Friday, July 8, 2011

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  • satishku_2000
    05-16 06:04 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.

    Title explains it all ... its not illegal to work parttime on H1b...If some employer does not pay on bench , employee can always goto DOL...

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  • Saralayar
    08-05 11:14 AM
    What a Bull Sh** ?? Are you saying that ppl who have applied under eb2 are the only ones who satisfy the eb2 criteria and eb3s can not satisfy the eb2 criteria ??? Come on ...this eb2 and eb3 thing is highly abused by lawyers, employers or employees .. I guess, you are in eb2 but I am sure if you go line by line of the law to recheck your eb2 eligibility, you might not even qualify for eb10,11, etc ....
    Well said. But in a little rude way.

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  • hiralal
    06-24 08:13 AM
    one of the main reason that I stopped looking for a home is GC. the reason I was hunting around was to get advantage of tax credit ..but when I read articles like this ..I feel waiting for some more time has advantages too !! (so even if you take best case scenario of 10% drop in your area ..a house which costs 250K will drop by 25K ??? which is 3 times the tax credit).
    Searching for a bottom in the housing market
    Sales look like they could rebound soon, but you can't say the same for prices.

    See all RSS FEEDS (close)
    By Janet Morrissey, contributor
    June 19, 2009: 4:23 AM ET

    FORTUNE 500
    Current Issue
    Subscribe to Fortune

    NEW YORK (Fortune) -- Sales in the decimated housing market may finally be bottoming, but don't expect home prices to stop dropping before mid-2010 at the earliest, analysts and economists say.

    Indeed, prices in the battered housing market could get a lot worse before they get better as an avalanche of specialized adjustable rate mortgages, known as option ARMs and Alt-A mortgages, are slated to reset over the next 18 to 24 months, and rising unemployment causes a surge in the number of prime mortgages going into default. All of this is expected to trigger another round of foreclosures and cause home prices to tumble at least another 20% before the market rebounds, according to market analysts and economists.

    Market bulls believe home prices could bottom in the second half of 2010, but the bears warn it could be 2013 before they finally trough. And once prices do reach a low, it could be years before they significantly rebound.
    0:00 /4:19Housing market's false hope

    "This is clearly the worst housing crisis since the Depression," says John Burns, president of John Burns Real Estate Consulting. Losses from the housing meltdown totaled $3.6 trillion at the end of 2008, and will likely approach $5 trillion by the time the crisis ends, predicts Lawrence Yun, chief economist with the National Association of Realtors.

    Bob Curran, managing director at Fitch Ratings, is a lot more cautious, noting that one month of gains doesn't make a trend -- existing home sales are still off 3.5% from a year ago. "You'd want to see a string of months -- ideally three months -- to say with confidence that a bottom has been reached," he says.

    "We're about two-thirds of the way through the pricing correction on a percentage basis," says Joshua Shapiro, chief U.S. economist with MFR Inc., an economic consulting and analysis firm. He expects prices to slide at least another 20% over the next 18 months.

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  • willwin
    07-13 04:01 PM
    At the outset, I am not against EB3, but lets think about this for a moment. Any logic that we use to break up spillover between EB2 and EB3 can also easily be applied to EB1 and EB2. I'll repeat an earlier post of mine. "How can EB1 of 2008 get the GC immediately when EB2-I (in my case) has to wait for more than 4 years - clearly preference is at play here".

    Any spilt will artificially retrogress EB2 more than what it otherwise would have. Similarly one can always argue to artificially retrogress EB1 to give more visas to EB2 just because someone from EB2 is waiting for 4 years.
    Isnt that against the law. Any break up of spill over visas invalidates the category preference as per current law.

    Please also note that any unfavorable change to the EB1 category based on a hypothetical approval of an EB2/EB3 break up will invite the attention of Fortune 500 companies and prestigious research/educational institutions (who use EB1 the most) with all their political and financial resources at their disposal. That could put a halt to everything.

    Irrational passion calls for dispassionate rationality.

    Delax, EB1 with PD 2008 is getting their GC within months not because they utilize an 100% spill over from 'somewhere'. It is just because they do not have enough applicants in the queue and hence no retrogression.

