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  • gcnotfiledyet
    03-24 04:26 PM
    No problems with Universities. I was surprised to see how many h-1b's are actually held by universities.

    You would be even more surprised if you look at the LCA and the salary they pay. Its surprising how they can get away with it. But then they are cap exempt, so that says something.





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  • axp817
    03-26 05:50 PM
    I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on 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.

    So when they started picking on these other things, do you know what eventually ended up happening - denial/approval?

    I tried looking on immigration.com, a lot of hits came up when i searched for "baltimore AC21" but none of them were this particular case.

    Aren't there many consulting scenarios where the labor is filed in a certain state but the employee (although worked for the same employer) worked in another location on H-1B (with due LCA amendments of course). Is that not acceptable from a GC perspective?

    sorry, I don't mean to drag this topic on forever.

    thanks,





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  • nogc_noproblem
    08-06 06:40 PM
    The local bar was so sure that its bartender was the strongest man...

    ... around that they offered a standing $1000 bet.

    The bartender would squeeze a lemon until all the juice ran into a glass, and hand the lemon to a patron. Anyone who could squeeze one more drop of juice out would win the money.

    Many people had tried over time (weight-lifters, longshoremen, etc.) but nobody could do it.

    One day this scrawny little man came into the bar, wearing thick glasses and a polyester suit, and said in a tiny squeaky voice "I'd like to try the bet."

    After the laughter had died down, the bartender said OK, grabbed a lemon, and squeezed away. Then he handed the wrinkled remains of the rind to the little man.

    But the crowd's laughter turned to total silence as the man clenched his fist around the lemon and six drops fell into the glass.

    As the crowd cheered, the bartender paid the $1000, and asked the little man "what do you do for a living? Are you a lumberjack, a weight-lifter, or what?"

    The man replied "I work for the IRS."





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  • paskal
    04-09 11:47 AM
    The job description can be put in the way that points to your plus points. If you go the Harvard Biz. school you will have those. I dont think they want you to leave. There will be other avenues out there.

    pete,

    i am a physician and in the same boat as you. my employer searched high and dry before i came along. but you are missing something here. except universities that can hire the "best candidate", every other employer has to employ a citizen/gc applicant with the "minimum qualifications for the job". please revisit the rules if you do not understand this. your talent and extra skills count for nothing. employers cannot take the best applicant...if an LCA is needed. this is a very significant problem if applied to H1B renewals. Any tom dick and harry can displace you every 3 years. think about it please, not just your own situation. i am strongly in favor of H1B reform. i believe that this if linked with a bill like strive dramatically increase support for retrogression relief. however the reform needs to be thought through carefully. a 6 mnth LCA process for each renewal would kill us. let's not throw the baby out with the bathwater...



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  • learning01
    05-24 12:44 PM
    can you tell me why nurses and physio-therapists are brought on H1B visas, and once they are employed their GCs are applied straight away and UNDER NO quota.

    You seem to be liking one or part of Lou's argument. You are only seeing the trees. My friend, start to see the forest. The big picture of Lou.





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  • ssa
    06-23 04:53 PM
    Besides other errors in calculation which have been already discussed above, the numbers assumed here are unrealistic.

    First and foremost you can't get townhome in Cupertino for 500K. Even in this market 2br/2bth dingy condos in good school district in Cupertino (remember, even within cupertino there are different levels of school district, especially when it comes to high school) are going for 550K at least.

    Second for those condos HOA is on an average 400/mo so that's minimum 4800 per year not 3000.

    Also the biggest problem with this calculation is it is valid for the very first year ONLY. The 15K you get back from tax credit and 50% from the broker (IF you can get it in the first place) is only for the very first year. What are you going to do for the next 29 years? Unless you think you will own for just one year and then flip it (which is a suicidal plan in this housing economy) it does not make sense.

    Here is one calculation that might give you one more reason to buy...

    This is taking into consideration bay area good school district ....


    say you are currently in a 2 bedroom paying around $1900 rent (say cupertino school district)

    you buy a townhome for around $500k putting down 20%
    so loan amount is 400k
    @ 5% instrest your annual intrest is $ 20k.
    Say 3k HOA anually...
    Property tax....as a rule of thumb, I believe (and have heard from others) whatever poperty tax you pay comes back as your mortgage intrest and property tax is deductable.
    So not taking property tax into account....your annual expense is 23k.

    now here is the nice part....
    you get 8k (or is it 7.5k ?) from FED for buying a house (first time buyer)

    If you get a real estate agent who is ready to give you 50% back on the comission you can get back around 7.5k (assuming the agent gets 3% comission)...I know those kind of agent exist for sure !!

