الجمعة، 1 يوليو 2011

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  • ShantiRam
    07-11 09:12 PM
    My employer back in 2001 and 2002 did not pay me in a consistent way..I was paid once in every three months during the time I was in bench. I have the W2 returns from those two years which shows average income of only 29K. However I had valid visa status and h1b approval from my employer as well as employment verification letter from them. Now i am with a new employer since 2003 and do not have any problems with them and get paid regurarly. After reading manub's post I am also worried if my I485 will be denied whenever I apply for it... or is there somethings I can take care of before? It is not my fault that the employer did not pay me consistently - right?

    Anyone - united nations - please advice.




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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 ??


    True.

    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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  • unitednations
    03-25 01:11 PM
    UN I think you are hyping up the current situation too much.

    Yes there are raids and arrests,

    But it is not so bad. You are saying as if everyone in consulting is getting denied. If it was so bad, all immigration forums would have been filled up with denial posts and cries for help. Maybe you have encountered people who only faced denials and not the entire spectrum. Thus your judgement may be influenced.

    I'm not one of those alarmists because many "people can't sleep" when they have immigration issues.

    Howeve; I very rarely give very specific examples, or post the RFE;s, denials because USCIS/DOL do go around and peruse the internet looking for information.

    Within IV there is a number of postings of h-1b denials.

    You will see plenty more. If a company responds to the rfe with a middle man purchase order; denial will come quickly; if purchase order is in different location of LCA (LCA has to be certified covering the work location prior to filing of h-1b) then verry quick denial.

    However; in most other cases it is taking vermont service center long tim to send rfe and then long time to deny after response to rfe.

    Check out greg siskind blog; where he reported another lawyer got internal memo of how to scrutiinize h-1b's for staffing compoanies; check matthew oh blog from last year when he reported massive rfe's coming fom vermont service center.

    I don't take things lightly. I'm pretty plugged in as to what is going on. I started discussing this last year and told peopl with extensions that they better file it early just to preserve more options if something should go wrong.

    check around with your companies, friends, etc.




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  • hiralal
    06-11 11:19 PM
    Mortgage of $95 dollars in California ????? man, even I would have purchased a house there ..once the honeymoon is over (100 dollar rent), even a kid can guess where this house will end up (and she wants help from govt ???) ..wonder how many such loans were bundled ..and how many houses will end up in foreclosure ?

    http://www.bloomberg.com/apps/news?pid=20601109&sid=aQ_ZgC75Zfyw

    --------------
    Will the coming wave of OptionARM mortgage resets look like the wave of subprime defaults?

    This Bloomberg piece paints a sobering picture of where things are at, and it's clear right off the bat why the resets are going to kill a number of buyers:

    Shirley Breitmaier’s mortgage payment started out at $98 when she refinanced her three-bedroom home in Galt, California, in 2007. The 73-year-old widow may see it jump to $3,500 a month in two years.

    Breitmaier took out a payment-option adjustable rate mortgage, a loan popular during the housing boom for its low minimum payments before resetting at higher costs later.

    We're not sure what the housing market is like in Galt, California, but if we had to guess, Ms. Breitmaier is pretty under water right now, and a refi is probably out of the picture. Now this might not kill the banks -- after all, the chart below is well known and we're guessing that much of their portfolio has been slammed accordingly. But in terms of flooding the market with foreclosed home, slamming prices, it's too early to believe that it's all priced in.

    And generally, the effect that will have on the economy and consumer confidence will be brutal:

    The delinquency rate for payment-option ARMs originated in 2006 and bundled into securities is soaring, according to a May 5 report from Deutsche Bank AG. Over the past year, payments 60 days late or more on option ARMs originated in 2006 have almost doubled to 42.44 percent from 23.26 percent, Deutsche Bank said. For 2007 loans, the rate has climbed from 10.1 percent to 35.25 percent.

    “We’re already seeing much higher levels of delinquencies of these option ARM loans even before you reach the point of the recast,” said Paul Leonard, the California director of the non- profit Center for Responsible Lending.

    The threat of soaring payments has counselors at Housing and Economic Rights Advocates busy.

