avoids the PMI and helps the buyer qualify for a bigger loan/house. Also PMI premiums are not tax-deductible.

    correct.





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  • quot;Scott Walker: 30 Century Manquot;



  • Ramba
    08-05 01:50 PM
    Oh 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.





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  • to try (Scott Walker,



  • lfwf
    08-05 07:12 PM
    Good points below.

    Now, FreshEb2, through the handle itself, comes across as a stoker not a sensible person.

    EB2 and EB3 are two very different EMPLOYMENT BASED legal immigration categories. Filing in one category DOES NOT PRECLUDE one from filing in another category, for another *future* job, as long the *future* jobs themselves meet the criteria to qualify for that EB category.

    Coming to tihnk of, the coward parading as RollingFlood has not posted his/her company, EB job posting, and other pieces of information that I had challenged him/her to post. Seriously you coward, come out and post it... this community can help validate whether there really is no US worker to take that position. Now, dont chicken out and fillibuster this with more weak arguments. Post your glorified EB2 job posting for all of us to see ... and let us see if you have illegally gotten ahead in the line ahead of all those hardworking US citizens that have been laid off in the last 2 quarters across all major sectors. C'mon, do it ... do it...

    Also, somewhere you had said that you were an MBA from a top US university. Welcome to the club. Though, I am sad to share the boat with you! Now, look back at the essay you wrote to get into B-School. Are you doing exactly what you claimed you would do after the MBA? Shall we take that up and go back to the school to have them rescind your diploma because you misused the system? One can say you got into an MBA on a fundamentally false premise. So, give back that diploma.

    Also, did you come into the country on a F1 visa? What did you tell the visa officer? That you were going back to your home country, right? Didnt you need to show proof of ties to your home country. Can we take you to court stating that you committed a felony by lying to a Government official regarding matters of homeland security? Seriously. Why not?

    No amount trying to sub-optimize logic to fit your specific narrow needs will make your holier-than-thou arguments even remotely credible, let alone valid in a court of law. What is clear from this 10 page thread, is that we have a few folks like FreshEB2, RollingFlood etc that present themselves as 'high skilled' workers in the US immigration system but clearly lack the basic level of logic to have a factual conversation. Their ladders of inferences are stark and substantive.

    By sub-optimally picking 'argument points' based the 'weakest links' that you invent and trying to super-size that to reflect a larger interest is very weak attempt to preserve your position.

    Go ahead, file a lawsuit. Tell us which case will be hearing it and give us the case number. I WILL PERSONALLY MAKE SURE THAT THE JUDGE ASKS FOR YOUR IMMIGRATION FILE AND CONDUCT A PRIMA FACIE INQUIRY INTO THE BASIS OF YOUR PRIMARY PETITION, INCLUDING ALL ASPECTS LIKE ADVERTISEMENT, NUMBER OF RESUMES RECEIVED, etc.. I WILL FILE A PETITION WITH THE JUDGE TO HAVE ANOTHER ADVERTISEMENT POSTED, THIS TIME, WITH RESPONSES TO BE EXAMINED BY THE JUDGE and NOT YOUR FAVORITE IMMIGRATION ATTORNEY. SERIOUSLY. BRING IT ON. WE SHOULD RESPOND TO YOU IN COURT. WHETHER CIVIL OR IMMIGRATION.

    You had also mentioned that you would be filing a 'public interest litigation'. That is a very Indian concept. PIL type cases work differently in the US. You dont just run to your local court and claim 'PIL' because you felt wronged. Any court in the US would deem your case as narrowly defined to challenge legislation and throw you out because judiciary cannot legislate.

    Obviously, you grossly underestimated the intellect of this group and thought your big words and b-board bravado would scare people. :D



    OP is long gone. Your post is full of big brave words and no substance. If you want to have a discussion and demonstrate your "intellect", please make some rational arguments and back them up. There is no lawsuit discussion here, just a debate on the merits of BS+5 PD porting



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  • GCOP
    08-05 01:57 PM
    Friends,
    There is no reason for us to create dispute among ourselves . Let us all work with unanimity, and take constructive steps to succeed for Visa Recapture Bill.





