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  • funny
    09-30 05:58 PM
    please forgive my ignorance and I have asked this question 2-3 times on this thread itself.

    Do you think if Obama comes into power then all the people who are waiting for GC under employment based GCs will loose thier current applications and will have to start all over again in the new Point based system or the new point based system would only be for new applicants? It might very well be possible that Obama campaigns for Recapturing the lost visas and reducing the current backlog quickly so that the new process can be in placed quickly...I doubt that all the pending applicants will be asked to join the new point based queue, because no one would be willing to do it and a lot of people will be going back to thier home country and there would be a lot of crisis specially in IT as he is also campaining for Less H1B, so companies will not be able to hire new H1B.

    Please clarify.
    ^ BUMP^





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  • nojoke
    09-28 12:59 AM
    mc cain will bring the war to an end but it'll be in victory, and making sure there'll be be no need for any future war in the region. but barack's knee-jerk pull back would not only undermine the war, it'll lead to unrest, and potential problem in the future to which the US will be drawn into again. you have seen the same problem india has been facing from the same terrorists...if you just hurt them they'll keep coming back. but if you destroy them forever you can bring peace.
    I do agree that the times have been bad in the US economy lately, but don't you realize it's mainly due to the housing market, which has had a cascading effect on the banking sector, etc. (again this crazy financing scheme started in the clinton years where their objective was to give the dream of owning a home to the less fortunate to show that they are for the poor. this led to people getting easy loans to buy bigger home even if they didn't have the ability to pay back. the repubs did not have the courage to stop this lending practice, 'coz if they did the dems would say the repubs are against poor people buying houses. so you see how the dem policies hurt even long after they are gone).
    but if you closely look, the US exports have boomed than any other time, and there is a huge chance of recovery if the right policies are applied. It's nice to imagine/hope that things will change overnight under the dems, but if you really look at their policies, they want to impose more taxes on the businesses (and also you), which will impact their bottomline, and will lead to a recruitment freeze, or even moving their business to a different country. and if you think our hard earned tax dollars are spent wastefully now, wait till you see how a dem admin is going to spend our money. they'll lead the country into deeper recession, and we can then kiss goodbye to our gc dreams.
    I know the prospect of a charismatic guy in obama getting elected is very enticing, but the prospect of the dems controlling the house, senate, and the presidency will be a disaster never seen before. we'll see them lead US to a more socialistic country. what has made this country great is the prospect of getting limitless reward if you are hardworking, and innovative. but the dems concept is limiting reward to a set level, and distributing wealth to the less fortunate (i.e. lazy people). this was what happened to the socialistic and communist countries (dying economies, and poverty).
    but our immediate concern is getting gc, and I really fear the prospect of dems controlling all branches of govt will def kill our dreams.

    hmm.
    needless war is strong on security
    9/11 happened on bush's watch and it is clinton's fault.

    Republican philosopy of less regulation is not the cause of reckless lending?
    You will get more tax break under Obama's plan than McCain's. Google.
    You watch FOX news?





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  • sayantan76
    01-11 03:48 PM
    I don�t agree with your argument. Who is holing up the innocents..? Hamas using the kids and civilians as human shield. I also don�t consider the civilians as innocent there. They are whole heartedly support and elected Hamas -the terror organization. They are the one poisoning the kids with hatred. But I feel very sorry for the kids and the developments are very much disturbing.

    The Hamas, Hezbollah, Iran and Syria � the devil�s club will never achieve their goal � wipe out ISREAL from the map. ISREAL is IS REAL and this mullahs needs to understand that.
    we should be careful here - there is a thin line between terrorism and legitimate freedom struggle....also - the classification may very well vary based on which prism are you looking through.....for example - Bhagat Singh and the likes were considered terrorists by occupying British colonial power but were considered revolutionaries and freedom fighters by the Indian masses.....how can we say that the Indian Freedom Struggle was any more just and legitimate than the Palestinian desire for self governance...

    Another example - were the Mughal rulers in medieval India an occupying invader or were they populist rules loved by the masses? Based on how you answer this question - Chatrapati Shivaji either becomes a glorious Maratha freedom fighter or a terrorist leader....