    “There’s a level of hopelessness to the phone calls now,” said Brown.

    -----------
    More than $750 billion of option ARMs were originated in the U.S. between 2004 and 2008, according to data from First American and Inside Mortgage Finance of Bethesda, Maryland. California accounted for 58 percent of option ARMs, according to a report by T2 Partners LLC, citing data from Amherst Securities and Loan Performance.

    Shirley Breitmaier took out a $315,000 option ARM to refinance a previous loan on her house.

    Her payments started at 3/8 of 1 percent, or less than $100 a month, according to Cameron Pannabecker, the owner of Cal-Pro Mortgage and the Mortgage Modification Center in Stockton, California, who is working with Breitmaier. The loan allowed her to forgo higher payments by adding the unpaid balance to the principal. She’ll be required to start paying principal and interest to amortize the debt when the loan reaches 145 percent of the original amount borrowed.

    ‘Pick a Pay’

    Such terms aren’t typical for option ARMs, which were also known as “pick-a-pay” mortgages. Interest rates on many payment option ARMS are “typically very low in the first one to three months” and can be as little as 2 percent, according to Federal Reserve data.

    Breitmaier, who has been in the home for 45 years and lives with her daughter, now fears she will lose the off-white stucco house that’s a hub for her family.

    “I wish the government would bail us out like the banks and the car businesses,” she said. “I’d like to go from here to the grave next to my husband.”

    Paul Financial LLC originated the loan and it was sold to GMAC, Pannabecker said.

    “This loan is a perfect example front to back, bottom to top, of everything that has gone wrong over the last five to seven years,” Pannabecker said. “The consumer had a product pushed on them that they had no hope of understanding.”



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  • sc3
    07-14 10:35 AM
    There is a lot of FUD being spread around this thread. Let me try to dispel one.

    1: Reverting rollover will only benefit EB3-ROW.

    WRONG!!. As stated in other threads the spillovers are used on whoever has been waiting the longest. That is the guiding principle that is allowing EB2-I getting the GCs ahead of China. If not it was high time the Chinese priority date becomes current. If we revert back the spill-over utilization, whoever has been waiting the longest, gets the GC first. So stop your FUD.


    People dont get sidetracked by the nay-sayers. If you would like to write to anyone, do write. If not anything else, we will at least get to hear back from the people whom we wrote to.

    People who are saying "IV does not support it, do dont do it". Excuse me, IV does not run our lives. If we want to help ourselves, we ought to be able to do it. Yes, we should not use IV's name without its authorization, that is wrong.

    People who say, I am EB3, but I think EB2s are right (in the sense that they are more entitled, they need to get the visas ahead of us etc. etc), good for you, but dont pull down those who don't agree with you. We have a brain to think for ourselves.




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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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  • unitednations
    03-24 02:39 PM
    UN - why do you think USCIS allows

    (1) File for h1b from consulting company - when they think there is an issue
    (2) Allow labor substitution - when they think it is not good
    (3) Allow eb3 to eb2 porting - when they think it is not good
    ....
    ....
    ....

    the list can go on

    Why do you think people who are following law - not liked by USCIS?

    I am not blaming USCIS or not poking at them or your interpretation.

    I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.

    Right now USCIS is giving everyone a hard time.

    I didn't even think that getting rid of labor substitution was a good thing. Much of the issues related to labor substgitution had to do with IT jobs. Although IT jobs take up a good number of greencards; it impacted other companies/people who weren't doing anything wrong with it. It was a first step in making eb harder.

    I am a pretty good advocate of the staffing companies. Kill staffing companies and h-1b and employment base greencard is finished for people from india. I don't think many people realize the implications of what is going on. Staffing companies are the lifeline for employment base IT and for nurses. Thre would be no more retrogressoin as people wouldn't be able to come here. All the people who are here in so called permanent jobs will also eventually get squeezed (laid off; company mergers; promotions; more rules like tarp, etc., and they will eventually also stop doing greencards except for the most senior of senior people).

    People really need to be careful right now.




