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Sunday, July 3, 2011

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  • sledge_hammer
    06-25 03:06 PM
    No one investment vehicle is the BEST. There are pros and cons. But for you to trash real estate by comparing it to renting is foolishness. One needs to diversify. So one should invest in stocks, bonds, gold, home, cash, etc. What percentage of each? Well that is a personal choice. But home is definitely one way to build wealth.

    Do you know a single well known rich guy that still rents (and owns zero real estate)? If you are so sure that you have the math right, go ahead and name some names!
    There are many homeowners who are underwater but not foreclosed. That does not make it a good investment. All I'm pointing out is unless your property's rent covers your monthly mortgage+property tax+insurance+maintenance and upkeep it can not be called a good investment. You should have positive (at least non negative) cash flow out of your rental properties. Is this a general case? I think not. At least in my area I'm 100% sure rent does not cover mortgage and the difference between the two is significant.

    If you have a negative cash flow on your rental properties then the only thing you are betting on is price appreciation of your properties (above inflation) in future which is speculation again.

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  • unitednations
    03-25 11:58 AM
    Thanks for the link. Essentially there are 2 issues here

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

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

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

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

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

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

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

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

    If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.

    Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.

    In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.

    USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.

    As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.

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  • chanduv23
    04-12 04:46 PM
    Many/most of us here have worked like crazy dogs most of lives, followed the rules, and played by the book. "Everyone" does not have your cavalier attitude towards truth.

    Working like crazy dogs????? Thats your problem. No one asked you to. if you worked like crazy dogs
    (1) Either your employer enslaved you
    (2) or You did it on your own

    40 hours per week is standard working hours. Anything more than that is generally done at times of need. So if you are constantly working and complaining about that, then thats entirely your fault.

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  • punjabi
    08-05 01:50 PM
    A doctor had just finished a physical well-check session with one of his patients, when he realized he got a bit carried away with the procedure. He was resting afterwards and was feeling a bit guilty because he thought it wasn't really ethical to do it with one of his patients. However, a little voice in his head said "Lots of other doctors have done it with their patients so its not like you're the first". This made the doctor feel a little bit better until still another voice in his head said, " but they probably weren't veterinarians".


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  • venram
    03-22 04:54 PM
    Here is the key thing - now it is crystal clear that purchasing a house cannot be a short term investment. If you plan to buy a house, you should plan on staying in (or retaining it by way of renting) the house for at least 5 years. I feel, that should drive the decision of your buying the house or not. Visa status is just a very small factor in this decision. If you are not very confident of keeping your visa status valid until you get a green card, then quit the idea of buying the house for now.

    I would think even if one has a green card in hand and cannot be sure of being in one place for at least 3-5 years, then quit thinking of buying a house until you secure yourself in one place for that kind of a term.

    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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  • jkays94
    04-18 07:24 PM
    I don't believe votes such as this are scientific. Also only people who like the opinion given by him watches the show, so everyone knows it will be biased.

    Anyway I did vote NO.

    Last week Lou (who is a Harvard Economics graduate) said he was sending one of his poll results to the WH. Very unfortunate for a non-scientific poll. The other thing is that often a lot of people in decision making capacity ie some congressmen and senators watch Lou Dobbs and are often misled which is why it is key that groups like IV tell the true side of the story. Right now Lou has an anti-H1-B agenda and has been trying to lump H1-Bs as a bad thing for America.


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  • hiralal
    06-05 10:55 PM
    I have done lot of research and come up with calculations ..please note ..I am renting now but am also a potential home buyer ..only the GC is preventing me from buying.
    both have its advantages and dis renting, I save a lot and I spend that money more freely (eating out more frequently, wife is not under pressure to work, kids in summer camps, fully funding retirement etc). kids have more friends, playdates etc etc. also the flexibility and peace of mind that renting gives me (and my family) is priceless in this environment. similarly owning has its own pleasures and others maybe able to write better on that.
    my point is only from timing point of view and from financial perspective ..home is huge investment and if prices are still falling then it makes sense to wait ..the reason being if prices fall an additional 10 - 15% in your area then you may lose 30 - 40K in one year (which is almost 2 - 3 years of savings for better paid guys). on top of it if you lose job and H1/EAD gets cancelled then you are FINISHED.
    here is the article that I mentioned ..also note 3% appreciation was past (slightlly more than rate of inflation) will take years to even come there
    one of the adjustable variables is home appreciation. The default level is 3% a year, meaning the $300,000 home would be worth $309,000 after one year, $318,270 after two years and so forth.