    On the current situation - Hamas fighters live in a densely populated area....so of course - there are civilians there - what do you expect - Hamas would say - Israel is coming to fight us - lets find some sort of Panipat (check battles of panipat on wikipedia for those who dont know) or Kurukshetra (check Mahabharata on wikipedia) where we can fight Israelies in a vast unpopulated area - Israel is the invading army here - they have chosen to fight in densely populated areas - Hamas is merely responding....

    One of the newspapers today suggested that Hamas has booby trapped Gaza and thats causing problems for Israeli army and somehow Hamas is wrong in doing so - guys what do you expect - Israelis would be welcomed with garlands in Gaza? If some armed enemies were attacking your home and you knew you did not have the might to directly face them - wont you try every underhand tactic in the book to cause as much damage to the enemy as possible?

    While I am no supporter of Hamas or religious extremism - i think its important to study the Palestinian/Israel issue as an ethnic problem as opposed to a religious issue.... - holocaust was a terrible thing to happen but just because of the collective Western guilt conscience (of having done nothing to prevent Holocaust)- the Palestinian/ Israeli dispute has never been judged objectively and one side has always been given a long rope while the other has gotten the short end of the stick.





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  • damialok
    04-08 01:27 AM
    No, I aint a realtor but just a savvy investor who is waiting for his GC and wants to make passive income. I dont suggest ppl to buy 3 homes. What I wanted to convey is that in my humble opinion, its one way to make money while you wait for GC. Be judicious and assume risk based on your tolerance levels. I felt that if I could present folks with real life examples of making money, thats a compelling statement,.

    And since Uncle Sam provides tax benefits that include interest deductions and capital gains waivers, its a very viable option.

    My point is, think of your home as an investment that also serves as a place to reside.

    Figuratively, this is like a Thanksgiving Day sale and the door busters are already gone!



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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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  • kshitijnt
    06-25 10:22 PM
    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.

    ValidIV, Based on your quote, we should be prepared for prices going down further and I485 getting rejected as being the worst case scenario.

    Also when I rent, I rent a 2-3 bedroom house, but I would want to buy a larger house say 5 bedroom (because I am planning long term).
    Hence my rent is 1500 whereas with mortgage payment its going to be 3000.

    I could save extra 15000 each year for down payment. So lets say I have 30K cash on hand, I can save 30K more in next 2 years and either go for a bigger house or hedge against rate increase. We all know that prices are not going to go up until 2011. Speculate or don't.
    Even Suze Orman will tell you that more the mortgage , more you pay in the end.

    Although your theory of buying 3 properties with 800 K is ambitious, it is riddled with risks and with biggest assumption that rents will not go down and property prices will go up. If this assumption falls apart, your investment starts making loss.

    My last landlord had victorian homes and she had trouble renting them because they needed constant upgrades to keep up with newly constructed communities. So she took out a equity loan and then the house prices dropped.

    And she still had trouble finding renters. This was in a community where I found hard to find a rental home. What will you


    And lets say they do go up defying expectations, you can watch trend for 3-4 months and then jump in at any time. Whats the hurry? We build up piles of cash waiting for the right opportunity and jump in at the right time.

    Do you agree even though interest rates are going up, house prices are not for the next 3 years? At this moment all Rent vs Buy calculators are saying its going to take me 11 years with 1% price increase to break even on my investment. Who knows where I will be in 11 years?

    How can we decide when we do not know what future holds for us beyond next 2-3-5 years?

    I am from same school as SauveSandeep.

    There are risk profiles of investors, I believe you have more tolerance than we do.

    My parents back in India, rented till the kids were 10 yr olds, then they bought a house at 58 my dad is retired with abundant financial security.

    :) I want to live life like that.



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  • NKR
    08-05 04:34 PM
    Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.

    I don't see why there are so many angered arguments...

    1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.

    Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.

    2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.

    If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.


    Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.


    No, I will not waste time on giving you a red, looks like you are someone who wants to stoke more fire. Your new PD with only this post shows your true colors (red or green or whatever you call it)





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  • jkays94
    06-01 01:28 PM
    jkays

    my comment was all tongue in cheek. My only point is that Lou comes off as more conservative than Shaun Hannity and isn't that something.


    Its all about the $$ and competition with other networks which are giving CNN a run for its money. So much so it makes sense for CNN not to talk about money matters but topics that appeal to ultra conservative audiences. Dobbs in particular appears willing to go to any lower level to get his points across. And yes, you are right he does use FAIR, NumbersUSA and the Heritage Foundation as his sources for "statistics" and guests on his show.