    Honestly, 'i don't think' the 'advantage' that EB3 and EB2 have - using spillover from other categories. Correct me if I was wrong.


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  • chanduv23
    02-15 10:58 AM
    As we are not voting public and voting public are against us, and employers do little for us, what is the basis in which we can influence politicians buy our cause?

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  • Michael chertoff
    12-19 11:15 AM

    Please delete this thread. It is not helping in anyways to our immigration goals.

    Calm down friends.



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  • masaternyc
    05-15 07:41 PM
    I think mbdriver is absolutely right, this would stop the exploitation of greedy consultancies and every one gets a fair chance.

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  • mirage
    08-06 09:28 AM
    Rolling floods,
    What is your PD ? EB2-India is Jun2006. It is just 2 years back. So I am guessing your PD is even less than 2 years and you are getting so restless that your are seeking to get more rulings done in place where 2000 thousand unnecessary laws & rulings exist for a 'could be an easy' process. I think instead of talking to lawyers you need to see a doctor...


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  • transpass
    03-26 07:30 PM
    I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on

    That case had a lot more things in it.

    1) person never worked at the location as specified by the greencard labor
    2) person acknowledged he wasn't going to work there upon greencard approval
    3) person was claiming ac21 within same employer for different location

    Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.

    Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.

    But in the Baltimore case, AAO was questioning that the beneficiary never resided in the state his H1 was petitioned for...But I wonder, shouldn't that be allowed as long as the place of work remains the same...I mean, let's say, if I work work in NY and live in NY, then as per AAO, it's fine. What if I work in NY (same location) and live in NJ, then it's not ok as per AAO? What if I can commute even longer distances dailiy, like living in Philly and commuting to DC, etc.? May be that's the reason why AAO directed the local office to give the petitioner a chance to provide any such evidence?

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  • unseenguy
    06-26 06:04 PM
    A lot of bickering going on in this thread is because many of us (including yours truely) find it very difficult to understand/calculate
    1. Time Value of money (Wiki Link (
    2. Cash Flow (Wiki Link (
    3. Risk, not the english term - but the quantifiable aspects of it (Wiki link (
    4. Leverage (Wiki Link (

    I have worked on many of these concepts for > 2 years at work (I am a techie - but have also worked as a BA and part time quant for some time). I still personally find it very difficult to intuitively understand many of those concepts.

    A proper conclusion of whether buying is better or renting is would involve each and every one of these concepts - and a lot of assumptions (what will be rate of inflation, how will the home prices behave etc). Since there would be so many assumptions - I doubt it will be at all possible to arrive at any definitive conclusion. Your best bet would probably be a monte carlo analysis and see which one is more probably the superior one.

    So surprise of surprises - there is no "right answer"!!

    That said - I personally follow the a modified model of "dynamic programming" that my college taught me in the 2nd year of bachelors. You CAN NOT estimate future variables with ANY accuracy. So optimize your present steps based on some cost function.

    Applying that to the present problem - you CAN NOT estimate how the home prices will behave in future or how will the rent be or how will the inflation (or - horror of horrors - deflation) behave. The only thing you can optimize is your cash flow TODAY and the Present Value of any investment you hold. Present value = market value of your equity (even if the price is 40% lower than when you bought). Your "cost function" (maybe we should rename it to "wealth function") that you are trying to optimize is your net worth.

    The result of the "dynamic programming" approach if probably not going to be the most optimal - but it will be the best that I know of. :-)

    Best of luck guys.

    Hi Puddon head :

    Thanks for putting this all together. I support mathematical approaches. Monte carlo analysis is a good approach and it will always present the most pessimistic scenario.

    For optimistic analysis you can use, 3 or 6 point analysis like, (P + O + 4*ML)/6. Although ML in this situation is a tricky part.

    I agree that you are going to end up with a range rather than any specific number. I also agree that it is crucial to get the Most likely range with acceptable standard deviation :)

    You can use six sigma approach also :) ;) (just kidding on this last one).


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  • pete
    04-09 08:15 AM
    I think this bill ironically works out well for doctors and researchers!

    We are not consultants.Most of the times we stick to one place. Either doing residency or postdoc we are usually in one place. Most universities are very rigorous with the labour certification process and residency is obtained via "match".