    There is something I have heard about CA also giving you 10k for buying new homes...but I am not sure of this so will leave it out of the calculations...

    so total amount u get back....8k+ 7.5k = 15k approx..

    1st year expense = 23k
    1st year actual expense = 23-15 = 8 k

    which mean monthly rent = 8k/12 = $666 per month (it is like paying $666 rent for a 2 bedroom in cupertino school district)

    Will the property value go up ? I do not know (I wish I knew)...

    Is there a risk ? I would think yes....

    Percentage of risk ? I would think keeping in mind current prices the risk is low...

    I am not telling that you should buy or not buy....just provided one piece of the calculation....-;)

    All the best !



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  • Macaca
    12-27 07:10 PM
    Dilip Kumar turns 88 (http://dailytimes.com.pk/default.asp?page=2010\12\28\story_28-12-2010_pg3_2) By Ishtiaq Ahmed | Daily Times

    The great thespian Dilip Kumar turned 88 on December 11, 2010. I had wanted to pay tribute to this larger-than-life megastar of Bollywood in my previous column but the tragedy in Stockholm made me postpone it till now. Thanks to YouTube I could follow some of the highlights of the birthday party from Stockholm. Among the many guests were veteran character actor Pran, 90 (started his film career in Lahore in a Punjabi film), and Dharmendra (also a Punjabi).

    His wife, once the beauty queen of Bollywood, Saira Bano, made very gracious remarks about her remarkable husband. The most touching was the warmth and feeling with which she narrated that 400 students of Khalsa College, Mumbai, where Dilip studied as a young man many, many years ago, donated 89 bottles of blood � one more than the 88 years that Dilip has completed � as a pious gesture to wish him a long life. For a very long time, Dilip sahib has been actively involved in charitable and philanthropic causes. On his first visit to Pakistan he was the guest of a blood donation organisation. Later, he has visited Pakistan to take part in Imran Khan�s campaign to raise funds for the Shaukat Khanum Memorial Cancer Hospital. In India, he is constantly involved in rendering service to movements dealing with the blind and other physically challenged human beings. He is truly a man with a golden heart.

    As an actor there is hardly anyone who has attained so much fame and won so many laurels as Dilip sahib. He was awarded the Dadasaheb Phalke Award in 1994 for lifelong contribution to cinema. Mian Nawaz Sharif, like the late General Ziaul Haq, is very fond of Indian films. As prime minister, Mian sahib indulged his artistic self by conferring the Nishan-e-Imtiaz on Dilip Kumar. Those were the days when Mian sahib was considered a peacenik and had developed close rapport with another Punjabi, Prime Minister Inder Kumar Gujral (originally from Jhelum).

    I remember being in Lahore in February-March 1999 just after Prime Minister Atal Bihari Vajpayee and Mian sahib had reached the Lahore Declaration, which was to usher in peace and prosperity between India and Pakistan. At some of the social gatherings the atmosphere was extremely positive to India-Pakistan trade. One industrialist convinced me that we would benefit most because while the Indians will get a market of 150 million we would get a market of one billion. Somebody must have been listening to all this and wanted to subvert such economist argumentation. So, the Kargil mini-war broke out in May 1999.

    After the Kargil showdown, Shiv Sena�s Bal Thackeray and his goons carried out a hate campaign against Dilip sahib, alleging that like all Muslims he is at heart a Pakistani. They demanded that he must return the Nishan-e-Imtiaz because Pakistan had committed aggression against India. Dilip did not give in to such blackmail. He retorted, �This award was given to me for the humane activities to which I have dedicated myself. I have worked for the poor; I have worked for many years to bridge the cultural and communal gaps between India and Pakistan. Politics and religion have created these boundaries. I have striven to bring the two people together in whatever way I could. Tell me, what does any of this have to do with the Kargil conflict?�

    I had the rare privilege of spending some three hours with him late evening on October 20, 2001. The famous actor of the 1970s, Raj Babbar (parents originally from Jalalpur Jattan, northern Punjab), had on my request arranged the interview. Originally it was meant to last not more than half an hour. However, once I was inside his sitting room and met him I could feel that Dilip wanted to talk to me more and more.

    To my very great surprise he wanted to conduct the conversation in his native Hindko, which to a Lahore-born like me was hundred percent Punjabi, but with a peculiar accent. We went over his long life, starting with Peshawar of course, where he was born as Mohammad Yusuf to the family of a fruit trader, Lala Ghulam Sarwar and his wife Ayesha. That trade brought his father to Maharashtra. Some years later Yusuf Khan became Dilip Kumar.