    Dobbs's immigration reporting marked by misinformation, extreme rhetoric, attacks on Mexican president, and data from organization linked to white supremacists (http://mediamatters.org/items/200605240011)

    Additional links on the supremacist (http://www.adl.org/learn/ext_us/CCCitizens.asp?xpicked=3&item=12) citation as a source by Dobbs :
    Link 1 (http://journals.democraticunderground.com/BlogBox/12), Link 2 (http://www.liberaloasis.com/archives/052106.htm#052306)

    CNN's Dobbs, Christian Science Monitor cited dubious Heritage Foundation study on immigration (http://mediamatters.org/items/200605250014) - This is the same study that Jeff Sessions presented to the Senate.



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  • pappu
    08-06 11:10 AM
    PS.: When there is flood in Gangaji then it is not revered, only when it is within its banks it is revered and does good for society

    Wow. That was deep. :D





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  • alterego
    12-27 11:23 AM
    Ofcourse its Pakistan's responsibility since we created them. But the question is, where do you go from here?
    There is about twenty to twenty five years worth of infrastructure and intellectual capital built in the unofficial 'non-state' militant/jihadi circles.
    So, its going to take time for this infrastructure to go away.

    The challenge for Pakistan is to dismantle this infrastructure. A hostile or unfriendly India doesn't help. Ironically, it makes reliance upon this infrastructure attractive.

    I think much of India understands this perspective. India is generally a very secular and tolerant country. However this is something that has been going on for many years now. The worlds patience is wearing thin. Terrorism should invoke a ZERO TOLERANCE response from all states towards "non-state actors" acting within their territories. More promises, seldom achieve anything tangible is unacceptable. Given the past track record of Pakistan on such issues, India and the world has decided to keep up the pressure this time, and not a moment too soon. Innocents get killed and harmed and unnecessary harm is inflicted on a nations psyche and internal diverse harmony with such events.

    Zardari has no real power in Pakistan. The military has a mind of its own there and are not there to serve the civilian adminstration. That is the problem.
    The world cannot be expected to wait for 15-20 yrs and suffer through these sorts of attacks, while Pakistan decides if they want to "dismantle their jihadi infrastructure".

    The pressure will continue on Pakistan and they will have to demonstrate more action to the world. Of course war will not be good for either country, arguably worse for Pakistan, however even absent war Pakistan could end up losing if they fail to act. The country will not thrive under this pressure and economic uncertainty and isolation, the economy already on the brink will collapse and the people will face unnecessary hardships, ala North Korea. The choice is up to Pakistan. We all hope Pakistan chooses rationally.
    We would all love to see a thriving, prosperous and terrorism free Pakistan, rather than one controlled by a military strong man(ala Zia Ul Haq) and begging/manipulating the sugar daddy of the day be it the USA or China at the time.
    Pakistanis need to figure out what they want for their future.



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  • unitednations
    03-25 02:56 PM
    I heard from the grapevine that UNITEDNATIONS will be the next USCIS chief - so folks better behave with him or he wil report ya all :D :D :D :D


    I know you are kidding; however, you only get selected for such positions as long as your idealogy is in line with what they want.





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  • bobzibub
    01-07 07:43 PM
    Blaming any religion on terrorism is inappropriate, inflammatory, and just plain irresponsible.
    Here's some proof for you:

    MI5 report challenges views on terrorism in Britain (http://www.guardian.co.uk/uk/2008/aug/20/uksecurity.terrorism1?gusrc=rss&feed=networkfront)


    • Far from being religious zealots, a large number of those involved in terrorism do not practise their faith regularly. Many lack religious literacy and could actually be regarded as religious novices. Very few have been brought up in strongly religious households, and there is a higher than average proportion of converts. Some are involved in drug-taking, drinking alcohol and visiting prostitutes. MI5 says there is evidence that a well-established religious identity actually protects against violent radicalisation.

    And I'll give you a couple specific examples :

    Al-Fakhoura School Bombed, 42 Killed, Including Children; 13,000 Homeless; Water, Medicine in Short Supply (http://www.juancole.com/2009/01/al-fakhoura-school-bombed-42-killed.html)

    Muhammad Atta was radicalized by watching the gruesome results of that attack and he was a 9/11 hijacker. (He flew one of the planes.) That attack happened to be Israel bombing a school in 1986.