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  • kevinkris
    02-18 04:22 PM
    Hi Macaca,

    Thanks for all info about lobbying. The concept is good for changing laws based on public opinions but i think it's misused to pass the laws from businesses who have money. Like these big oil and automobile companies.. huh..

    Thanks,
    Kris



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  • rockstart
    07-14 12:47 PM
    USCIS has not changed any law they have re-interpreted an existing law which was unclear and some folks have said that CIS interprets laws based on inputs from congress to understand the intent behind the law. If you complain to CIS that you have changed law they will send you a polite reply that we do not make any laws we just implement it.

    Bear this in mind. We are not opposing because EB2 is getting the number, we are opposing because USCIS arbitrarily changed the law -- without any legislative approval. Remember, they changed the OPT rules and they are now facing lawsuit.




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  • nixstor
    11-12 08:31 PM
    Regardless of the power shift in Congress, the cheap foreign labor lobby is coming on strong, pushing for legislation that would dramatically increase the number of foreign workers allowed into this country under existing guest worker programs.

    Bill Tucker reports.

    (BEGIN VIDEOTAPE)

    BILL TUCKER, CNN CORRESPONDENT (voice-over): Microsoft's Bill Gates this week fired the first shot in the coming fight for more cheap foreign labor. Gates warning of a shortage of high-tech workers that his company needs to be competitive.

    His solution? Bringing in more foreign workers.

    Critics say he's got it wrong.

    STEVE CAMAROTA, CENTER FOR IMMIGRATION STUDIES: If we have a shortage, then the solution is to let the labor market be tight and more Americans will be attracted to those jobs as wages rise. If American business really feels that we're not teaching enough math and science in school, they need to pressure the political institutions to do a better job of teaching our kids.

    TUCKER: Congress has a different solution. It's known as the Skill Act of 2006. It would nearly double the current cap on H1B visas and allow for a 20 percent increase every year after the previous year's quota was met, virtually guaranteeing an endless supply of lower-paid workers from overseas.

    A study by Georgetown University found that the total potential number of new tech visas created by the Senate bill would by 1.88 million over the next decade. But the Bureau of Labor Statistics only projects a need for 1.25 million workers in computing and engineering fields. That's more visas than jobs.

    Worker advocates say Congress is ready to sole a problem that doesn't exist.

    KIM BERRY, PROGRAMMERS GUILD: We don't see any evidence of a shortage. A shortage under the laws of supply and demand would be an increase in wages, it would be body shops or headhunters stealing employees from other companies.

    TUCKER: And that's not happening.

    (END VIDEOTAPE)

    TUCKER: No. In fact, wages are stagnant and declining. A study published by "BusinessWeek," in fact, found that the starting wages for computer scientists and engineers fell 12 percent or worse, Lou, from 2001 to 2005. It doesn't sound like a tight labor market to me.

    DOBBS: No, it's just going in the opposite direction.

    You know, at some point these people have got to be a little embarrassed by their shoddy economics and their lack of, let's say, integrity and intellectual honesty in what they are doing here. And perhaps at some point find a conscious in corporate America about what they are doing to working men and women in this country. You would think it would happen -- we hope sooner rather than later.

    Thank you, Bill Tucker.


    Wass up between these dudes? Lou and Kim? Are they buddies or more? :) .. damn.. He gets him on to his show so often as if Kim B is a prominent person. Why the hell doesnt he let America hear the other side of the story?? I mean not in this article.. in general.



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  • chanduv23
    03-24 04:32 PM
    I think it is mainly for graduate students who are researchers or professors right?

    I know my brother went this route and the graduate students/post doctorate students don't get paid much. I thought that was changing though.

    it can be for Physicians, professors, reseaerch, teaching etc..




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  • Macaca
    03-06 09:03 PM
    Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html) Report of the Visa Office

    The Report of the Visa Office is an annual report providing statistical information on immigrant and non-immigrant visa issuances by consular offices, as well as information on the use of visa numbers in numerically limited categories.

