Saturday, July 2, 2011

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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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  • validIV
    06-05 05:43 PM
    Just an offtopic response, I used to trade options, which is far better than margin. Options give you 5 to 20 times leverage. And if you want more leverage, futures can give you 100x more. But my experience is the higher the leverage the more risk you are willing to take which is BAD. I have lost over 60k net (excluding fees) in options trading which I claim every year (max of 3k). I will admit I have had some amazing trades (SNPS, Dollar General and many others) giving me 10-12 times in returns, but I lost more than I made. I used to use IB and Tradeking.

    Probably not very relevant - but you can get a lot of leverage if you have the stomach for it by opening a brokerage account with 40k (your initial downpayment). A good semi-professional one would be IB (interactivebrokers.com). Margin accounts give a 3X/4x leverage any day. Buy a few interest rate, currency or commodity swaps with that - and your leverage can reach stratospheric levels. I know I dont have the stomach for that.





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  • jthomas
    09-30 01:04 AM
    I am working in US from 2002 in H1B visa. Looking at the scenarios, it does not seem that we would be getting our green card soon. It would be wise if we start looking for some altenate. I have a Canadian Permanent residency and i am thinking sometimes soon i will move to canada. I have learned a lot working in United states and had changed 3 employers during 7 year period. I am seriously thinking about two options, One is to start a business in India with the technology i am woking in and secondly to move to canada and market those products over the globe. I am thinking about patenting some existing design for some application which people have not implemented. Once i file a patent, with broad open areas, i am sure to rule over the technology for next 20 years.
    I think we have spend the cream of our lives in this land and followed the rules of the land. If we are not required in this land lets move to some other country where we are welcomed. After the elections, Whether its Obama or Mcain nobody would care for us till the economy comes out of recession. Even with HR5882 we don't know how soon USCIS would process our green card. At present they are not able to process the alloacted number of green cards.
    Whether its Obama or Mcain does not mean anything. It seems to me like Obama would win the elections and Sen Dublin would give us a hard time.





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  • axp817
    03-26 06:30 PM
    here is the link.

    Becausing of uploading issue: follow this link.

    http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp

    from there click on a-1 certification; decisions issued in 2004; click on second decision from the top. If someone can download the pdf and attach then we can discuss.

    The attachment upload fails for me as well but goddamn UN, you are unbelievable.

    1. Your knowledge of the specifics and technicalities and access to information is very impressive

    2. And you go out of your way to share it with others

    That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.

    Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?



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  • inskrish
    01-07 01:41 AM
    Recently during Diwali celebration, one boy fired a rocket and it killed more than six people in Tamil Nadu. Offcourse this rocket was made in Sivakasi and it was an accident. It was a fire cracker. A simple fire cracker can make big accidents like this.

    But whole world is crying that Hamas fired 7000 rockets and killed innocent civilians and Isrealis are defending thier nation by killing thousands. What a crap man.

    If you are comparing the Sivakasi rocket with the Hamas's rocket, I can only sympathize with you. You certainly need to learn a lot--atleast the definition of 'Rocket' or 'Terrorists'.





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  • HopeSprings
    08-06 10:48 AM
    Although the discussion has deteriorated to a point where it will not be healthy anymore, these are valid questions.

    I think a good compromise would be if interfiling is allowed only if the candidate was eligible for the EB2 position at the time of filing the EB3 labor. The current rule punishes those who go to grad school full-time, especially if you did a PhD but do not qualify for EB1.

    sroyc,
    What a resolution!!! I completely agree with you. Interfiling should NOT be scrapped but limited to people who qualified for the later category (EB2/EB1) on the date of their PD.



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  • vikki76
    04-08 01:48 PM
    New H-1B proposed reform bill is approximately same as it was in year 1999-2000.H-1B was never meant for consulting type of work.So, in 2000, there was a rule passed that in whichever state LCA was cleared,employees could work only in that state.Even in 1999 it was illegal for employers to say that they put their H-1B employers on a "client site".But, people did, on various pretext.H-1B employees were even required to keep their LCA petition with them at work all the time.
    8 years is a long time-many people have forgotten that crackdown.Then in 2002,economy nosedived-and most of the H-1B's went back.Silicon valley was deserted area.Highways all clear,restaurants business closed.Now,since 2004, all the closed businesses are back in operation.
    Some one must have remembered original intention of H-1B,and so re-introduced those provisions.
    If this bill passes- definitely, outsourcing will increase.Not every business will be able to afford $100 per hour programmers.But, again, isn't that good for developing world economy?