    He convinced me to have an omelette, saying that this way he could also join me otherwise Saira Bano was against him eating fatty stuff. I enjoyed watching him as he shared his heartfelt views about some people that I wanted him to comment on. He dispelled the rumour that he and Raj Kapoor had at any time been estranged from each other or been against each other. On the contrary, he told me that Raj Kapoor was always a steadfast friend and their Peshawar roots cemented that relationship on the family level. About the great Rafi sahib he told me that a gentler human being than him was difficult to find. He and Sunil Dutt (originally from village Khurd, Jhelum district) were next-door neighbours. Their families also met regularly and were very close to one another. He spoke very highly of Sunil Dutt, calling him a man of great courage and a very pure conscience. Equally he showered praise on Pran, calling him a man of lofty principles and integrity.

    I was tempted to probe his feelings about some of the female stars he had worked with, with some of whom rumours about amorous relationship had circulated. Then, I thought it would be trespassing into his private life and I would be abusing his hospitality. So, I did not broach that topic. I could however easily understand why so many women fell in love with this very fine specimen of Pakhtun ancestry.

    Politically he appeared to be very well informed. The Americans had just started aerial bombing of Afghanistan in retaliation for al Qaeda�s 9/11 terrorist attacks. He expressed great concern for the loss of life that such conflict entailed. Being from that region himself, he was worried that if the conflict escalated, the people of Khyber Pakhtunkhwa would suffer the most. It is amazing that at such an early stage he could foresee what was in the offing. I was quite surprised by his extensive reading of both Urdu and English literature and his interest in philosophy.

    The writer is Professor Emeritus of Political Science, Stockholm University. He is also Honorary Senior Fellow of the Institute of South Asian Studies, National University of Singapore.





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  • validIV
    06-25 02:26 PM
    Your second point of buying 3-4 homes with 20% down each and building equity on rent is the classic strategy to head into multiple foreclosures at once. This was the exact thinking that got so many real estate speculators in deep whole. Show me a single major city that has good amount of jobs (Bay area/Boston/Seattle) and where the monthly rent covers the monthly mortgage payment+property tax+home insurance. If that were the case all these homeowners would not be underwater, they would just give their houses on rent!

    I am not foreclosed and neither is anyone I know. Who do you know is foreclosed? Were they smart or stupid in their investment? How much did they put down? Did they crunch the numbers and do the math?

    You do not invest without a plan to cover all scenarios and you definitely do not invest beyond your means. The people that caused the meltdown and caused foreclosures couldnt afford the property to begin with. Is that you? Do you fit into that category? If so, do not buy.



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  • alisa
    04-07 01:23 PM
    Can there be a differentiation between extensions/renewals/company changes and new H1bs?

    In some sense there already is, since the former are not subject to cap, while the latter are.

    So, why not extend the same argument to other situations?
    Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.

    That way, they don't get rid of existing H1B employees.
    They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.

    You hit the nail in the head.

    Instead of getting rid of all H1B employees in one full swoop, this lobby wants to put law in place where new H1s will be mostly rejected due the "Consulting clause" and existing H1 employees will be hit in the head with a 2 X 4 when renewing H1, since the scrutiny and paperwork is the same for new H1, H1 extensions and H1 transfers. Same LCA filing, same I-129 forms.

    So instead of immediate purge, this is like getting rid of 5 to 10 thousand each month by making extensions and renewals and transfer impossible for those doing the consulting.

    Like the admin said, this is the slow bleed of H1B program where death is slow but not obvious and easily detectable.





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  • anand2007
    07-07 11:42 PM
    I wish you a good luck and hope that your issue will be solved. contact good lawyer soon.



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  • logiclife
    12-26 04:40 PM
    What Channel?





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  • nk2006
    09-29 05:10 PM
    Whoever the president is - Obama or McCain - our/EB immigrants fate is more in the hands of congress.

    I was just watching the outcome of financial bailout bill - it failed in the house despite having the support of current president and two presidential candidates. This is about the much hyped out bailout plan - the outcome of this bill for sure affects pretty much every american - this bill failed in house despite all the major leaders urging house members to pass it. This shows all politics are local. The reason for failure of this bill is its not that popular with people - opinion polls on the original bailout plan showed majority of people didnt like it and wanted to some changes, while the current bailout bill is different from it - still many of house reps are wary to vote in favor of it. Especially the reps who are up for tough election this November. They are concerned about their election and dont give a damn to their leader. I think it would be same for EB issues - we need to continue to lobby with congressmen and if possible push our EB only aspects in some bill (live visa recapture) because once our issues are combined with general immigration issue we will get run over for sure either by anti-immigrants or people like Durbin.

