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  • eb3India
    04-08 07:57 PM
    IBM and Oracle will survive without H1B as they will hire US workers and set back will be temporary for them. So this bill is targeting the Indian bodyshoppers who are running company just by H1b persons. This was expected for long time. If it is not happening now it is going to happen in a few years. We knew that hundreds of US companies went out of business after 2000 as they were not able to compete with Indian consulting companies because of rate.

    I tend to agree here IBM,Microsoft have their big presense in India they don't need to H1s they will be very happy to send few H1 guys who are already here and could not renew their H1, they can pay them lesss and get the same thing done,

    but I still don't know who senate is going to react on this bill because their saying we have to solve all immigration issues in one bill (CIR)

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  • mariner5555
    04-15 04:59 PM
    I suggest you stop looking at national level figures if you are seeking accurate information. Look at the specific neighborhood you have mind and you may find that the situation there is not exactly what is shown on CNN.

    As an example the DFW area is doing alright inspite of the gloomy picture painted by the media at the national level. Used homes will take longer to sell, but it is nowhere as bad as Florida or CA. And we are not discussing selling here anyway...we are discussing buying.
    what is DFW area (is it dallas ) ? I agree with what you say but in 90 % of the areas it will fall.
    In the end people have to take their own decisions and live with it (and I guess thats why many (who have already bought houses) are supporting home ownership) ..that is logical ..no one likes to admit a mistake (not saying it is a mistake).
    my views and thinking is clear on this ..why should I buy something now at a high price ..knowing that it has a good chance of falling down by 10 - 15 %.
    (And on top of it ..when I have to deal with USCIS).

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  • Rolling_Flood
    08-05 08:35 AM
    Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?

    If an employer wrongly files your case under EB3 instead of EB2 or EB1, then the onus is on you to challenge them and take them to court if need be.

    So an employer cheating him into applying in EB3 is an honest way?

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  • insbaby
    03-24 09:07 AM
    it is not just america losing - the person who has bought the house would lose his downpayment / equity too -not to speak of the mighty credit score - am I right ??


    Most of the answers in this thread point that you need to have a good life when you and your kids are young. Not for people who want to get money out of an investment.

    Also a reply suggests what you can do in worst case.

    Don't count how many days you are going to be in this country, but live every day for you and your family.

    I am sure you were not born in this country and brought up. Think about the enjoyment you had when you were young. Playing with 10 kids of your age everyday, running stairs up and down, cycling around the communities. Don't our kids deserve the same?

    They should not end up as "GC" victims.

    I just decided its my responsibility to give them a good living environment when they are young if I can. I dont' care about downpayment. If I was good enough to save the downpayment amount in 4 years, surely I can earn it back in 2 years somewhere in worst case scenario.

    Credit score? Sorry, I already built the score and bought the home, now I have many other things to worry about in life.


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  • xyzgc
    12-20 03:44 PM
    I was saddened and anguised with the terrrorist attacks that happened in Mumbai. I hope India follows up on its tough talk and goes after the perpetrators, no matter their affliation or the consequences. That was a provocation and I would love to see LeT or anyone else responsible to pay for it.

    But It is sad to see 'educated individuals' channeling their anger to demonize muslims who are equally upset with the Mumbai incident. Just like any religion/race, there are extreme elements among muslims. But this guilt-by-association should not have any place in modern society though sadly it does. There have been subtle and some not-so-subtle attempts on IV to protray all muslims as terrorists or all terrorists as muslim.

    I agree that there are a lot of current terrorist activities that can be attributed to muslims and I condemn them. But Indian muslims have stood up against this latest incident. They are asked to wear their allegiance on the sleeve as if they are in some way responsible for this heinous crime. There are numerous examples of non-muslims who are terrorists but in my view that does not render the whole community as such. The gujarat genocide, the attacks on christians in Orissa and other parts are led by the VHP/RSS but the right wing marketing blitz has been so effective, a lot of people have defended this as a reaction. That is exactly the kind of excuse the LeT or any other terrorist organization would make.

    Why is it so hard to say - Lets punish the guilty irrespective of their name or religion. Lets have a transparent Criminal justice system. Lets investigate any crime before guilty verdict is pronounced. That would render ineffective any propaganda that extremists use to recruit new members. Most of the people in this forum live in America and the law of this country would be in my view a good example of punishing the guilty irrespective of who and where they come from.