    APPLICATIONS FOR IMMIGRATION BENEFITS (http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Aug07. pdf)
    Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/xabout/structure/editorial_0482.shtm)

    CIS Ombudsman's 2007 Annual Report to Congress (http://www.dhs.gov/xabout/structure/gc_1183751418157.shtm)
    CIS Ombudsman's 2006 Annual Report to Congress (http://www.dhs.gov/xabout/structure/editorial_0890.shtm)
    Annual Report 2005 (http://www.dhs.gov/xlibrary/assets/CIS_AnnualReport_2005.pdf)
    Annual Report 2004 (http://www.dhs.gov/xlibrary/assets/CISReport_to_Congress.pdf)

    Spotlight on Legal Immigration to the United States (http://www.migrationinformation.org/USfocus/display.cfm?id=651) By Gretchen Reinemeyer and Jeanne Batalova | Migration Policy Institute, November 2007
    Yearbook of Immigration Statistics (http://www.dhs.gov/ximgtn/statistics/publications/yearbook.shtm)
    Annual Flow Report

    U.S. Legal Permanent Residents: 2006 (http://www.dhs.gov/xlibrary/assets/statistics/publications/IS-4496_LPRFlowReport_04vaccessible.pdf) By KELLY JEFFERYS
    U.S. Legal Permanent Residents: 2005 (http://www.dhs.gov/xlibrary/assets/statistics/publications/USLegalPermEst_5.pdf) By KELLY JEFFERYS AND NANCY RYTINA



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  • paskal
    07-14 04:57 PM
    if people have to debate this issue, surely we can do it without needless slander and accusations?

    i agree with GC applicant, words like that do not sound right and have no place here please.

    btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.

    i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.





    Comments like heartburn ,jealousy over friends in EB2 does not sound right.There are my friends who have learnt from my mistake.

    Its neither appropriate to exclaim like this.Whateverthe case may be it is ofcourse injustice to EB3.

    Your reactions for the frustrations of EB3 is really the worst part you are doing for your own community.

    Why were you silent when EB3 Row were receiving ? Did you know at that time the vertical and horizontal interpretations.Bringing out the problem when its over is of no use either.

    Great ! Very nice wonderful own kind around.You want your GC right ,dont worry.

    This shows nature,when own kind dont respect others neither will outsider.




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  • willwin
    07-14 08:09 AM
    willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first.
    Whether EB1 is presently retrogressed or not doesn't matter.
    Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
    Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.

    fine, then why are we working so hard to remove the per country limit? That was set by law too!!!

    We can't pick only those options that would favor us. Sometimes changes bring hard-luck.



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

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


    ....................................
    My little contribution - $220 till date
    Flower Campaign + Sending letter to the President


    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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  • Pagal
    06-05 03:00 PM
    This is your justification for renting? ....Which is why you will always be paying owners like me for a roof to live under.

    Hello ValidIV,

    Good for you that you are making some money off the real estate investments....but why generalize?

    The right decision on whether to buy or rent depends on many factors including your financial capabilities, location, taxation and future plans.

    For some, renting makes financial sense, for others buying! :)



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  • ohpdfeb2003
    06-27 11:11 AM
    hpandey,

    Excellent points!

    Hirala/puddonhead,

    You guys are still going by popular news article and media hype. You fail to understand the ground reality. I bought my house last year in a great school district. I used to pay $1,250 rent for a single bedroom condo of 800 sq ft. I could have as well flushed that money down the toilet. My house now is 1600 sq ft living area + completed basement + garage + deck, all for $2,500 (mortgage + insurance + tax). I'm in the 30% tax bracket and I know I'll get a huge tax benefit. My quality of life has been great with the addition of space in my dwelling.

    I'll have to reiterate - do not generalize your opinions. What's happening in Detriot is NOT happening everywhere!

    EDIT: The rent in my area for my home is of course not $2,500 but between $1,800 to $1,900. After tax deduction I'll be paying the same amount (or a tiny bit more) as a renter. If my home apprecites, I gain, if it doesn't, I DON'T lose anything. But I were a renter, my loss is guaranteed!

    Its not logical to think of rent as money flushed down the toilet. It is the money you pay for a service aka for a service that provides shelter without any maintanance involved.