    The consulting companies have been responsible for for flooding the GC process. Consequently researchers and doctors have to wait with the rest of the crowd. This new bills will turn out to be very advantageous to doctors and scientists ( in nonprofit organizations).

    Would like to hear opinions for and against this view......

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  • acecupid
    08-05 03:15 PM
    Seems like a lot of emotions running high on this thread!

    Given that the USCIS director doesn't visit IV before writing memos on interfiling and porting PD's it's meaningless getting your blood pressure up.

    Rolling flood is definitely free to file his/her lawsuit whether folks here like it or not and SunnySurya has every right to join in.

    Wondering why folks from EB-3 want to just move up to EB-2 and port PD. Why not go for EB-1? After all that category is current.

    If someone is eligible to port to a higher category they will rightfully do so. Your post seems to imply all PD porting is through shady means. Grow up buddy!


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  • LostInGCProcess
    08-05 02:59 PM
    Seems to me he started the flood and left....I was going thru this thread, and after couple of pages Rolling_flood seems to have vanished. I think he got what he wanted...a pointless debate. It was funny though to read... :D

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  • vactorboy29
    08-26 10:34 PM
    This is hilarious........


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  • transpass
    03-26 07:01 PM
    Does this mean that H1B is also location specific?

    As far as I know, yes it is...I remember doing H1 myself few years ago and the LCA form has prevailing wage rate section. As we know, the wage rates differ from place to place and so since H1 is based on prevailing wage rate on LCA, then H1 is also location specific. Even though LCA form has been changed since then, I think it still holds true...

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  • nojoke
    04-12 03:03 PM
    You are off by 5-10%? :D. You are talking as though the prices will jump right back up after reaching bottom and the next day after you wake up from the bed. This is housing. When it reaches bottom, it will drag on for years sideways.
    Like I said, first you guys say it won't happen in California. When things unfold, you changed to "it will not happen in bay area". Now you started "inside core bay area". Pick your core area and I will show you how many foreclosures are there. And it is just starting. More is yet to come. KB homes has cut prices in "core area" last year alone by 150K. This is new homes. Last year at this time when we visited them they said "we have just one piece left and hurry up". That "last piece"(They obviously are lying) is still in their inventory even after 150K reduction.:D Give some more time to play out its course..
    I would rather buy low price house at high rates than low rates and at higher price. I can sell my house anytime I want. If you buy house at peak, you will not have equity when the price falls and you get holding the bag.
    For those of you who think housing will always go up and those that think it will back in few years..


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  • hpandey
    06-27 12:01 AM
    Pandey ji / Valid IV
    o.k..I will explain it slowly ..I can understand that those who are homeowners will justify their home purchase. some maybe in denial and have their head in sand.
    honestly, few months back, even I would have purchased a house . if I had, I would still admit -- that home is not necessarily good investment but a place to stay. even after I buy, I would still say that renting in an apartment has its advantages. here are 2 links in english.
    Why rent? To get richer - MSN Money (
    Why Your Mortgage Won't Make You Rich - (
    now you need to read this carefully else you won't understand what the authors are trying to say ..since it is bit unclear but it has good points (not trying to make fun here :)) read since they are superb articles
    but here is even simpler explanation and hopefully that will explain what I am trying to say ..if you still don't understand ..u will need to find someone else to explain.
    first renting gives you flexibility say, u get better job offer or lose job - you don't lose lot of money compared to house if you have to move.
    for 250K house, you pay around 300 property tax, 60 HOA fees, 150 - 200 in maintenance (recurring like lawn plus once in long term like roof, painting etc) , 100 - 150 extra in utilities. you pay downpayment of 50 k ..if you were to invest that money in better investments (mutual funds, stocks, high CDs. bonds) would make 250 - 300 per month. plus add fees when you have to sell the house, insurance, termite protection etc etc ..
    plus in many cases, you end up buying a house further away than if you were to rent (since many want brand new house ) ..this means extra 250 - 300 in gas + vehicle degradation per month.
    (ALSO SAY U WERE IN MICHIGAN OR IN CALIFORtNIA -- you could get away from the state after making money easily if you were renting. .home means you could end up stuck there).