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  • jthomas
    06-05 08:58 PM
    Do not take that snipet out of context.. Innovation, research and development, that you have talked about was in the past. Do you know that Boeing has a R & D Lab in bangalore? So does many globals.. They are already doing modelling and simulation at those centers :). When they made it difficult for innovators to get here.. jobs left US to go to innovators.. .Same will happen with Technology soon :)

    By the way, all those your points are valid but will have a negligable impact on Housing market or economy in short term.. atleast until next cycle.. Unless US reform immigration policies for a 21st century knowledge revolution.. create well paid jobs for best and brightest in the world right here.. who can earn, spend and not borrow.. (EB category) ... Housing problem will also resolved... But US is lagging way behind. this is my opinion as Obama Administration has not thought so far beyond providing food coupons, housing rescue and medicare... Based on what is on the card, there will be lot of blue collar folks... nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?

    Most of the jobs are going to china and elsewhere. I am a power supply design engineer and have interviewed with many firms. some of them say they have moved their research to Taiwan because there is no difference in innovation between US and Taiwan. They have sales and service facility in Irvine, southern california. Another company i talked to was *ell computers. They are subcontracting the design + production to china and other places. The cost of a computer power supply is around 6 dollars and its no way US can produce it at $6. They have a small portion of design over here and it will still stay in US but it hires very less PHd guys. I am sure china/india will have more PHd guys in future than in US. There are several more who buy from china and after testing the product use their name sticker.
    there will be more high school graduates, average educated person than high skilled engineers. There are a lot of companies who would like to hire engineers (US citizen)at a very good pay but they are not able to do so. My last employer was looking for a good engineer from last 4 years and my prior employer have waited for 8 years to find a good engineer.
    Good technical guys are at a very small percentage.

    housing price has to go down. I don't know what else is going to happen.

    J thomas



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  • gsc999
    05-13 06:23 PM
    I heard many stories that consultants are selling labor certifications and this lead to a big back log.... people who were last in the line are in front of the line now....consultants created a business from these labor certifications and are making lots of money...its fair for the government or uscis to apply this bill and control this black business....


    :p Attack of the Trolls - Final Battle





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

    That should not cause any problems.

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


    _______________________
    Not a legal advice.



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  • miguy
    08-08 06:25 PM
    Actually; I didn't think it was courageous at all. I had to practice what I preach.

    One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.

    Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).

    I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.

    Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.

    he didn't but just in case he wanted to; I was ready for it.


    Hi Unitednations,
    I have a little problem. I am a canadian citizen on H1b and used to commute across the border everyday. I work for Ford and every year during christmas we get a week long vacation. My contracting company does not pay me for the xmas break. So, I filed for unemployment compensation in michigan for that week - reason - temporary layoff (as a Canadian Citizen you can collect unemployment from michigan......thats what my US citizen colleagues do every year........Does this mean I was out of status for that week?....Can this cause my I-485 to get rejected? (I have done it twice in 5 years)





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  • unitednations
    03-26 09:24 PM
    Thanks UN. Just a follow up question, how would you advise to cases where the labor was filed at client location and the employee shifted to another state right after the 140 approval. I guess in this case there is no chance of convincing USCIS about AC-21 invokation. How would you act if such query comes up? Or is there a chance to get this query these days at the time of 485 processing.? Thanks in advance. With this, I would have all my doubts clarified regarding the work location. And also, I hope it does to so many others.

    Stating the obvious: Your attorney was a knucklehead?

    USCIS hasn't gone to zero tolerance on 140/485 so it is doubtful that you will get such a query.

    Are you still on H-1b?

    If you want to bullet proof yourself then do an eb2 labor now; port the priority date and then inter-file the 485 or file new 485 on eb2 140 which would have been done appropriately. You can get your greencard dependency on the new 140 without losing much in terms of waiting and getting peace of mind.



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  • unitednations
    08-14 09:12 PM
    Sorry to post in this thread, but I was wondering if United Nations would be kind enough to answer two questions for me (well, actually one is from my colleague). They are kind of generic so it might help other people too, I hope. I posted this on other threads but I havent gotten any responses for the longest time, so Im posting here. Very sorry to those who are following this thread for the original topic.

