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  • DallasBlue
    09-29 07:22 PM
    USINPAC and AJC should support us for talented future lobbyists. :-)

    Forget the Israel Lobby. The Hill's Next Big Player Is Made in India (http://www.washingtonpost.com/wp-dyn/content/article/2007/09/28/AR2007092801350_2.html) By Mira Kamdar (miraukamdar@gmail.com) | Washington Post, September 30, 2007

    Mira Kamdar, a fellow at the World Policy Institute and the Asia Society, is the author of "Planet India: How the Fastest-Growing Democracy is Transforming America and the World."

    The fall's most controversial book is almost certainly "The Israel Lobby and U.S. Foreign Policy," in which political scientists John Mearsheimer and Stephen Walt warn that Jewish Americans have built a behemoth that has bullied policymakers into putting Israel's interests in the Middle East ahead of America's. To Mearsheimer and Walt, AIPAC, the main pro-Israel lobbying group, is insidious. But to more and more Indian Americans, it's downright inspiring.

    With growing numbers, clout and self-confidence, the Indian American community is turning its admiration for the Israel lobby and its respect for high-achieving Jewish Americans into a powerful new force of its own. Following consciously in AIPAC's footsteps, the India lobby is getting results in Washington -- and having a profound impact on U.S. policy, with important consequences for the future of Asia and the world.

    "This is huge," enthused Ron Somers, the president of the U.S.-India Business Council, from a posh hotel lobby in Philadelphia. "It's the Berlin Wall coming down. It's Nixon in China."

    What has Somers so energized is a landmark nuclear cooperation deal between India and the United States, which would give India access to U.S. nuclear technology and deliver fuel supplies to India's civilian power plants in return for placing them under permanent international safeguards. Under the deal's terms, the Nuclear Nonproliferation Treaty -- for decades the cornerstone of efforts to limit the spread of nuclear weapons -- will in effect be waived for India, just nine years after the Clinton administration slapped sanctions on New Delhi for its 1998 nuclear tests. But the Bush administration, eager to check the rise of China by tilting toward its massive neighbor, has sought to forge a new strategic alliance with India, cemented by the civil nuclear deal.

    On the U.S. side, the pact awaits nothing more than one final up-or-down vote in Congress. (In India, the situation is far more complicated; India's left-wing parties, sensitive to any whiff of imperialism, have accused Prime Minister Manmohan Singh of surrendering the country's sovereignty -- a broadside that may yet scuttle the deal.) On Capitol Hill, despite deep divisions over Iraq, immigration and the outsourcing of American jobs to India, Democrats and Republicans quickly fell into line on the nuclear deal, voting for it last December by overwhelming bipartisan majorities. Even lawmakers who had made nuclear nonproliferation a core issue over their long careers, such as Sen. Richard Lugar (R-Ind.), quickly came around to President Bush's point of view. Why?

    The answer is that the India lobby is now officially a powerful presence on the Hill. The nuclear pact brought together an Indian government that is savvier than ever about playing the Washington game, an Indian American community that is just coming into its own and powerful business interests that see India as perhaps the single biggest money-making opportunity of the 21st century.

    The nuclear deal has been pushed aggressively by well-funded groups representing industry in both countries. At the center of the lobbying effort has been Robert D. Blackwill, a former U.S. ambassador to India and deputy national security adviser who's now with a well-connected Republican lobbying firm, Barbour, Griffith & Rogers LLC. The firm's Web site touts Blackwill as a pillar of its "India Practice," along with a more recent hire, Philip D. Zelikow, a former top adviser to Secretary of State Condoleezza Rice who was also one of the architects of the Bush administration's tilt toward India. The Confederation of Indian Industry paid Blackwill to lobby various U.S. government entities, according to the Boston Globe. And India is also paying a major Beltway law firm, Venable LLP.

    The U.S.-India Business Council has lavished big money on lobbyists, too. With India slated to spend perhaps $60 billion over the next few years to boost its military capabilities, major U.S. corporations are hoping that the nuclear agreement will open the door to some extremely lucrative opportunities, including military contracts and deals to help build nuclear power plants. According to a recent MIT study, Lockheed Martin is pushing to land a $4 billion to $9 billion contract for more than 120 fighter planes that India plans to buy. "The bounty is enormous," gushed Somers, the business council's president.