    Agree with parts of it.
    Disagree strongly with your statement

    But It is sad to see 'educated individuals' channeling their anger to demonize muslims who are equally upset with the Mumbai incident. Just like any religion/race, there are extreme elements among muslims.

    Most muslims are NOT upset with the mumbai incident, especially muslims in Pakistan. They floated the theory that this was the handiwork of Hindus and Kasam (or whatever the name is) is saffron and not green.
    Only Some muslim moderates sound very sincere in condemning it.
    You need to do some reading before making some statements.

    On this forum itself there are folks like buddysinfo a.k.a aCool who have been leaving very filthy, unspeakable offline messages like mf***r, sf***r, ur mom f****d by paki, chop ur d**k off and so forth...a lot of these folks kept saying everything was a security failure, over and over again. Nobody is denying that but its an attempt to create a diversion. Just like politicians.
    Check out the closed thread "Mumbai attacked". Read through it properly and if you are a non-muslim/unbiased muslim, please accept the truth.

    Having said that, its wrong not to channelize your energy properly and bad mouth the entire community and IV threads are not to be used for it. I did it myself and I admit its wrong but its NOT gonna change the truth.

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  • mariner5555
    04-14 02:39 PM
    Glad to know that you remember me. I don’t understand your logic, do you mean to say that I go to my house only on weekends, or do you mean to say that people who live in apartments spend the weekdays with family and go to work only on weekends?. What is your point dude?.
    what is your point duuude when you say "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?.”
    do you mean to say all those who are renting will buy after 10 years or do you mean to say that children who grow up in rented house or appt ..don't have a childhood ?? as it was mentioned in earlier posts ..there is a greater chance that your son / daughter will find a likeminded play friend in a good apartment complex then in a subdivision of houses.


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  • GCwaitforever
    07-17 06:22 AM
    This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.

    My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.

    My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.

    Please correct if I'm wrong. I really would like to get this right.

    Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.

    Members of Immigration voice are already on H-1B and would like to become permanent residents. Family members come on a dependent visa H4. H4 numbers are not counted in the overall H-1B numbers as H4 dependents can not work. H-1B numbers do not have any country specific quotas and already exclude spouses and dependent children.

    Increase/decrease in H-1B numbers should be market-driven. This is my personal opinion.

    The bigger concern is becoming a permanent resident. Green card numbers are limited. There are country specific quotas. Spouses and children are counted in the total numbers. Because there are more H-1B people from India and China (mostly graduates of US universities or come on H-1B directly), the queue is longer for these people and it takes even longer to get a VISA number for these folks.

    Instant Green card is the Utopia. There are other practical solutions for this problem. I listed them in sequence of my personal preference. Others may choose differently.

    1. USCIS processing efficiency: Many of the delays are due to USCIS and related agency processing capability. If we speed up this and increase effiiciencies, the wait would be lesser.

    2. Allowing to file for Adjustment of status (I-485) without current priority date: This gives the employees a work permit and makes it easier for their spouses to pursue their own ambitions. After six months of filing for I-485, the employee is a free bird to choose different employer, for a similar job position.

    3. Pre-adjudication of Greencards: This completes the ordeal of USCIS paper maze even when VISA numbers are not available. Applicants will get Green card when the VISA number is available and in the interim they will get the work permit.

    4. Recapture unused VISA numbers: For the past ten years, USCIS never used up VISA numbers allocated per year because of processing inefficiencies. They should be recaptured and applied to the people waiting in queues longer.

    5. Not counting spouses and dependents: When they come into this country, spouses and children are not counted in H-1B numbers. It does not seem logical to count them against VISA numbers while giving permanent residency. Spouses and children should be skipped from this count.

    6. No country based quotas: Again the same argument. When H-1B holders come into this country, they are not discriminated by country of origin. While applying for permanent residency, they are in strict quotas. Why put this restriction for Employment-based immigration? It is not logical and there should not be any country specific quotas.

    7. Exempting STEM: This is in the SKIL bill under consideration. Those with Ph. D, and Masters in Science/Technology/Engineering/Mathematics are allowed to adjust their status without waiting for VISA numbers.

    8. Increasing VISA numbers: This is a quick fix solution. What guarantee does it give that we do not find ourselves in this immigration mess again after five/ten years?