    1) From my colleague: As per his family customs, his mothers FIRST name was also changed after marriage. Before marriage she was Vimla Patil, and now she is Anasuya Deshpande. She uses her married first name and last name on her passport, childrens birth certificate, etc. Only her school leaving has her maiden first name, maiden last name.

    He was wondering how to put this info on his I-485/G-325a form. They ask for Mothers Maiden name in one column, and then first name in the next. If he puts down Patil and then Anasuya - it wont be correct as such a person doesnt exist. What is the best way to represent her name. (remember, the birth cert that he will be submitting for himself will have her name as Anasuya Deshpande)

    Any help would be greatly appreciated.

    2) My question (and this has been asked before, but no one has a rock solid answer). My husband's labor has been approved, approved I-140, his priority date is Oct 2006. I received a labor sub (please dont scream at me.. I dint have anything to do with the matching... it just came my way:o) , but pending I-140, my priority date (if I-140 is approved) will be Feb 2005.

    I wanted to know if we should only choose one of these two applications to proceed further or file two I-485 applications- One with me as primary and him as beneficiary, and the other with him as primary. There are these rare postings where people have said that USCIS can reject both applications/ drop both or deny one initially itself, or ask you to choose one upfront. No one has talked about successful multiple filings, so we dont have unbiased statistics in this space. What is your thought on this issue? Which way would you recommend we proceed? Frankly, I am nervous about my application until the I-140 clears, (and my I-140 was only applied in July 2007) ... yet my husbands pd is almost 20 months after mine. Please enlighten.

    Thanks!

    FYI, both of us have been in the U.S since 2000, but for various strokes of timely bad luck we couldnt file until Dec 2006, So I hope there arent too many hard feelings from people who have also waited as long as we have. I know the feeling.


    Where they ask for her name; then on a separate piece of paper she should explain the different names. Isn't much of a problem.


    Surprisingly; people in the situation where both spouses have 140's pending/approved have opted to file four 485's. My experience is that just about everyone has chosen this option.

    Only risk is that somehow when you file multiple 485 filings; uscis opens up two different alien numbers for you. Once they figure it out then they have to consolidate your files which may take some additional time. However; this is very rare that this happens because there is enough detail that a person puts on the g-325a that uscis systems would be able to detect that a person has multiple filings and they won't create a second alien number (file).

    Biggest advantage:

    One of the spouses 140 gets denied/revoked and can't use portability.

    One of the spouses gets stuck in name check and other spouse can't get approved until primary gets cleared through name check.

    Divorce/separation is an issue (surprisingly this comes up quite often where in some dispute one of the spouses wants to cancel others greencard....happens more often then people think).

    One of the spouses actually pass away (i know of a situation such as this and the other spouse left the country).

    Other then it costing some more money; I don't see much of a risk.





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  • nogc_noproblem
    08-29 09:03 PM
    Dog Philosophy

    � The reason a dog has so many friends is that he wags his tail instead of his tongue. - Anonymous

    � Don't accept your dog's admiration as conclusive evidence that you are wonderful. - Ann Landers

    � The average dog is a nicer person than the average person. - Andy Rooney

    � Dogs love their friends and bite their enemies, quite unlike people, who are incapable of pure love and always have to mix love and hate. - Sigmund Freud

    � Ever consider what our dogs must think of us? I mean, here we come back from a grocery store with the most amazing haul - - chicken, pork, half a cow. They must think we're the greatest hunters on earth! - Anne Tyler

    � If you pick up a starving dog and make him prosperous, he will not bite you; that is the principal difference between a dog and a man. - Mark Twain

    � If you think dogs can't count, try putting three dog biscuits in your pocket and then give him only two of them. - Phil Pastoret



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  • gjoe
    07-14 06:56 AM
    The traditional way to solve the I485 retrogression is to find a way to slow down or completely stop PERM and I140 for a decade. I am sure DOS, USCIS and DOL should be working together on this for a few years. Last time they did this was when they introduced PERM and premium processing for I140.
    To all my brothers and sisters who are waiting for their GC since years, please do not forget that there is a silver lining to every dark cloud. Only time can reveal what that silver lining is.
    Most of us know how problems are resolved these days by shifiting it from one area to another until some day everything breaks or things get resolved by itself. None of the agency mentioned above thinks or works any different. So be patient and beleive that there a silver lining to all this. Peace, joy, pain, sorrow and happiness are all passing things in life.