    So enormous, in fact, that Bonner & Associates created an India lobbying group last year to make sure that U.S. companies reap a major chunk of it. Dubbed the Indian American Security Leadership Council, the group was underwritten by Ramesh Kapur, a former trustee of the Democratic National Committee, and Krishna Srinivasa, who has been backing GOP causes since his 1984 stint as co-chair of Asian Americans for Reagan-Bush. The council has, oddly, "recruited groups representing thousands of American veterans" to urge Congress to pass the nuclear deal.

    The India lobby is also eager to use Indian Americans to put a human face -- not to mention a voter's face and a campaign contributor's face -- on its agenda. "Industry would make its business case," Somers explained, "and Indian Americans would make the emotional case."

    There are now some 2.2 million Americans of Indian origin -- a number that's growing rapidly. First-generation immigrants keenly recall the humiliating days when India was dismissed as an overpopulated, socialist haven of poverty and disease. They are thrilled by the new respect India is getting. Meanwhile, a second, American-born generation of Indian Americans who feel comfortable with activism and publicity is just beginning to hit its political stride. As a group, Indian Americans have higher levels of education and income than the national average, making them a natural for political mobilization.

    One standout member of the first generation is Sanjay Puri, who founded the U.S. India Political Action Committee in 2002. (Its acronym, USINPAC, even sounds a bit like AIPAC.) He came to the United States in 1985 to get an MBA at George Washington University, staying on to found an information-technology company. A man of modest demeanor who wears a lapel pin that joins the Indian and American flags, Puri grew tired of watching successful Indian Americans pony up money just so they could get their picture taken with a politician. "I thought, 'What are we getting out of this?', " he explains.

    In just five years, USINPAC has become the most visible face of Indian American lobbying. Its Web site boasts photos of its leaders with President Bush, Senate Majority Leader Harry Reid, and presidential candidates from Fred Thompson to Barack Obama. The group pointedly sports a New Hampshire branch. It can also take some credit for ending the Senate career of Virginia Republican George Allen, whose notorious taunt of "macaca" to a young Indian American outraged the community. Less publicly, USINPAC claims to have brought a lot of lawmakers around. "You haven't heard a lot from Dan Burton lately, right?" Puri asked, referring to a Republican congressman from Indiana who has long been perceived as an India basher.

    USINPAC is capable of pouncing; witness the incident last June when Obama's campaign issued a memo excoriating Hillary Rodham Clinton for her close ties to wealthy Indian Americans and her alleged support for outsourcing, listing the New York senator's affiliation as "D-Punjab." Puri personally protested in a widely circulated open letter, and Obama quickly issued an apology. "Did you see? That letter was addressed directly to Sanjay," Varun Mehta, a senior at Boston University and USINPAC volunteer, told me with evident admiration. "That's the kind of clout Sanjay has."

    Like many politically engaged Indian Americans, Puri has a deep regard for the Israel lobby -- particularly in a country where Jews make up just a small minority of the population. "A lot of Jewish people tell me maybe I was Jewish in my past life," he jokes. The respect runs both ways. The American Jewish Committee, for instance, recently sent letters to members of Congress supporting the U.S.-India nuclear deal.

    "We model ourselves on the Jewish people in the United States," explains Mital Gandhi of USINPAC's new offshoot, the U.S.-India Business Alliance. "We're not quite there yet. But we're getting there."





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  • jonty_11
    05-29 08:27 PM
    Lobbying is like bribery - but legalized here in US....the smart people here didnt want to get caught....so legislators can make lobbyists like Jack Abramoff and ilk - scapegoats.....





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  • minimalist
    08-05 10:13 AM
    If you find enough people and have solid plan in place, I am willing to pay anywhere between $500 to $1000 towards the lawyer's fees....
    I am EB3-I and I have no intentions to port to EB2. But if you are planning to try to stop people who are willing to go through the hoops to get it done, all the best for you. In my opinion there is no legal ground for what you are trying.

    This is protectionism at it's best. Think about it.





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  • Macaca
    02-21 05:24 PM
    War on middle class is nothing less then a national crisis.

    I was listening to find out the exact statement they use: CNN is the best news on network. Turned off immediately.



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  • krishnam70
    08-14 11:32 AM
    Hi UN,

    Sorry to post here. I have posted in some other thread but no response.

    I just got my FP notice for Aug 23rd for myself,spouse and 8yrs old son.My wife and son is in India, we cancelled our trip back in May for my 485.We waited till we got our receipts,they went to India for some important work.At this point they cann't make it by Aug 23rd. They both have valid H4 I797 with them.

    Can you please advice, what is the best procedure to follow here.