    Reduce that figure to 1% and the break even period jumps to 4.8 years. At 0% it's 7.2 years.

    These days, 0% appreciation is not all that bad. The calculator won't take a negative number, but it's easy to imagine what would happen if, for example, prices were to drop by 5% a year for three years, then resume a 3% annual increase. Your home would lose about 15% of its value in three years and would then take five more to get back to where you started, a total of eight years.

    With appreciation continuing at 3% it would take another 2.5 years to break even once commissions, taxes and other factors were taken into account. So it probably wouldn't pay to buy this home unless you expected to stay there for more than 10.5 years.

    But there's no doubt that periods of low home-price appreciation or falling home values dramatically undermine any financial benefits of owning over renting.

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  • xyzgc
    12-22 11:31 PM
    Though I strongly disagreed with some points made by the initial poster, some of your points look like they are out of the VHP's handy book. Muslims do have a slightly higher fertility rate, this is falling fast and there is only a slight difference between hindus and muslims. Partly it has to do with religion but there are various other reasons including higer female numbers and better mortality rate.

    See article.

    Another article(slightly older):

    That's very positive news. Its not like every muslim has ten wives and produces 50 children.And for that matter, every Hindu widow doesn't commit sati.

    I don't know whether VHP has a hand book. At least, I have not read it even if there is one. If they have it and they have expressed similar thoughts, there is nothing I can do about it.

    There are several issues in Indian society. We are not denying it.
    What we are demanding is that Pakistan should stop sponsoring terrorism. Not only that the nation must take active steps to root it out instead of simply disowning the terrorists. That's all.


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  • Macaca
    12-28 07:12 PM
    Blending the Rules as We Go Along ( By ANAND GIRIDHARADAS | New York Times

    I wanted it to be right after breakfast when I asked Priya to marry me. The other elements were still forming, but that one felt important: a proposal to know together a thousand moments as simple and whole as this moment on a quiet Sunday morning.

    I gave a prologue, then asked. She cried, then answered. A ring was worn. And, in less time than it takes to mow a lawn, we had rewritten our fates � our fate � forever. Done deal.

    Or so we thought.

    In the coming days, we were reminded of what it means to belong to a tribe of people that straddles multiple cultures and multiple degrees of technological involvement � and, as a consequence, holds a rich variety of opinions about an engagement. We received an education in the nuances of doing a very old thing in these new globalized, digitized times.

    The first hint of engagement Babel came in a phone call to Priya�s grandparents in New Delhi, minutes after the proposal. Joy filled their voices when they heard our news; blessings poured forth, punctuated by the colonial remnant �all the best, all the best.�

    Her Nana, though, could not let the conversation end without asking a question:

    �But, Priya, how exactly does one get engaged?�

    The bride-to-be said something about a question being asked and a ring being given, and that was that. What we didn�t appreciate then was that, in India, it doesn�t count as an engagement when two impressionable young people make a decision all by themselves.

    Calling India to say that you have gotten engaged, but without any family present, without any rites having occurred, is like claiming to have clapped with one hand.

    Thanksgiving time soon came, and the two of us went to Washington, where our six parents live. Two celebrations of our engagement were planned: a dinner at Priya�s mother and stepfather�s home, the other a tea at my parents� place.