    If AFL-CIO supports these initiatives, it would be great for the cause of Immigration voice.:)

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  • mirage
    01-07 01:38 PM
    If you are talking about humanity than you should be concerned about the messacre of all the children accross all communities, why are you concerned about only muslim children, did you wake up when 1000's of Kashmiri Hindu children were messacred ? and if you are trying to tell us that muslim are peace loving and Israel is a war mongering nation, than please spare us. We don't have to look accross centuries of history of Islam to see how peace loving they have been, just pick up any day's newspaper and you can see where there is islam there is violence. India is suffering because of it's vote bank politics, they don't have will to deal with Terrorists, people in power are awarding terrorists, it's a failed country. India is trying to get somebody else to solve it's problem, that is why it's PM, foreign Minister etc. keeps prooving everyday that Mumbai blasts have Pakistan's hand, who cares ? who's asking for evidence ? Israel is a strong nation, it values it's citizens, it knows very well how to deal with terrorists..


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  • redcard
    12-23 12:03 AM
    I feel the mood getting a little lighter here and about time. What happened in Mumbia was dastardly and the responsible gotta pay. Lets keep the pressure and focus on it.

    What I dislike though is the attempt by extremists to generalize a group of people to make them less humane and easy for the other group to kill them or worse ethnic cleansing. The point you mentioned is very often quoted to scare/anger the majority. The muslims have been guilty of been easily misled too so this is not unique to hindus.

    Amen to the end of terrorism but India is way ahead of its neighbors. I do not even wish to compare us to our neighbors though I hope they wake up and get their act together

    I am sure that once muslim community or for that matter any community prospers the radicalism reduces. Unfortunately the religious muslim leaders dont want the community to get educated, prosper and westernized because than they would loose control..its precisely for this reason that the religious leaders of this community have for centuries scared the followers of the community with gods wrath if they changed. The Muslim religion has to become progressive and moderate.

    About the terrorism was thinking what options does India have to fight against this. Yes military action definitely is an option but it does more harm to India than to Pakistan. Attacking Pakistan, India has a lot to loose while Pakistan has nothing loose. It would make Pakistan from a failing state to a failed state, but would put India years behind as far as economy is concerned and create the biggest headache for India for decades to come. A military confrontation and weakening of Pakistan’s military establishment would let Pakistan slip fully into the hands of Religious fanatics and produce million more terrorist who will be a long-term headache for India.

    If one back goes back in the history, Pakistan has lost a lot more than India in the last three wars, and that is the only reason why the establishment in Pakistan including the Military has preferred encouraging and sponsoring cross border terrorism which is of very little cost to Pakistan but a constant headache to India. India has lost more from these terrorist attacks including Kargil war than they would if they had gone through a one time direct confrontation. I personally feel that if India does decide to go in for a military confrontation it has to be long term strategy to occupy the country and wipe out terrorism and help to nurture the economy so that prosperity and wealth creation takes a front seat and religion moves low in the peoples priority. In fact if Pakistan can ever have a strong economy and strong democracy, I am sure the country will move towards a moderate religious society. Lets face it, man is a very selfish being, it will never put its personal prosperity at stake for a larger cause even it that happens to be religion. An example of this is the Middle East Kingdom where the monarchs including the common folk is very possessive about personal wealth and will go to any extent to preserve it.

    The only way this can ever happen is by a willing global coalition, which is ready to be there for a long haul and not by India alone. If India did do a quick military action and left the country, Pakistan would move to become another Afghanistan creating the biggest headache for India for decades and decades to come and effectively dragging Indian economy and prosperity.

    Its sad that India let this headache linger on for so long, had it taken remedial action by taking control of complete kashmir and installing a pro Indian govt in 1971 we would not be confronting an nuclear dragon with very little option to fight it.

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  • anjans
    07-14 03:38 PM
    Missed point: The job needs to need that progressive experience and should call out to say that your job needs BS+5yrs. if it did the lawyers should not file EB3


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  • Madhuri
    04-05 08:12 PM
    I totally aggree with you. I am also from socal and a regular visior to irvinehousingblog.
    Currenly I am in apt and tired of living in apt, but I am definitely in no rush to buy and would probably find a good private home to rent.

    Please check your PM.

    I think you missed my point. I was not trying to connect the ARM reset schedule with write-offs at wall street firms. Instead, I was trying to point out that there will be increased number of foreclosures as those ARMs reset over the next 36 months.

    The next phase of the logic is: increased foreclosures will lead to increased inventory, which leads to lower prices, which leads to still more foreclosures and "walk aways" (people -citizens- who just dont want to pay the high mortgages any more since it is way cheaper to rent). This leads to still lower prices. Prices will likely stabilize when it is cheaper to buy vs. rent. Right now that calculus is inverted. In many bubble areas (both coasts, at a minimum) you would pay significantly more to buy than to rent (2X or more per month with a conventional mortgage in some good areas).