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  • eb2_hope
    08-26 10:01 PM
    Couldn't resist writing this one...for all of us with older priority date

    Jaane woh kaise log the jinke
    485 ko approval mila
    hamne to jab bhi call kiya
    humko RD/ND/PD ka jaal mila

    Still praying ..
    PD Dec 2004

    & then on a lighter note...mera number kab aayega

    Hamko bhi to lift kara de ..thodi si to lift kara de..
    kase kason ko diya hai..jaise taise ko diya hai
    Hamko bhi to lift kara de ..thodi si to lift kara de..



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  • sanju
    05-16 10:47 AM
    :p :p I like this most. Lets move on...

    It appears that some of us are mad at our employers and there can be several reasons –
     We think we are “high-skilled” and deserve more even though we are spending most of our time at work on IV forums
     We think our employer is taking advantage of our situation and if we had green cards we would have taken over the crown from Bill Gates and Warren Buffet
     And so on….

    For some of these reason, we are faulting everybody around us, our employer, companies not our employers, consulting companies/body shopper, other H-1B applicants, L-1 applicants, people who come on B-1, companies like TCS/INFY/SIFY etc. And there seem to be this idea that if a bill is passed to harm consulting companies or body shoppers or companies like TCS/INFY/SIFY, then somehow that is my gain because I am suffering because of these guys. Consistently, I have seen this argument on the forums, but somehow I am not convinced that these guys have to lose something before I could get what I want.

    IEEE-USA, Ron Hira et al has problems with us if educated/skilled/talented people come here on H-1/L-1. So that’s why they oppose any increase in H-1. These guys have a problem with us if we apply for green card and that is why they did not include a single provision in Durbin-Grassley bill to fix the green card backlogs. In fact they are making sure that people waiting for green card will have to somehow leave the country. These same guys at IEEE-USA have a problem if we choose to go back to wherever we came from and we decide not apply for green cards. In this scenario they say that we are promoting outsourcing because we are returning to the country we came from. And if we never ever chose to come here at all, these guys simple say that we are still taking their jobs because we are the people on the receiving end of the outsourcing. So either way you look at it, these guys are simply out there to screw us. The bad thing is they are organized and we are not. And the worst thing is we have guys like Senthil1 on this forum who thinks that by some how causing harm to consulting companies/body shopper/companies like tcs, infy etc we are making up for our delays in the green cards. And I just find this argument very very bizarre. No offense to anyone, but just wanted to clearly say that Durbin-Grassley bill is not designed or intended to help anybody on H-1/L-1/green card applicant, directly and indirectly. In fact, in the long term, I do not know who is getting the benefit from Durbin-Grassley bill other than the BPO companies in the other countries.





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  • BharatPremi
    03-28 05:50 PM
    Bharatpremi - Thanks for yr earlier reply and for yr optimistic EB3 (I) predictions in other threads.
    --------
    here are the details about housing demand ..now that the bubble has burst with huge inventory still remaining ..it is difficult to see from where the (genuine) demand will come ..speculators and flippers are badly burnt ..This is from MSN money.
    --
    this country's median income of roughly $49,000 can hardly be expected to service the debt of the median home price of $234,000, up from approximately $160,000 in 2000.

    Let's do a little math. Forty-nine thousand dollars in yearly income leaves approximately $35,000 in after-tax dollars. Call it $3,000 a month. A 30-year, fixed-rate mortgage would cost approximately $1,500 per month. That leaves only $1,500 a month for a family to pay for everything else! (Of course, in many communities the math is even less tenable.) This is the crux of the problem, and the government cannot fix it.

    Housing prices, thanks to the bubble and inflation, have risen well past the point where the median (or typical middle-class) family can afford them. Either income must rise -- which seems unlikely on an inflated-adjusted basis -- or home prices must come down.

    This whole thing is a set conspiracy for the benefit of 5% . My biggest surprise is that nobody is asking a simple question: Why the hell traditional mortgages are designed for 30 years/40 years? Why not for 5 years and at the most for 10 years? If you might have seen your county record, you will see land cost is always a bear cheap against your total purchase price. Now you also know that construction cost is not that great too.