    Is the money that you are paying as interest for mortgage money flushed down the toilet???:rolleyes:

    Taxdeduction is overrated, remember everyone gets a standard deduction, so even if you
    dont have mortgage you get a break.




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  • pappu
    07-15 06:55 AM
    Why do you write 'I know this mess is depressing for EB3 folks' ?
    Is IV not with Eb3 folks? Or are they not important.

    Let me clear somethings.
    Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.

    What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
    Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.

    So, why would you not fight for us?

    If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?

    Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.

    Answering some of the posts:
    Decisions taken by an employer to file in EB3 or advice by the lawyer to file in EB3 instead of EB2 (even if you disagree with the lawyer) cannot be the basis for administration to change the rules. It is an 'employment based' system and employer files the petition for the employee. You cannot write in the letter to DOS that your employer filed for EB3 even though you qualify for EB2 and thus you are entitled for xyz. Administration can only work within the legal limits. They cannot create more visas. If you are going to ask for more visas, they will tell you it will be done via a bill so that the law is changed and EB3 gets more visas. And thus we have to go for bills like recapture, STEM exemption and country caps. We already ran the admin fix campaign precisely for that reason to get things that we can get without changing the law. Recapture was added after much thought even though we knew it is a long shot. If we want more visas, then it has to be done legislatively. If we plan to do something via administration, then our list of items must be thoroughly researched they must offer solutions within the current law. It should merely be a regulation that provides guidance on the current law. Each item in the admin fix campaign did that.

    And please stop taking out your anger on IV or each other. Take it out on the system that has caused problems for all of us and help each other fix this system. IV is everyone and we need to work together to fix it.




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  • mariner5555
    04-06 06:55 AM
    Land cannot be manufactured. The population is growing by the day and people need a place to live. So the space is at a premium here. The housing market maybe down because of the sub-prime crisis and the banks going out of business. But eventually it has to come back. Maybe this market is not for people who are looking to invest.

    Look at india for instance: whatever state the economy is in, the housing always booms because of the supply/demand factor. Eventually US will reach that stage unless otherwise the population shrinks.
    land cannot be manufactured but look around. US has a massive excess of land compared to its population. what you say about India is correct(to some degree but there are local bubbles out there too)..US will never have that ratio of people / land. especially you don't know what the trend is going to be with the baby boomers ..will they sell their houses and live in mexico ..you never know (so cannot predict). price of land will go up over long long term (due to inflation) but in the short term it is DOWN DOWN and DOWN. if one can wait for a year then they should wait ..and if you do a analysis of costs ..renting is not throwing off yr money ..you get a place to stay (a place which has mobility, less maintenance etc). Especially if you are in banking or related sectors ..just wait ..u don't know who will collapse next.
    btw for central NJ (not familiar with that area) ..the price projection in next 5 years is still down.
    http://money.cnn.com/magazines/fortune/price_rent_ratios/
    here is another point from earlier post
    ------------
    Because the baby-boom generation is so much bigger than succeeding generations, the ratio of people in the retirement years, 65 and older, to those in the working years, 20 to 64, will rise from 20.6% in 2005 to 35.5% in 2030, according to the Census Bureau.

    For most people, the house they live in is their biggest retirement asset. In retirement, people cash in on the value of their homes by selling and then buying less expensive houses, renting or moving in with the kids.
    -----------




    Marphad
    03-26 05:31 PM
    Does this mean that H1B is also location specific?

    I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.

    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.




    Ramba
    08-05 03:25 PM
    Please stop with this. this is truly offensive. Many of us happen to be truly qualified beyond your clarly limited imagination. Not all of us are in IT, not all of us work in body shops and NOT all of us deal with fraud in our lives. If a few do, then go chase the, and stop tarring us all with the same brush. This is really akin to my saying (and I'm not saying it) that all EB3 folks are just IT diploma holders working for body shops and the whole category is just a fruad. How does the tarring feel now?


    I said most of the case. Not all. Ofcouse, most of the bodyshoppers does this abuse. Like labor subsitution, creating a duplicate job just to file EB2 etc.. I am not blaming good US employers and employees. There are tons on non-IT genuine EB2 cases are there..



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