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  • Watch amazing Scott Walker doc



  • xyzgc
    12-26 01:04 PM
    India is already at war with the terrorist state of Pakistan! Just that we never realize it and try to talk about peace all the time...you can see what Pakis have done to curb terrorism! Are the peace talks working? Did they ever work?

    Mark my words, there are going to many more attacks in the future, disrupting Indian business and economy...killing innocent civilians...is that anything short of a war?

    If India leaders don't take any concrete steps to put a lid on this, they are the greatest fools on this planet.



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  • mpadapa
    09-26 11:07 AM
    Sen. Obama's proposals to invest heavily in alternative energy will spur a lot of innovation and high-skilled immigrants can be a great part of that initiative. I would rather see piece meal approach like recapture, STEM, etc rather than the CIR, but will Sen Durbin let it happen?? If CIR 2007 is brought back then EB backlogs will further increase, remember the back logs created by the 245i applicants (in 2000) we are still recovering from that. High-skilled immigrants can only be benefited by bills like recapture, STEM, country quota removal, etc.





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  • unseenguy
    06-12 12:50 AM
    I am in SF Bay area.
    I would say WAIT and prices will become affordable here as well.

    People who bought these 700K+ houses were not necessarily richer than you and me.
    ARMs with low or zero down payments did the trick.

    Save for the down payment and wait. You will get a good house at affordable price in 1-2 years.

    California is going to be bankrupt soon. It is no longer a good place to live



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  • Cap Times: A bill was quietly



  • Macaca
    05-01 05:49 PM
    The New Virtual Political System (http://www.cfr.org/china/china-new-virtual-political-system/p24805) By Elizabeth C. Economy and Jared Mondschein | Council on Foreign Relations

    As uprisings spread throughout the Middle East during the early months of 2011, a small band of Chinese citizens and expatriates began to call for their own Jasmine Revolution. Like their African and Middle Eastern counterparts, these activists used the Internet to urge people to gather in support of political change. However, unlike in Tunisia, Egypt, or Libya, security forces in China quickly locked down the proposed demonstration sites and arrested anyone thought to be a potential source of unrest. The demonstrations proved ephemeral, with many more police than protesters. It was a massive deployment of China�s public security forces that signaled not only the power of the country�s security apparatus but also the enormous insecurity of the country�s leaders and their concern about the organizing power of the Internet.

    While the Internet may not have produced a revolution in China�s political system, it most certainly is producing an evolution. The Internet has become a virtual political system, providing an almost unprecedented level of transparency, rule of law, and official accountability. With over 450 million Chinese Internet users�and the number is increasing daily�information crosses gender, age, professional, and provincial boundaries in ways that Beijing often considers threatening. News of government corruption and cover-ups go viral in a matter of minutes, forcing the government to think quickly and flexibly and react decisively�not traditionally strengths of China�s political system.

    Netizens Demand Change

    What do the Chinese people want? Nothing unusual. They want their concerns heard and addressed. Chinese nationalists, for example, often rally support for their causes via the Internet. Anti-Japanese sentiment, in particular, has been a recurring theme among online Chinese nationalists. Periodically, Chinese nationalists have taken to the Internet and the street�often in very large numbers�to protest historical inaccuracies in Japanese textbooks and to call for retribution. Nationalists have also initiated anti-Japanese protests after recent territorial disputes in the South China Sea, perhaps encouraging the government to adopt a tougher stance in its negotiations with Japan.

    Yet online activism in China is the domain not only of the nationalist but also of the political reformer. Much of what transpires on the Web in China is bringing transparency to the political system. In late 2010, Chinese netizens contradicted official reports by covering a significant environmental disaster in Jilin province, where thousands of barrels of pollutants were dumped into a water source by a local chemical plant. In the ten days that it took Chinese officials to admit to the disaster, thousands of citizens were informed of the cover-up via the Internet. They responded by purchasing a massive amount of bottled water and angrily denouncing the government�s inaction. It was only after citizens refused to believe the official stories that the government finally acknowledged the disaster and handed out free bottles of water to those in the afflicted areas. Similarly, a year earlier in Guangzhou, online transparency had caused a reversal in local government policy. Middle-class-led protests over a planned incinerator were picked up by young online netizens, who then spread the news through social media websites. Even though the activists, themselves, were not affected by the plans, they wanted the word to get out. Once enough citizens became involved, the government agreed to halt the project until a full environmental assessment was completed.1