    1. Can I take my FP and request to postpone of my wife & son ?
    2. Postpone for all three members, and request for a later date ?
    3. Can we go after Sep3rd with the old receipts dated for Aug 23rd 2007?

    Thanks In Advance,
    kSR

    There is another thread in this section that somebody posted that has the answers. You can take the Fp and request re-scheduling for your family giving the travel iternary copy and date(s) when they would be available





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  • GCScrewed
    07-13 06:04 PM
    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.

    I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.

    DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.

    Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.



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  • h1techSlave
    04-15 02:57 PM
    I just want to list the difference in your home purchase decision when you have GC vs. you are in H1B/EAD.

    GC - You can splurge a little. Even if you have to move, you are almost certain that you are able to move within the US, or will be able to come back to the US. You will get better interest rates on a mortgage and a higher percentage of financing (upto 97%). You can buy your dream home (this usually means a nice community, big house etc. etc.) Even if the value of your purchase comes down, you can afford to wait for a longer period of time.

    H1/EAD - Think 10 times before purchasing a home. Take a conservative approach. If you think you can really afford a $400,000 house, purchase only a $350,000 house. Prepare to pay around 8% down-payment (some times even 20%) and you may not get the best interest rate. Plan very well for the possibility that you may have to move within the US or even out of the country. And prepare some plans considering that you may have to go out of the US and may not be able to come back. Consider the possibility of renting a town home or a single family home. In this market, you can even find homes by paying a rent which could be some times lower than the mortgage on the home.





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  • vallabhu
    04-06 11:52 PM
    My understanding H1 B employers (mostly desi companies) are root cause of this situation by abusing H1 b program, they have made enough money by sucking H1 employees blood, now hey are equally affected it is time for them to share some of it and fund all the efforts to curb these kind of Bills.

    Please forward the text of this bill to all your employers and ask them to join hands with IV.



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  • dpp
    05-16 11:06 AM
    How wonderful that congress is finally introducing constructive bills to prevent 'consultants' mainly (but not only) from India from clogging up the H-1B visa system for honest skilled workers. The H-1B program is clearly intended for people WHO HAVE A SOLID FULL-TIME JOB OFFER AT THE TIME OF FILING THE APPLICATION. The whole body-shopping/visa abuse phenomenon is just disgusting. I wouldn't cry if any and all kinds of 'consultancy' activity were banned from the H-1B program. Someone stated that then they 'might as well lower the cap to 10.000/year'. Obviously not true. This bill clears out the infested issues of people illegally taking up visas on false premises. Good work!

    Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.


    These are all base-less statements.

    H1B program in not just designed for lazy full-time in-house foreign nationals. If an employer who can pay minimum wage (or more) given by DOL, they can recruit H1 and sponsor the visa.

    Do you know that 70-80% of H1Bs are on working on Consulting basis to complete the short-term/long-term assignments. They are the bread and butter of US IT business, not the full-time H1bs working in-house, who again takes a consultant to complete his job.

    May be some are abusing the law, but you have no right to say all of them are like that. Good and Bad will be there in any field/society/law. So, for that do not blame everybody working in that.

    I know several full-time H1Bs working in-house , but depends on outside consultants to do each and every work and they take the salary every month for doing nothing. So, with that i cannot say all full-time H1Bs are lazy and don't update their skills. There are exceptions to everything.

    Consultants are not like that, they work hard every hour and get paid just for the time they worked.

    Do not start the argument of dividing H1Bs. If you want, goto anti-immigrant sites and join with them. They will ditch you too someday.

    Support IV.





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  • Macaca
    05-16 05:52 PM
    China�s recent obstreperousness may yet backfire, frightening the United States and its Asian partners into doing more to balance against its growing power. For now, however, the alarming news is that China�s strategy seems to be working much better than America�s. Washington has made basically no progress in pushing China toward democracy, nor has it succeeded in persuading Beijing to abandon ambitions�like controlling the entire South China Sea�that threaten the interests of America�s allies. For its part, China�s Communist Party remains firmly in command. Meanwhile, as China�s economy and military have matured, it has begun to mount a serious challenge to America�s position in Asia.

    Beijing has now become the most important trading partner for the advanced industrial nations of Northeast Asia and Australia, as well the comparatively poor countries on its frontiers. It is a leading investor in infrastructure development and resource extraction across the region. These thickening commercial ties have already begun to complicate calculations of national interest in various capitals.