    On the whole, I will debate only on financial and rational points. I am not going to question someone's emotional position on "homeownership." It is too complicated to extract someone out of their strongly held beliefs about how it is better to pay your own mortgage than someone elses, etc. All that is hubris that is ingrained from 5+ years of abnormally strong rising prices.

    Let us say that you have two kids, age 2 and 5. The 5 year old is entering kindergarten next fall. You decide to buy in a good school district this year. Since your main decision was based on school choice, let us say that your investment horizon is 16 years (the year your 2 year old will finish high school at age 18).

    Let us further assume that you will buy a house at the price of $600,000 in Bergen County, with 20% down ($120,000) this summer. The terms of the loan are 30 year fixed, 5.75% APR. This loan payment alone is $2800 per month. On top of that you will be paying at least 1.5% of value in property taxes, around $9,000 per year, or around $750 per month. Insurance will cost you around $1500 - $2000 per year, or another $150 or so per month. So your total committed payments will be around $3,700 per month.

    You will pay for yard work (unless you are a do-it-yourself-er), and maintenance, and through the nose for utilities because a big house costs big to heat and cool. (Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti:))

    Let us assume further that in Bergen county, you can rent something bigger and more comfortable than your 1200 sq ft apartment from a private party for around $2000. So your rental cost to house payment ratio is around 1.8X (3700/2000).

    Let us say further that the market drops 30% conservatively (will likely be more), from today through bottom in 4 years. Your $600k house will be worth 30% less, i.e. $420,000. Your loan will still be worth around $450k. If you needed to sell at this point in time, with 6% selling cost, you will need to bring cash to closing as a seller i.e., you are screwed. At escrow, you will need to pay off the loan of $450k, and pay 6% closing costs, which means you need to bring $450k+$25k-$420k = $55,000 to closing.

    So you stand to lose:

    1. Your down payment of $120k
    2. Your cash at closing if you sell in 4 years: $55k
    3. Rental differential: 48 months X (3700 - 2000) = $81k

    Total potential loss: $250,000!!!

    This is not a "nightmare scenario" but a very real one. It is happenning right now in many parts of the country, and is just now hitting the more populated areas of the two coasts. There is still more to come.

    My 2 cents for you guys, desi bhais, please do what you need to do, but keep your eyes open. This time the downturn is very different from the business-investment related downturn that followed the dot com bust earlier this decade.

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  • whattodo
    07-11 01:58 PM
    Her employer was not willing for her to start before SSN, so we had to wait. I hope that this will not be a problem.

    That should not cause any problems.

    On another note, one can start working as long as he/she has applied for SSN. One does NOT need ssn at hand to start working.

    Not a legal advice.


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  • unitednations
    07-17 12:47 PM
    Here is a real example that is going on right now.

    Person came here on F-1. OPT expired May 2002. His h-1b was approved with a starting validity date of December 2002.

    He gets an rfe to give I-20 and prove status.

    Now: he had an I-94 card from F-1 with duration of stay. Therefore; he is not accruing unlawful presence. However; he was out of status from May 2002 to December 2002. About 7 months. At first glance; he is not eligible to get 485 approved.

    However; in response it will say that there is a grace period of 60 days from end of OPT which will allow him valid status until middle of July. Therefore; from middle of july until h-1b approval he was out of status. By our calculations he was out of status for about 165 days from the end of the 60 day grace period until h-1b approval.

    Now; since he only has a buffer of 15 days remaining; uscis could go from 2002- until 2005 when he filed 485 to see if they can get 15 days of out of status and deny his 485.

    Big problem for him is that he used ac21 and is self employed and not on H-1b anymore. If USCIS should deny his 485; he can't re-file because he is not in non immigrant status and even if he was; the visa dates are unavailable and he would not be able to get cooperation from old employer to re-file 485 anyways because they wouldn't cooperate. He wouldn't be able to get labor substitution because that is gone now.

    If they should deny his 485 then he has to get an h-1b approval for the remainder of his six years; he won't get an I-94 card because he isn't in non immigrant status; he would have to go for visa stamping and then start all over again.

    Not a good situation all around for him.