    The next president might set his/her broad immigration policies but as always devil is in details and these details are set by congress. Also if you observe our opponent organizations and the way they concentrate more on congressional elections rather than presidential elections - it becomes apparent that from EB (and other) immigration laws point of view there may not be much change in impact whether Obama or McCain is president. From their broad immigration policies I am sure either Obama or McCain will sign of any bill that favor more GC numbers (or recaptured EB visas) for EB immigrants. Of course it can get complicated with amendments from likes of Durbin but based on the merit of our issue, I think more congressmen would be voting in favor of our measures. The key is getting our measures pushed into any relevant bills.



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  • 485Mbe4001
    09-26 12:03 PM
    "I have no doubt in my mind that a Harvard graduate can get USA out of this economic turmoil. ":)
    i had to chime in, sorry but GWB is also a Harvard graduate. Only a Harvard Business graduate can get us in this turmoil ? :)

    Obama might be good, i dont know, i have yet to see a some good bills from him or concrete actions, but people like him and in the US perception and media support is everything. I think he will win. If might not be good for us because of the following
    a) Sen Durbin, is anti H1 and also anti GC (IMO)
    b) Massive support from labor unions. Just reading some of the statements from the the unions who support him indicate that they will want their pound of flesh after the elections. Watch out for those changes.
    c) If the democrats get a majority then there might be a chance (Reps dont have a chance of getting a majority), if the congress stays divided then the opinions are sharper and the same thing will happen again.
    d) CIR had little if any EB benefits, it was mainly for the illegals...we were simply added due to actions from IV and the rest.


    Yes, I would also love to see Sen Obama as President. I have no doubt in my mind that a Harvard graduate can get USA out of this economic turmoil. Obama presidency comes with a price for high-skilled immigrants because of the influence of Sen. Durbin on Sen. Obama on EB immigration issues. Past proposals from Sen. Durbin has scared the heck out of EB folks. If there is any changes to AC21 law like portability and H1 extensions, then many high-skilled immigrants might be sent packing because they cannot maintain status.

    I have been in this country for almost 10 years and still have a long way to go before I get my green card. A Green Card system that was devised for a wait time of few years, has been clogged and is taking decades for people to get Green Cards. On top of it if the rules of the game is changed (like that proposed in CIR), I certainly don't want to get into this black hole queue again. If I have to start over my GC process again I would rather start it else where other than USA. I am strongly inclined to start my Canadian PR process if I don't see any process improvement in the GC process in the next year. Decades of waiting for a Green card has taken the edge out of my creativity and innovative spirit. It has causes me to compromise on professional ambitions. Even after 10 years of wait for this never ending ordeal, I still have to spend thousands of dollars every year on immigration expenses. I still cannot commit to buying a house and settling down because of the uncertain future due to Green Card limbo.

    The luke warm reception to Lofgren bills by the Republican's have shown what we can expect if Sen. McCain becomes the President. Why did the so called maverick who supposedly supports immigration let the Lofgren bills die in the committees, while Republicans filibustered the bill in all the markup sessions. Sen. McCain has forgotten the word immigration after he has become the Republican nominee.





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  • copsmart
    01-01 09:39 AM
    Wish You All a Happy and Prosperous New Year.

    May god give this world the strength and courage to tackle Pakistan and its terrorist activities.

    World Peace!



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  • rimzhim
    02-23 08:52 AM
    here is someone who gives the real picture.

    http://www.tuftsobserver.org/news/20070223/four_myths_about_immigrat.html
    i doubt that this is the real picture. it is one opinion and full of nonsense. the article tries to defend illegal immigration. that kind of an attitude will never help us who are trying to immigrate legally. also just because legal immigration is a long and difficult process does not mean that it is okay to break the laws and become illegal. those who came here illegally could never have come legally on EB visas. so this kind of rubbish no one will buy.





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  • ssa
    07-14 09:16 PM
    I'm not from PERM. I got my labor approved the old way. In any case, this is far different from your own wording in the petition which implies *DOL* suggested that you apply in EB3. From you own post what happened was DOL rejected EB2 application and then the applicant re-applied in EB3. The very fact that PD could not be ported among the two applications shows that these two application were completely unrelated which again goes against your petition's stand there is no real difference between most of those stuck in EB3 backlog and EB2.