    China�s rapid economic growth has also enabled a substantial expansion in military spending. And Beijing�s buildup has begun to yield impressive results. As of the early 1990s, the Pacific was, in essence, a U.S. lake. Today, the balance of military power is much less clearly in America�s favor, and, in certain respects, it has started to tilt toward China. While its arsenal remains comparatively small, Beijing�s ongoing deployment of intercontinental ballistic missiles will give it a more secure second-strike nuclear capability. Washington�s threat to use nuclear weapons, if necessary, to counter Chinese aggression against its allies is therefore dwindling toward the vanishing point. As happened during the cold war, once the Soviets achieved a form of nuclear parity, the burden of deterrence will fall increasingly on the conventional forces of the United States and its allies. And, here, the trends are, if anything, more worrisome. Since the mid-1990s, China has been investing heavily in so-called �anti-access� capabilities to deter or defeat American efforts to project power into East Asia. People�s Liberation Army (PLA) strategists appear to believe that, with enough highly accurate, conventionally armed ballistic and cruise missiles, they could, in the event of a confrontation, deny U.S. forces the use of their regional air and naval bases and either sink or push back the aircraft carriers that are the other principal platform for America�s long-range power projection.

    If the PLA also develops a large and capable submarine force, and the ability to disable enemy satellites and computer networks, its generals may someday be able to convince themselves that, should push come to shove, they can knock the United States out of a war in the Western Pacific. Such scenarios may seem far-fetched, and in the normal course of events they would be. But a visibly deteriorating balance of military power could weaken deterrence and increase the risk of conflict. If Washington seems to be losing the ability to militarily uphold its alliance commitments, those Asian nations that now look to the United States as the ultimate guarantor of their security will have no choice but to reassess their current alignments. None of them want to live in a region dominated by China, but neither do they want to risk opposing it and then being left alone to face its wrath.


    When he first took office, Barack Obama seemed determined to adjust the proportions of the dual strategy he had inherited. Initially, he emphasized engagement and softpedaled efforts to check Chinese power. But at just the moment that American policymakers were reaching out to further engage China, their Chinese counterparts were moving in the opposite direction. In the past 18 months, the president and his advisers have responded, appropriately, by reversing course. Instead of playing up engagement, they have been placing increasing emphasis on balancing China�s regional power. For example, the president�s November 2010 swing through Asia was notable for the fact that it included stops in New Delhi, Seoul, Tokyo, and Jakarta, but not Beijing.

    This is all to the good, but it is not enough. The United States cannot and should not give up on engagement. However, our leaders need to abandon the diplomatic �happy talk� that has for too long distorted public discussion of U.S.-China relations. Washington must be more candid in acknowledging the limits of what engagement has achieved and more forthright in explaining the challenge a fast-rising but still authoritarian China poses to our interests and those of our allies. The steps that need to be taken in response�developing and deploying the kinds of military capabilities necessary to counter China�s anti-access strategy; working more closely with friends and allies, even in the face of objections from Beijing�will all come with steep costs, in terms of dollars and diplomatic capital. At a moment when the United States is fighting two-and-a-half wars, and trying to dig its way out from under a massive pile of debt, the resources and resolve necessary to deal with a seemingly distant danger are going to be hard to come by. This makes it all the more important that our leaders explain clearly that we are facing a difficult long-term geopolitical struggle with China, one that cannot be ignored or wished away.

    To be sure, China�s continuing rise is not inevitable. Unfavorable demographic trends and the costs of environmental degradation are likely to depress the country�s growth curve in the years ahead. And this is to say nothing of the possible disruptive effects of inflation, bursting real-estate bubbles, and a shaky financial system. So it is certainly possible that the challenge posed by China will fizzle on its own.

    But if you look at the history of relations between rising and dominant powers, and where they have led, what you find is not reassuring. In one important instance, the United States and Great Britain at the turn of the twentieth century, the nascent rivalry between the two countries was resolved peacefully. But in other cases�Germany and Britain in the run-up to World War I, Japan and the United States in the 1930s, and the United States and the Soviet Union after World War II�rivalry led to arms races and wars, either hot or cold. What saved the United States and Britain from such a clash was in part the similarity of their political systems. What made conflict likely in the latter scenarios were sharp differences in ideology. And so, unless China undergoes a fundamental transformation in the character of its regime, there is good reason to worry about where its rivalry with the United States will lead.