    The Internet has also become a means of holding officials accountable. In a now-famous case, in October 2010, Li Qiming, the son of a local deputy police chief. Li Gang, ran over two Hebei University students in his car while drunk�fatally injuring one and breaking the other�s leg. As he tried to escape the scene, he yelled out, �Sue me if you dare. My father is Li Gang!� Communist officials attempted to suppress information about the event but failed, as netizens from all over the country latched onto Li Qiming�s threat. Despite official reports alleging that the victim�s families were content with the government�s handling of the situation and with public apologies from both father and son, the online activists demanded (and got) more: Li Qiming was sentenced to six years in prison, his family was forced to pay over $70,000 to the families of the two students, and much of China�s online population has adopted the phrase �My father is Li Gang� as a shorthand for the widely held belief that the powerful and politically connected do not have to face the consequences of their actions.

    In this way, online activism can also promote a form of the rule of law�albeit one that often resembles vigilante justice. During the summer of 2010, for example, Chinese reporter Qiu Ziming was forced into hiding after police placed him on a wanted list for writing critical stories about a local business. Qiu took his case to his blog, and a poll on Chinese website Sina.com recorded that of the more than thirty thousand people polled, 86 percent opposed the police pursuit of Qiu.2 Bowing to public pressure, the government rescinded the order of arrest and ordered the police to apologize to the reporter.

    Microblogs such as Twitter and Weibo, despite being heavily censored or even blocked, have become particularly politicized Internet venues, especially among middle-class urban youth. According to the popular netizen Michael Anti, microblogs are the most important political organizing force in China today. Anti notes that through Twitter, over 1.4 million yuan were raised for the Open Constitution Initiative (Gongmeng), an NGO of rights defense lawyers. He also points to the uncensored discussion held between the Dalai Lama and Chinese citizens in May 2010 as an example of the political influence that Twitter can exert. According to Anti, the people who participated stopped referring to the Dalai Lama as Dalai and now call him by the more respectful Dalai Lama.3 With over 120 million microblogs in China, censors haven�t yet discovered a viable long-term response and are generally reduced to attempting stop-gap measures to block certain news from going viral.4

    The Party�s Response: Nailing Tofu to the Wall

    Despite the inherent challenge of �trying to nail Jell-O to the wall,� as former president Bill Clinton once characterized China�s attempts to regulate cyberspace, China�s leaders are committed to controlling this evolving virtual political system. While they see the advantage of the Internet as a medium for better understanding the views of the Chinese people, their overwhelming objective is to prevent the Internet from contributing to a broad-based call for political change. To this end, Beijing has deployed both Internet police to monitor traffic and insert government opinion and the full range of technical solutions to shut down websites or blogs that the party views as particularly destabilizing.

    Beijing has also sought to use the Internet to engage with the populace as a transmission vehicle from the party to the people. In what is now commonly referred to as �AstroTurf advocacy,� Internet police often add favorable opinions of the government to various social media websites under the guise of grassroots support by anonymous citizens. The party has also had its top leaders participate in Internet chats in a bid to show its engagement with the growing online community. Both President Hu Jintao and Premier Wen Jiabao have engaged in online chats, with the latter receiving almost ninety thousand questions from a massive online audience in only two hours. However, efforts to make such Internet engagement a permanent feature of Beijing�s interaction with the Chinese people have faltered in the face of often politically sensitive questions from the Internet public.

    For China�s leaders, who are already confronting over one hundred thousand protests annually,5 the Internet adds another layer of uncertainty in their bid to manage an increasingly restive society. While Beijing haltingly pushes greater transparency, the rule of law, and official accountability within the political system, the Internet forces it upon them. In the end, political evolution via the Internet may produce its own form of system revolution.