    I agree in apartment you get less space and hence I mentioned - u need to ask - do you really need extra space at this time in life - if yes, then home is better. (but renting a home is even better esp if prices are still falling in your area in this case).
    btw - as of now rents are going down -- you just need to negotiate.
    now you don't get the money back in rents..but neither do you get money paid in the expenses listed above.
    (in other words - you don't get money back that you pay in rent yr apt BUT you get a place to stay ..this is not India where you can sleep on foot path - so you need a place. apartment property owner will make a small profit - but that is the system)

    before you jump - house is good when it appreciates by atleast 1 -2 percent above inflation and I am not saying that you should never buy a house.
    there are many other points and I will post it in IV WIKI ...and I hope this helps newcomers ...this is my last personal post ...and do watch the movie :) ..once again I did mention in plain english that it is worst case scenario (the movie "pacific heights")..but best case scenario is not good either if you are a landlord with property in US while you are in India (or vice versa).

    hope that answers your question ..please note: the above is for normal cases ..but if you get a good deal or short sale or foreclosed home for 50K --- then yes, buying makes sense !!

    Thank you Mr. Hiralal for your condensending post . Your trying to explain it slowly will not make your argument strong.

    I am not trying to justify my homeownership to you or anyone else here. I am just presenting the real facts that apply to my case. I did not buy a house to get rich neither would I become rich if I rented.

    I bought a house only a few months back and not in the real estate bubble time. I have paid a good price for it and my mortage is the same as my rent . The house has four times the area of the apartment I used to rent and is in a very very good area . So why should I go on renting.

    Anyway my primary reason to buy was for my 2 year old who ( and my family ) need more space to live rather than a cramped two bedroom apartment. I don't know about you but I have spent 9 years in this country . GC is no where in sight. Waiting for GC and wasting valuable years of your life living in a rented accomodation don't make sense to me when you can get a nice big house for your family at a very good price and low mortgage .

    Maybe you believe all these media articles but these are written for a broad view.

    Everyone is unique and every situation is unique. There are a lot of places in US where the prices did not fall that much and there are some place where they are in fact rising now .

    Mortgage rates are low now as are the home prices after correction but what about mortgage rates two years from now ? I can't predict if the home prices will go down or not since that depends on the location but I can say this for sure that mortgage rates will go up .

    Homeowners like me don't have our heads stuck in the sand as you say - I spent a good two years 2007 and 2008 making calulations , waiting for the right time and finding a good valued house at a good mortgage rate.

    We are not as stupid as you think.

    Thank you .

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  • sledge_hammer
    06-25 04:03 PM
    You are wrong my friend. Not all rich people pay cash for their homes. Read this - Celebrity Foreclosures - (

    And who was rich first and does not consider his house as an investment!

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  • sanju
    12-18 12:15 PM
    Sanju gave very good explanation here.

    I'm sure some of the readers would already know what I'm saying in my post and like many of them I almost stayed away from posting but for the benefit of those few ( even if it's one person) who might wonder if Gita could have been doctored I decided to share what I know .Again I felt the need to post because the idea was brought up by Sanju(NO..I'm not accusing you Sanju...nor 'm I preaching Gitaism here.Again it's just for the benefit of that few sincere folks...others can stick to Sanju's harm.)

    Hindu society all through the monarchical times was blessed with Enlightened Masters who willfully(for a person who had realized the ultimate truth material positions don't matter) served as subordinates (Mahamantri, ,Rajguru )to the Kings .

    These enlightened gurus were the protectors of some of our scriptures(just some because many of the scriptures were outside the intellectual realm of many kings no matter how powerful they were) be it shastras,stotra or sutras.

    Now before one goes on a spin with these enlightened masters let me also remind everyone that none of the great works are patented or owned by any king or master(unlike in some societies). They did truly protect our scriptures so they can be passed on to us, leaving these great works for use/abuse (based on the individuals intelligence/intention) popular examples in today's world being yoga/kamasutra (both are great spiritual mechanisms but are greatly misused so much so that one can't name (one of them) without feeling wee bit embarrassed).

    If one was to trace the evil practices like caste system they wouldn't find the roots in any of these scriptures. Now these evil practices, I would say were doctored/cooked up by people/kings, but Hindu scriptures were out of the reach of these people.