    Our new family traces its roots to cow worshipers in Benares and cow slaughterers in South Dakota, to Chennai in south India, to a piece of the Punjab that is now in Pakistan, to Iowa, to New Jersey and to a hamlet called Blaxall in Britain. We count among us those who worship the multitudinous Hindu deities, the lone Christian one and no divinity at all. We are speakers of English, Hindi, Punjabi, Tamil, French and Spanish. Many of us bear the passport of a country in which we were not born.

    All of which is wonderful until you have to choose an engagement ritual.

    After some debate and soul-searching, we decided to invent our own rites. We lit candles. We held hands. We told stories. We traded gifts. We laughed. We ate.

    But, back in India, there was still some confusion. Priya�s grandparents, 10 and a half time zones ahead of us, were aching to hear our voices on the night of that first Washington celebration. My grandparents phoned several times during the tea at my parents� home four days later. The way they saw it, this was the engagement � this coming together of families at the home of a certified adult. The earlier thing, as they saw it, was more like a sweet gesture.

    So, two weeks after we got engaged by our own definition, my grandparents congratulated me for getting engaged. Priya�s Indian cousins BlackBerry-messaged her they were delighted to be able, at long last, to congratulate her � now that it was �official.� Other relatives wrote seeking pictures of our �engagement ceremony.� We tried to explain that we hadn�t had one. But in this definitional spat, we were clearly outnumbered.

    When, today, is an engagement valid in the eyes of the world? Is it, according to the Western contractual idea, when two people declare their commitment to each other in private? Or when love mingles with economics in the giving of a ring, the first step in a gradual entangling of fortunes? Is it when two families gather and drink and toast? Or when a certain traditional ritual is done � or, in our case, a new ritual?

    Or is it when you change your Facebook relationship status?

    We had been so consumed with family, and with the intricacies of the Indian and American rules of engagement, that we ignored our virtual tribe. We had called some friends on the phone immediately after it happened, and e-mailed some others. But then the celebrations of the nonvirtual world took off, and we were absorbed into that love and tumult, and our engagement went unrecorded by the digital sphere.

    Just when we thought we had satisfied every possible definition of engagement, marking it in ways suitable to ourselves, our parents and our extended clans, Priya�s stepsister brought up Facebook. Why hadn�t we updated our relationship status to proclaim the engagement? It was peculiar, this omission: The absence of a Facebook update could be read as the presence of something amiss. What were we trying to hide?

    Relationship statuses, like ideas, have derived their authority from different sources over the millenniums: A relationship could be valid if properly certified by the ancient rituals; or valid if faithful to the words of the holy texts; or valid if codified in a contract recognized by the correct governmental agency; and now, in 2010, valid if etched into one�s �Info� tab on Facebook.

    We promptly made things right. As it turns out, we were Facebook-engaged around the time that the site�s creator, Mark Zuckerberg, was named Time magazine�s Person of the Year. We made it �official� for the third time, our union ordained by this new minister of the universe.

    At last, the engagement is properly established before our American, Indian and virtual tribes � and, now, before the readers of this newspaper. The wedding looms, and with it another inevitable contest of definitions.

    I can already hear the question forming: �But how exactly does one get married?�

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  • learning01
    05-17 12:39 PM
    we could not prevent your postings. Lou Dobbs is fould mouth. Please answer my direct questions:
    Can you quote or tell when Lou Dobbs has highlighted our side of the story. Why now? A passing line. It is to support his premise of the article.
    So, leave Lou and other foul moths alone. Don't dance with them.

    We need focus and we have no focus groups. These forums in IV are the focussed forums for us. So, I suggested that we need to concentrate our efforts and channel them. That's my point.

    Your conclusion otherwise is childish and please grow up. I am not from the core group. Call it whatever you want. But stick to the focus and reach the goal.

    Why are members on this forum so


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  • lfwf
    08-06 04:19 PM
    If you go strictly by that, then allocating unused EB1 visa numbers to EB2 is also wrong. EB1 visas are meant for an entirely different skill set and job.