    Malcolm Moore, �China�s middle-class rise up in environmental protest,� Daily Telegraph, November 23, 2009.
    �Public outcry forces Chinese police to revoke arrest warrant on journalist,� Times of India, July 31, 2010.
    Elizabeth C. Economy, �Nobel Peace Laureate Liu Xiaobo and the Future of Political Reform in China,� testimony before the Congressional-Executive Commission on China, November 9, 2010.
    Keith B. Richburg, �In China, microblogging sites become free-speech platform,� Washington Post, March 27, 2011.
    Murray Scot Tanner, �Unrest in China and the Chinese State�s Institutional Responses,� testimony before the U.S.-China Economic and Security Review Commission, February 25, 2011.





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  • Bpositive
    01-06 04:50 PM
    "They win people like you who would support killing on innocent civilians and school kids. "

    You must be kidding me!!



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  • sc3
    07-13 04:10 AM
    EB3-I..please print the attached word doc and sign and mail it to Department of state..this week

    Moderator could you makes this Sticky please


    Thanks!. I was in the process of writing to the Ombudsman about the allotment system change, and the reasons behind it. If I dont hear back, I intend to write to my congresswoman / senator about it.

    So while I was thinking what to write, your draft is very helpful in making my final letter. I hope everyone starts writing mails to the ombudsman about the problem.





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  • Wisconsin Governor-elect Scott



  • unitednations
    03-24 03:23 PM
    UN,

    I can't help asking this.
    I have been following your posts for a while. I know you are quite knowledgeable in immigration.

    But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.

    I like to believe you are unbiased. Please let us know.

    Ofcourse I am unbias.

    I can't even begin to think how many people I know; cases I know from people who are from india.

    I'd say that it is less then 3% from people with other countries.

    As another poster rightly said that many of the issues happening is mainly to India because it takes so long to get the greencard and eventually everyone gets into these issues.

    Non indians don't face many issues because they get the greencard so fast; and hence they go through very little issues (generally). If other countires had to wait so long then everyone would also have similar types of issues.

    Since most of the forums are related to IT and Indians then if I ever broach on something a little negative or give different perspective then people look at my profile and see I was born in Pakistan and think there is some bias there.

    btw; I left when I was five years old and hardly knew any pakistanis/indians when I was growing up and for what it is worth my wife is Hindu.



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  • desi3933
    07-08 10:20 AM
    1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.

    2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).

    3. Did the period length where he did not have a pay check exceed 180 days at a stretch?

    Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.

    1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

    2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

    3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

    _____________________
    Not a legal advice.





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  • desi3933
    08-05 09:14 AM
    ....
    ....

    Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    .....
    .....
    Thanks.


    This is the REAL reason why you think this is unfair practice.

    Would you mind sharing little details about yourself? Are you eb2 or eb3?

    And how about porting from eb3 to eb1? I am sure you don't mind as it does not hurt your case.

    Self-interest and jealousy are two motivating factors for you.

    ____________________________
    US Permanent Resident since 2002
    ** supports not counting dependents for EB Green cards **



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  • mrajatish
    04-09 12:08 PM
    Why do you need to hire other person if Joe is fit f
    or the job though he is not as bright as other H1b person. For example you do not need IIT graduate for QA position. For example If you want a core system software programmer in TCP/IP level or semiconductor R&D you can go brightest in the World. Bill Gates is an exception. 95% of bright people will have degree or more in current world.

    I am sorry to hear this sense of mediocrity that you want to perpetuate - maybe, I made a mistake by preaching to the wrong set of folks. The person I want to hire for a particular position should be smart enough to move to other positions (if the original position were to go away or if his/her career plans were to change). The last thing I want is to hire a person whose skills are not transferrable to a different job position.

    I have myself moved from development to management to business and all because I believe I have the base skills to be an effective, valuable employee (and alas, every time I have done the change, my GC has been re-applied).

    In a competitive world, you are better off hiring the best talent - just pay close attention to the kind of folks McKenzie/BCG hires.





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  • axp817
    03-25 01:26 PM
    UN,
    Any stories of AOS applicants porting to self employment under AC21, that you could share with us?

    Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.

    Thanks very much, as always.