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  • GCwaitforever
    07-15 07:06 AM
    May be we should start an advisory service for H-1B immigrants on their rights, how to fight abusive employers etc ... Best way to go would be setting up a non-profit with initial discussions happening in a local community center hall (Church, Mosque, temple, public library, or even a local cafe). We could even recruit a kind-hearted lawyer on pro-bono basis. When we open chapters at every city where immigrant population is clustered, this will cover most of the immigrants.

    We are wondering why IV is not getting enough members enrolling. Setting up this non-profit would be a step in brining activisism in EB immigrants and from then on, they will be readily participating in fighting for their rights. Then we would have a grassroot support organization. Any thoughts/comments, please let me know.


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  • desi3933
    08-05 10:55 PM
    As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.

    Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.

    I was just reading all the posts which i did not get to read since morning when i left for work.

    To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:

    1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
    2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
    3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
    4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
    5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
    6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
    7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.

    I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.

    Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.

    You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.

    Thanks for your attention (or the lack thereof).

    So, what is your point? Why are you against PD recapture (aka porting)?

    Since you mentioned it, let me say few things about myself -
    1. I have graduate degree from IIT as well (IMHO its no big deal)
    2. I have Masters as well
    3. Took the job that pertained to my field of study
    4. I never paid a dime for my H1-B/GC processing. Infact employer paid for EAD and AP for spouse as well.
    5. I worked for Fortune 50 company (until last month)
    6. I had exactly the same medical/vacation/retirement benefits as other employees

    I did I-140 in eb3 and ported to eb2 with the SAME employer (in year 2000). I don't see anything wrong in PD recapture.

    PS - Last Month, I become independent consultant in my field and enjoying my work.

    Good Luck to you.

    Permanent Resident since 2002

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  • nogc_noproblem
    08-06 02:12 PM
    A man spoke frantically into the phone: "She's pregnant, in labor and her contractions are only 2 minutes apart!!"

    "Is this her first child?" asked the Doctor.

    "NO, YOU IDIOT" the man shouted, "This is her husband!"


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  • javadeveloper
    08-02 12:11 PM
    As long as you hadn't overstayed i-94 card by more then six months before you left and re-entered then you still have 245i protection in case uscis should dig further. Just pay the $1,000 penalty when they ask and you will get approved.

    245(i)/245(K) covers only upto 180 days(6 months) of out of status , the possible OOS issues are
    1.Overstay of I-94 card's date
    2.Unauthorized employment
    3.Staying without payslips (with some exceptions like Maternity,paternity,sick)

    http://www.murthy.com/adjsta.html click here for more info.

    USCIS will issue RFE/NOID and ask for explaination OR deny I-485 , I am wondering where this $1000 concept came from?? Correct me if I am wrong

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  • gk_2000
    07-29 05:51 PM
    100 thousand is not for a president to worry about. But 11-12 Million is a different story..

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  • langagadu
    02-12 06:45 PM
    Finally Pak agreed Mumbai terror attacks are partly planned on its soil. I hope they come back after few months and say ISI partly involved.


    03-23 03:23 AM
    Immigration uncertainties should not be a reason for not buying a house in the US. In my opinion it�s always best to buy a house considering it as a long term investment � You will eventually build equity even though the present US housing market is in doldrums.

    I played the housing game differently to minimize the risks associated with my present immigration scenario (I am on 8th year H1B with I140 pending since Oct 2006)...
    1) I did not buy an expensive place even though I could easily qualify for $500K mortgage.
    2) I put only 3% down payment on my mortgage instead of conventional 20%. It was a difficult decision to make due to PMI but I feel more secure with cash liquidity.

    I am an optimistic person but here is my realistic backup strategy if anything falls apart due to immigration (Worse case scenario) -

    1) Sell the house and move out of the US (Housing market conditions could be a determining factor)
    2) Rent the house (I don't think this should be a problem... LOCATION is the key)
    3) Go into Foreclosure (Highly unlikely but you are destined to be screwed anyways)

    Does anyone have a better backup plan? Please share here :)

    07-28 02:35 PM
    Come the November Elections, Dems could lose 10 in Senate..

    And we are back to square one.

    Dejavu 2007/2008 ;

    If this happens, no bill will pass, leave alone Immigration Reform.

    Republicans will keep sending bills and Obama will Veto 'em.

    But if you look past history, skilled immigration has had allies when Republican have been in power. Its a wrong notion that h1B/Eb people have that democratic party is for immigrant. Actually Democratci party is for the illegal masses only.