    EB2 guys and EB3 guys are at a disadvantage depending on which way you look at it. I guess capturing previous years� unused visa numbers is the only way to go then�

    no those are unused numbers and are "physcially ported" to Eb2 before they can be used, and then to Eb3. the applicant does not jump to the higher category!!!

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  • texcan
    08-05 07:00 PM
    In 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!!!

    Killer .....



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  • gcdreamer05
    03-24 08:06 AM

    I had similar calls two times from IO so far...first to ask for documents (which I sent last month) and second on past Saturday to ask if I could come to the office to give new fingerprints (as the old ones have expired).

    It is nice to see USCIS becoming more proactive...all the best!

    Pagal did they ask you too for client contract letters ?

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  • gcisadawg
    12-31 04:55 PM
    Do you realize that
    a) Hitler did not export terror. He invaded and occupied countries. Non-state actors trying to kill Pakistanis, and Indians, and trying to start a war between India and Pakistan, are not the same as one country invading another.
    b) That was before the atomic bomb,


    Look, the Pakistani military/Govt. is not capable of dealing with these 'non-state' actors. Your logic that it is going to take several years to neutralize and India has to wait for that period to pass is simply dumb.
    Would you allow a thief to rob your own home over and over again? Depending on your logic, it looks like you wait for several thefts to pass before taking action against the thief.

    Looks like most of Pakistan doesn't want to grow up.



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  • kinvin
    02-25 07:41 PM

    Oh, I meant that, the quote is what Lou Dobbs would have said if would not have failed. Sorry about the confusion.

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  • GoneSouth
    04-07 06:45 PM
    I think everyone should take a deep breath. This bill hasn't even made it out of committee yet. The Bush administration has made it clear that they are pro immigration and pro h1-b. I'll never say never, but I think it's very unlikely that this bill will ever get to the president's desk, and even less likely that he will sign it.


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  • amoljak
    07-10 09:14 AM
    Did anybody contradict this caller on the show? Is the recorded show available online?

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  • nojoke
    04-15 03:42 PM
    I am on H1B and I485 is pending. I just bought a mid-price house and I will recommend to buy only if your I140 is approved. I waited for many years but finally bought one. Buying the house was a big decision but I am glad that I took it. I have a 3 year old daughter and she being able to run in our own backyard is worh of some financial risk. The house prices are lower (still I think a little higher than it should be) and the interest rate is good too. So, go for it and good luck.

    go for it? When the housing market is crashing and when we have recession, everyone buy the over inflated houses?:confused: House prices are lower?:(
    The market is crashing because the house prices are so much inflated that people are not buying. This is why you see record foreclosures. Infact some of them sold at the height of the bubble and made large profits and are now renting. They are waiting for the market to fall further. This whole market is a ponzi scheme with flippers buying and selling each other.

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  • texcan
    08-05 04:05 PM
    Sorry , you can't hide your passive aggressiveness :)
    AS I mentioned on other occasions this whole process is screwed up. it gets you worked up when some one compares this (PD recapture) to labor selling. IT IS NOT.

    To answer what does one get by comparing the job duties : It gives a lot. It gives EB2 classification only to those who deserve it. I wish the rules are much stricter.So that those who can claim they are EB2 are really entitled to be EB2.

    There is so much dirty laundry and not good to bring that in public. But if this law suite goes , it does not take very long to show how genuine some EB2s are.

    I agree, I am no saint, i have my shortcomings; actually more than i would like.
    My point is please listen to others folks, and be nice.
    We really cant get anything done hereby arguing.

    03-23 05:39 PM

    I had similar calls two times from IO so far...first to ask for documents (which I sent last month) and second on past Saturday to ask if I could come to the office to give new fingerprints (as the old ones have expired).

    It is nice to see USCIS becoming more proactive...all the best!

    11-11 12:52 PM
    Hey its too late to reply but is there any update on this one ..Did the employer revoke his h1b .. In case he did he is out of status ..But if he didi not and employer ..employee relationship existed .. Then it is not considered out of status because one can show leave of abscence ..
    There are various CIS memos which have the out of status interpretation ..

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