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  • It#39;s that time of year



  • riva2005
    05-16 06:51 PM
    It is very simple -- the 'consulting on the bench' business is ILLEGAL. You can have any opinion on it you wan't, but the bottom line is it is against the law. If you can't meet the legal requirements, you shouldn't be here in the first place.

    And what do you think about the skilled and HONEST people in this world, finding a job and having an H-1B petition submitted on their behalf, only to see all the H-1Bs go in a single day due to the consultants? My sympathy goes to these people instead of any 'consultant'.

    It is amazing that people don't seem to grasp the concept of something being ILLEGAL, and instead seem to rely on some self-perceived logic as to what they can and can't do. Let us focus on the illegal clogging of the system and restore it to the otherwise great visa program it was meant to be.

    Ok fine. you are right. I am wrong. I have run out of arguments and unless I repeat them like you are repeating them, I dont have anything new to add. Go and support the Durbin-Grassley bill. Make phone calls and write letters to other lawmakers and tell them that Durbin-Grassley is a good idea.

    Thanks for listening and responding so far.





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  • srkamath
    07-13 12:16 PM
    It may be possible to the Sec.of DHS or the President to issue an executive order to allow a "processing grace period" that extends the visa allotment past Sep30th for a given year for those cases where processing had already begun on or before Sep30th.

    This is a small incremental step - but it may help with using up a few 1000 extra numbers.





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  • mariner5555
    03-26 03:34 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.
    it depends on a persons risk amount - I guess. where did you sell yr house --was it for a loss ? maybe you are lucky to have sold it in last 2 months or something is not correct here.
    you can sell the house from abroad - but what if it does nt find a buyer for 6 months ..how do you make the mortgage payments.
    for me GC is important - for one - I don't have to worry about status / DHS .
    getting a job on GC is easier than on a EAD (u see some threads here already). on GC you can get a job is another field / part - time..without worrying about DHS / DL ..from abroad, I guess you give everything to a RE agent ..I can come up with tons of issues with it (but I know you will come up with counter explanations - so I won't bother). BTW I hope you are not a realtor right ?? some of desperate realtors do anything to convince people nowadays ..the latest I heard was telling me to buy before Hillary comes to white house ..with a mumbo jumbo explanation





    senthil1
    12-20 04:22 PM
    Everybody are blaming Bush for his failure in Iraq and Economy. But Bush had a big acheivement in his period. After 9/11 he successfully prevented Terrorist attacks. That was most important acheivement and that was overshadowed by other failures.

    Yes, everybody, all senators, wanted to teach these terrorists a lesson after 9/11.
    Afghan war is good and Iraq war is bad. Why, because Iraqis didn't leave WMDs a.k.a nukes behind.
    (A weapon of mass destruction (WMD) is a weapon that can kill large numbers of humans and/or cause great damage to man-made structures (e.g. buildings), natural structures (e.g. mountains), or the biosphere in general. The term is often used to cover several weapon types, including nuclear, biological, chemical (NBC), and radiological weapons)

    Now, Iraq war went bad, economy went bad (due to main street scamming the banks) and suddenly its all the fault of Mr. Bush.





    sk2006
    06-05 02:48 PM
    This is a very healthy discussion!!.
    My two cents.

    Buying a house is the best decision no matter what, if you can get for a good price(price u can afford) at a GOOD LOCATION!!!. I think location is more important...
    As far as real estate investment is concerned.. It is
    LOCATION LOCATION LOCATION..

    Nothing...else..!! .. Even if you are in H1B or GC if you know that u can stick to one job for a while and u get a house in a good location... this is the best time to invest!!


    Partially true.
    In good locations prices are falling slowly but that does not mean they can't fall as much as they have fallen in other areas.

    The primary reason for the big boom in housing was not Rising incomes or rising affordability. It was not even Demand and Supply of Real Estate like may Real estate agents would tell you..

    It was Demand and Supply of Easy Credit.

    Days are easy credit are gone and we would not see it again atleast not for many many years to come. With Real wages falling and unemployment rising there is no way housing prices will rise any time soon. First they have to stop falling!

    So buy a house if rent and mortgage(+tax+maintenace) are comparable and you plan to stay in the area for long time. And for next many years don't look at the value of your house on zillow.com



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