    If you would have built that home by your self , you could built it at very reasonable price. So what is driving us nuts is the addition of "passive" amount which we call "market".. Now this "passive" insertion is designed for "Government" + " Lenders" + " realtors"--- and for their benefit you throughout your damn life end up paying mortgage. As long as the concept of "investment" and "profiteering" will be associated with housing you will see thousands of families get shattered for the benefit of some hundreds of families.

    And you are seeing the effect. Government is out to save Bear Stern's as* but is not yet out to save millions of families.:mad:

    Example: $ 500,000/- purchase price (3000 sq ft single family home)
    Land cost: 80,000/- ( defined by county - assessment record)
    Construction cost: 1,40,000/- (If you do home work you can easily
    derive current construction cost)
    Let's say you give the order to somebody to construct: Add his 25%
    profit which is reasonable)

    The real cost is 255000. If a man with median income of $ 49,000/- wants to buy a home he will still be able to do that with all happiness if government enforces some limit say for an example 5-10% "passive" margin on top of this actual current cost for these sharks. But now in today's world you would be paying this large "passive" difference so your lender, realtor and government become fat and you end up working your ass of for 30 years to pay it off.

    The beauty is that everybody is doing that and government has authorized it so it is legitimate. Basically this whole damn system corner the money to 5% people and I am not ready to tell that a capitalism. "Dacoits rule the city of theives."





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  • mariner5555
    03-27 04:02 PM
    All good points, As always with Real Estate, its Location, Location and Location. So the decision to buy a home depends on where you are. My analysis was more towards the Bay Area market where prices have held steady except in periphery markets and neighborhoods which had lot of new construction. Demographics here are dual incomes, steady jobs, limited housing/new construction and strong tech sector(due to the global nature).

    One thing I believe is that, Mortgage rates are probably at the lowest we will see for a while. If you time it right, maybe you can go another 50 basis points lower but generally its quite low.

    Now, is the price of a home lowest? New home owners GENERALLY dont consider the price of the home but rather the MONTHLY payments. How much will it cost me monthly to own this home? And this is what drives the price of a home. So the price partially depends on the mortgage rate, type of mortgage(5-1 ARM, 30 year, 40 year etc).

    Finally another major thing to consider is the loan process. With the recent changes, its got much tougher. My company almost has a freeze on new loans and except for refi the rest is frozen. Tighter conditions like

    DTI ratio less than 35%
    LTV ratio not more than 90%
    For Pre-approval you need to show atleast 10% in liquid assets.

    will certainly slow down things even further.
    what is LTV ratio ? I guess DTI is debt to income ?
    I agree with all the above ..so if u have a house and can refi ..good. have a GC and u get a good deal- good. EAD in these shaky conditions - not so good.
    one thing is for certain - in our life time, most likely we will never see such price appreciations. maybe appreciations of 4 percent ..which is effectively 1 % appreciation - if inflation is 3%).





    Refugee_New
    01-07 05:09 PM
    You know what is your problem?
    From Ottaman, Genghis khan, Temur, to recently Laden all did terrorism to innocent people. When any person or nation protect this terrorism, you guys calling them terrorist!! Bush senior and Bush junior punish terrorist act, you are calling them terrorist. When Israel give answer, you are calling terrorism. When Narendra Modi react against Muslim terrorism, you calling him Terrorist. You guys only like people who don't give answer like current Indian government.
    '


    Before blaming muslims try to understand the fact and know atleast a little history. When you have time just read this.

    http://www.guardian.co.uk/world/2009/jan/07/gaza-israel-palestine

    news article written by Oxford professor of international relations Avi Shlaim served in the Israeli army.





    jasmin45
    06-05 08:13 PM
    Do not take that snipet out of context.. Innovation, research and development, that you have talked about was in the past. Do you know that Boeing has a R & D Lab in bangalore? So does many globals.. They are already doing modelling and simulation at those centers :). When they made it difficult for innovators to get here.. jobs left US to go to innovators.. .Same will happen with Technology soon :)

    By the way, all those your points are valid but will have a negligable impact on Housing market or economy in short term.. atleast until next cycle.. Unless US reform immigration policies for a 21st century knowledge revolution.. create well paid jobs for best and brightest in the world right here.. who can earn, spend and not borrow.. (EB category) ... Housing problem will also resolved... But US is lagging way behind. this is my opinion as Obama Administration has not thought so far beyond providing food coupons, housing rescue and medicare... Based on what is on the card, there will be lot of blue collar folks... nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?

    I couldn't agree more with you on this.



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