    These scriptures are wired in such a way that to change them one needs to be highly evolved(not just highly educated or filled with dry intelligence) , to understand them one needs to be sincere seeker not professional seeker.

    Also Vedic Culture which is way of life, a civilization got reduced to mere religion only after foreigners came to Bharatavarsha (although the basic pillars remain the same..dharma , karma ...)

    Thank you.

    oh, ya! So just because you follow a specific faith, it has got to be pious, and books of other religions have been doctored. There is nothing new to this view. Every man on this planet adheres to this view.

    You see, every book has been changed during the course of human history. It doesn't mean that they were tottaly changed, but in a way there have been elements added and deleted from these books. So there are parts of these books which are good and teach us to love all of humanity and our sorroundings, then there are those parts in each such book, and those parts have been very carefully added by thugs and cheats during the period of time, such that they could keep control and grip on the comman people and at the same time spread their religion/world view. Anything that remotely peaches hate towards anyone cannot be the word of "God", whether it calls people of other religions as Kafirs ordering to kill them, or, whether it calls "non believers" as evil going to helll, or if it implements caste system. They are all the same. The true nature of the supreme being, the creator, is nothing but love and every thought in contradiction to the nature of supreme being is plain false. And older the religion, more the chances of that religion getting docotered by greater number of kings.

    You have reasons to accept that these books have been doctored but your ego is not letting you accept that things you have believed in your life could be wrong. Thats not just your problem, any person following any religion has the same problem.

    It is your responsibility that you don't pass on this disease on the mankind called religion, to your next generation. For too long the progress of minkind have been hindered by this disease. The progress you see in 21st century is not because of religion, but inspite of it. 99% of all inventions from Tesla's AC current to the first flight of Wright brother, they were all conducted in the country where there is separation of state and religion. I bet you, if religion was part of the consitution of US, no progress would have been possible.

    Its time to shed your ego that my religion is pious and others religions are wrong because all oraganized religions are wrong. And even if you want to lean against some religion, try to question every part of every religion that is peached and see it with a critical view. it will become easier for you to separate the diamonds from the dunghill.


    11-15 10:56 AM
    This guy changes sides based on the audience, check out his latest rhetoric, looks like he is feeling the heat from the results of the current elections:

    ...Zakaria refers to "CNN's Lou Dobbs and his angry band of xenophobes" and Jonathan Alter describes those who agree with me as "nativist Lou Dobbsians." But Alter and Zakaria are far too bright to not know better. I've never once called for a restriction on legal immigration -- in fact, I've called for an increase, if it can be demonstrated that as a matter of public policy the nation requires more than the one million people we bring into this country legally each year.....

    08-05 01:24 PM
    Agree with you...
    Also let me share a story ....

    Once upon a time, two ferries were taking passengers to an Island called Green Land. First ferry was calle EB2 and the other ferry was Eb3. Both these ferries were jam packed with little or no room. But EB2 was in slightly better position with few spaces to spare.

    These ferries were navigating at legendary slow speed because the crew and the drivers (read USCIS) were very slow. Also the fuel (read visa numbers) was not enough so now and then it needed to get some assitance from the base (read lawmakers).

    The base has put out an option to move from one ferry to another. So the people in Eb3 ferry decided to swim to EB2. One who could not start cursing their fate and the ones in EB2 boat start screaming to prevent that happening.

    Soon the passengers forgot that the reason why the ferries are running slow and start blaming each other.

    An old man on the shore sighed and said to himself, wouldn't it be nice if these people had concentratred their effort on the right place.

    I only read a few posts, but seems like there a lot of moral blasting and blame game going on.

    I am in favor of fair practices, and on that principle everyone has right to speak their mind; irrespective of outcome of this thread why is everyone fighting with each other.

    I agree with you Rolling_Flood, this porting can create trouble for many people who did not have a way to port priority dates. This is same issuse as "Labor substitution" was. I am glad labor substitution has been put to rest.

    Rolling_flood, donot get annoyed or angry because of some comments ( everyone has a right to speak as you do). remember the saying " if you have a few enemies; that means you stood up for something some day".

    Folks, please donot kill each other ...let people speak. Our focus should be on "purpose and not get frustrated by process".

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