    Aaron L. Friedberg is a professor at Princeton University and the author of the forthcoming book A Contest for Supremacy: China, America, and the Struggle for Mastery in Asia

    Dr. K�s Rx for China (http://www.newsweek.com/2011/05/15/dr-k-s-rx-for-china.html) By Niall Ferguson | Newsweek
    The China Challenge (http://online.wsj.com/article/SB10001424052748703864204576315223305697158.html) By Henry Kissinger | Wall Street Journal
    Henry Kissinger on China (http://www.nytimes.com/2011/05/15/books/review/book-review-on-china-by-henry-kissinger.html) By MAX FRANKEL | New York Times
    Modest U.S.-China progress (http://search.japantimes.co.jp/cgi-bin/ed20110514a1.html) The Japan Times Editorial
    U.S.-China's Knotty but Necessary Ties (http://www.cfr.org/china/us-chinas-knotty-but-necessary-ties/p24973) By John Pomfret | Council on Foreign Relations
    Do Americans hold �simple� ideas about China's economy? (http://curiouscapitalist.blogs.time.com/2011/05/12/do-americans-hold-%E2%80%9Csimple%E2%80%9D-ideas-about-china%E2%80%99s-economy/) By Michael Schuman | The Curious Capitalist



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  • soni7007
    08-06 10:04 AM
    Personally I think "Obviously" response was derogatory and not funny at all.

    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

    Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

    Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.

    Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
    EB3 means there are a lot like u, so u gotta wait more. Period.





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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..
    http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=7322611&ch=4226720&src=news



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  • BondJ
    04-08 11:45 PM
    If this bill passes along with CIR, that gives the ability to file for 485 even without visa numbers being available, I think most of the placement companies would file for LC (PERM) as soon as they recruit someone (and get H1 approved). That would allow them to file for 140 and 485. Am I missing something here?





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  • ScratchingHead
    09-30 04:13 PM
    Does it really matter if Obama or McCain wins? I guess not. The government office still function the same way. I don't give a hoot who wins, as long as they improve the economy and create jobs.



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  • mariner5555
    04-15 04:18 PM
    I just want to list the difference in your home purchase decision when you have GC vs. you are in H1B/EAD.

    GC - You can splurge a little. Even if you have to move, you are almost certain that you are able to move within the US, or will be able to come back to the US. You will get better interest rates on a mortgage and a higher percentage of financing (upto 97%). You can buy your dream home (this usually means a nice community, big house etc. etc.) Even if the value of your purchase comes down, you can afford to wait for a longer period of time.

    H1/EAD - Think 10 times before purchasing a home. Take a conservative approach. If you think you can really afford a $400,000 house, purchase only a $350,000 house. Prepare to pay around 8% down-payment (some times even 20%) and you may not get the best interest rate. Plan very well for the possibility that you may have to move within the US or even out of the country. And prepare some plans considering that you may have to go out of the US and may not be able to come back. Consider the possibility of renting a town home or a single family home. In this market, you can even find homes by paying a rent which could be some times lower than the mortgage on the home. I agree with what h1tech has said ..and that is good advice. I guess there is enough info on this thread and hopefully people will take right decisions (so I will stop for the time being). btw ..nobody said bigger house is not better if everything else is constant .. maybe people are misreading things.
    and I guess inspite of all these arguments ..people will rush to buy ..which is good too ..as it helps the economy.. ( I guess some like to shoot themselves in the foot ..).
    http://biz.yahoo.com/ap/080415/foreclosure_rates.html
    note - ARMS will reset in may / june (the batch that is referred below) ..which means many of these will foreclose in early 2009.
    -----
    The onslaught of homes facing foreclosures has yet to ebb, a research report showed Tuesday, with bank repossessions skyrocketing last month as more troubled homeowners mailed in their keys and walked away.

    And the worst isn't over: the wave of adjustable-rate loans resetting to higher rates will crest in May and June. And that's expected to push more homeowners into default and foreclosure in the third and fourth quarters of this year, according to RealtyTrac Inc. of Irvine, Calif.

    "Once we're through that batch of loans, the worst will have been worked through the system," said Rick Sharga, RealtyTrac's vice president of marketing.
    He estimates between 750,000 and 1 million bank-owned properties will hit the market this year, or about a quarter of the homes up for sale. In some areas, these properties will continue to slow sales and depress prices further.
    ----------





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  • unitednations
    03-26 05:29 PM
    UN,
    Thanks for sharing your thoughts on this. As always, your time is highly appreciated.

    So I assume in the Baltimore case, the 485 eventually did get approved (or if still pending, the USCIS atleast okayed the switch back to the petitioning employer despite the 140 revocation).

    And yes, I am talking about cases where the 140 was revoked for genuine ability to pay reasons and not so the underlying labor could be substituted for someone else.