    I'm neither trying to split hairs here nor trying to pick a fight with you. All I'm trying to say if you are planning to send hundreds of petitions to government agencies like DOL and USCIS they better be factual and accurate or else we may end up inviting more troubles unintentionally. That's why the title "Devil is in the details"!

    Oh yes...today there are people who applied in early 2001(EB2-RIR) ...and waited untill end of 01 to get a NOD from DOL and then re-applied again in mid of 02 without retaining thier original PD of 01(EB3 Non RIR)..do you know?..most of you are from PERM that's why you are finding it odd ..!..DOL while sending back these cases did not let them retain thier PD's..

    we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..

    :)



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  • jaocanada
    07-17 02:08 PM
    Manub,
    Our prayers are with God to get you and your family out of this difficult period. I know of a close friend who went thru a similar situation regarding distress sale of the house but finally it all worked out. So keep the faith and be strong. Good luck.



    Hi,
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.





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  • Macaca
    04-08 05:24 PM
    I will not get time to read the bill. Please let me know if I am correct on the following and/or I have missed something important. Thanks!

    1. More stringent conditions on hiring H1B.
    2. H-1B employees can not consult: outplacement at client site is illegal.
    3. Company can not have more then 50% H-1B employees.
    4. More stringent checks by DOL when H1B is employed.
    5. H1B extension has to go through LCA (applicable to persons already on H1B).

    Further, it may be implemented arbitrarily (unspecified parts) by USCIS.





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  • ssa
    06-23 04:53 PM
    Besides other errors in calculation which have been already discussed above, the numbers assumed here are unrealistic.

    First and foremost you can't get townhome in Cupertino for 500K. Even in this market 2br/2bth dingy condos in good school district in Cupertino (remember, even within cupertino there are different levels of school district, especially when it comes to high school) are going for 550K at least.

    Second for those condos HOA is on an average 400/mo so that's minimum 4800 per year not 3000.

    Also the biggest problem with this calculation is it is valid for the very first year ONLY. The 15K you get back from tax credit and 50% from the broker (IF you can get it in the first place) is only for the very first year. What are you going to do for the next 29 years? Unless you think you will own for just one year and then flip it (which is a suicidal plan in this housing economy) it does not make sense.

    Here is one calculation that might give you one more reason to buy...

    This is taking into consideration bay area good school district ....


    say you are currently in a 2 bedroom paying around $1900 rent (say cupertino school district)

    you buy a townhome for around $500k putting down 20%
    so loan amount is 400k
    @ 5% instrest your annual intrest is $ 20k.
    Say 3k HOA anually...
    Property tax....as a rule of thumb, I believe (and have heard from others) whatever poperty tax you pay comes back as your mortgage intrest and property tax is deductable.
    So not taking property tax into account....your annual expense is 23k.

    now here is the nice part....
    you get 8k (or is it 7.5k ?) from FED for buying a house (first time buyer)

    If you get a real estate agent who is ready to give you 50% back on the comission you can get back around 7.5k (assuming the agent gets 3% comission)...I know those kind of agent exist for sure !!

    There is something I have heard about CA also giving you 10k for buying new homes...but I am not sure of this so will leave it out of the calculations...

    so total amount u get back....8k+ 7.5k = 15k approx..

    1st year expense = 23k
    1st year actual expense = 23-15 = 8 k

    which mean monthly rent = 8k/12 = $666 per month (it is like paying $666 rent for a 2 bedroom in cupertino school district)

    Will the property value go up ? I do not know (I wish I knew)...

    Is there a risk ? I would think yes....

    Percentage of risk ? I would think keeping in mind current prices the risk is low...

    I am not telling that you should buy or not buy....just provided one piece of the calculation....-;)

    All the best !





    bhatt
    06-07 02:03 PM
    I noticed that the $8k and $10k for California (which began in March 09) stimulus is taken by builders for their benefit. How did they do it?

    When I bought a house in March 09, the builder offered me great discounts (20k off the purchase price, interest buy down to 4.5%) and freebies (fridge, blinds, washer/dyer) so I took it. I bought the house for less than $90 per sq. ft.

    After the $8k Fed. and $10k California stimulus have passed, builders use that as their sales pitch to attract buyers and removed their previously offered discounts (some still offers discount though but offset the stimulus benefits).

    So, I believe that the builders/sellers are the real winner in the stimulus, not the buyers.

    Exactly, The realtors and the banks are too the beneficiaries for the 8k, not the buyers.
    So don't buy the house for the sake of 8k. and Don't buy the home as an investment!





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

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



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