    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.



    more...


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  • Madhuri
    04-05 08:12 PM
    Jang.Lee,
    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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  • lfwf
    08-06 02:50 PM
    But you see, what YOU think RollingFlood wants cannot be achieved through a lawsuit. From what I and pretty much most of us understand from the letter of the law is that it allows for earliest priority date. A lawsuit cannot change the law. Also remember that GCs in the employment based category are given based on SPONSORSHIP by an employer. So an EB3 got an earlier priority date based on a labor petition that existed at some earlier period in time when RollingFlood, I, and plenty of others decided we wanted to get a PhD instead. That was OUR choice.

    Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.

    Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.

    To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!

    Also, just like you, I have no personal gain from this, one way or the other :-)



    I have desisted from posting here because all people do is give hystero-emotonal resposnses ranging from "advanced degree means nothing in law' to "his parents must have waived him goodbye". However recently I see some sane posts that actually consider the issues rather than the rhetoric and I feel constrained to point out that you are wrong.

    1. I cannot judge the merits of a lawsuit but the "equivelance" of an advanced degree is set at 5 years by regulation not law. That can be challenged in court. Again- I don't know if it will be thrown out, but it can be challenged all right. It would satisfy the goal of OP, whose primary grouse was with people who do not qualify initially for EB2, using the 5 years to both jump to EB2 and preserve their PD.

    2. The employment based system is actually stratified by "merit" or" "level of job difficulty" (rightly or wrongly so- that's a separate issue). So they are not different things. The preference categories are set up so that it's easist to qualify for EB3 and toughest for EB1. Therefore the jump that BS +5 takes to EB2 already gives them the advantage of a better cut off date in a smaller category. The PD porting magnifies that to the extent that genuine (adding this to avoid renewed attacks on the terrible things EB2 folks do to qualify) original EB2 filers are left at a huge disadvantage. I asked repeatedly why people who spent the same years getting adavanced education should be left behind. No one addressed that, instead gave me alternative sob stories about being wrongly placed in EB3. Two wrongs do not make a right! And I (at least) am not challenging the rights of people who initially could have qualified for an EB2 to port.

    And if its a free country OP has every right to question the regulation. Why have fits over it? How about analysing the issue itself instead and figuring out it's strengths and weaknesses? Do you think USCIS or Congress care that your attorney "made you file EB3"?

    3. EB2 NIW still gives you a PD only AFTER you complete your advanced education and prove yourself exceptional. Still the same EB2 line. EB1 similarly gives you a PD much later- of course for now it does not matter since its current- if it backlogs, expect the same questions from them.

    I fear this thread is fodder for anti immigrants. Virtually every EB3 here has questioned "most EB2's" classification and accused all of us of some kind of fraud. Really guys, be ashamed.





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  • brshankar
    08-06 10:52 AM
    Yes you are absolutely correct. He is only eligible in EB3 but I know of people who have applied in EB2.





    xyzgc
    01-01 07:48 PM
    earlier even I had views like yours (one of our close friend was killed in 1993 blasts) ,,but think with a cool mind ..war will just lead to loss of more lives, economy everywhere will be devastated and you get more hardcore idiots/fundamentalists ..you don't set a house on fire to kill few rats ..there are changes happening ..pakistan has killed many terrorists on its borders
    lets first see where we Indians are at fault ..which did congress (I) remove POTA, why were they (BJP included) advocating more train/bus tours with pakistan, why grant them visas at all ..why can't India fortify its borders (apparently politicians have tons of money for foreign tours and medical visits ..VP singh, kamal nath , there was one politician from Tamil nadu who spent crores and crores in a hospital in texas) ..why can't they give proper salary, weapons, immunity to police force ..why do they give special status to Indian muslims (instead of trying to integrate them in the main stream), why the HAJ subsidy ..I can go on and on ..lets first focus on changing these things before talking about war

    Yes, your points are valid. I agree with you. I have the same views and part of the frustration is that the govt doesn't do anything to improve the security. Folks just complain how incompetent the police is, but the police are never paid well, don't have enough arms.
    I wonder why they paid Govt employees so less, who will not be corrupt if you are paid so less...now the salaries are better. My dad was a never govt employee but I'm sad that Govt folks were so much underpaid!





    gapala
    06-08 09:42 AM
    It is very nice discussion.

    I am in process of buying forclosure home in SUWANEE ( Atlanata) area. I based on my survey and research feel that I am getting good deal(175 K price for 2800 sqft, 2004).by th


    Are you new to Atlanta area?



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