    Torture trail to September 11 : A two-part investigation into state brutality opens with a look at how the violent interrogation of Islamist extremists hardened their views, helped to create al-Qaida and now, more than ever, is fuelling fundamentalist hatred (http://www.guardian.co.uk/world/2003/jan/24/alqaida.terrorism1)

    Dr Ayman al-Zawahiri, for example was tortured in Egypt. He was Al Q's number 2 and known as the "brains" behind the 9/11 attacks. He was a successful doctor.

    It is not religion that makes people willing to blow up themselves and kill others. It is perceived oppression against one's people. If you look closely enough, you will find it.

    Blaming religious beliefs on terrorism is sloppy thinking that:

    inflames people
    justifies further violence
    divides people
    creates more terrorism


    The IRA, Shining Path, the Basques, and yes, Al Q, all have one thing in common: their political aspirations for their people to be freed from what they see as oppression. The Irish Catholics weren't allowed good jobs. Peruvian Marxists were unhappy with their government. The Basques were mistreated by Franco. Many Middle Easterners want the right to form their own governments, which we in the west actively prevent by supporting dictatorships.

    Invariably, when people blame religion for some injustice, there is a political or economic reason behind it. The Crusades, for example, were not about converting people, but about wealth, power and what they saw as "glory".

    Please stop with the religious scape goating, bigotry and hatred. It leads nowhere but down.



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  • unitednations
    07-09 12:12 PM
    thanks for the clarification on this..

    but when we re-entered the US, the i94 just mentioned 'on H1 status ..until..xx/xx date'..same way for H4-i94 card mentioned 'on H4 status ..until xx/xx date'..

    we dint show any INS papers..except for the passport(and confuse the officer at the POE)

    In our case,when my daughter came to US in May 2003, we had the i94 original(which we didn't keep the photocopy for our records),filed for her H4 etxn,went to Toronto for H1/H4 stamping,in 2 months when we went for vacation to India, gave away that i94 card at the airport while exiting and re-entered with a new i94.

    I can still see that i94 card lingering in front of my eyes..for which I dint keep a photocopy..


    Sometimes they write the company name and sometimes they don't. However; they do input it into their system (receipt number, company name, etc.). I instruct people to watch very carefully and to verify which company name they are putting into their system.

    Since you haven't posted the RFE's it is difficult for anyone to really give you much detailed answers or pointers. You now just need to give it to a good lawyer who can give a strong response.





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  • my2cents
    05-03 07:55 AM
    For 330K house, the calculations are probably splitting hairs. If it had already lost value to what the income in your area can support, then it is good time. But if it is still going down, I would rather buy a house at the bottom even if the interest rate gets higher. I can sell the house immediately without loss, if I have too.

    You think buying and selling a home a joke. You look on an average for 3-5 month to buy a home and one fine day u woke up and interest rate is high u plan to sell. This may be even possible only when u have bought house for pure investment.

    Once you move to ur first house with ur family. you will not sell ur house until u r forced to because of job/other extreme factors.

    Location is most important that any thing. It is very very localized. do u think manhattan house price went down..in fact it went up. Similarly DC metro area is relatively stronger compare to mid west.

    A bit of luck is always there in every single thing. Predicting bottom/peak is always challenge.

    One funny thing..people are planning how to sell before they even look for house to buy. lol..



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

    Bill Tucker reports.

    (BEGIN VIDEOTAPE)

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

    His solution? Bringing in more foreign workers.

    Critics say he's got it wrong.

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

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

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

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

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

    TUCKER: And that's not happening.

    (END VIDEOTAPE)

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

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

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

    Thank you, Bill Tucker.


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





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  • Mahatma
    10-02 09:10 AM
    Dear Ivians,


    I have not read all the mails. However, I want to express very naive thoughts (without a reading bias from previous mails) for now. I might reconsider some notions by the weekend until I am satisfied.

    I have studied Obama, CIR and immigrants plights all these years. Here is what I think could be positive:

    Obama is the kind of leader whao gets at the bottom the issues and tries to do the right thing (Watch Clinton's Florida speech, Oct 01, 2008 as to why he likes Obama!). He has the leadership skills and the strength of character to sway enough votes for any legislation including CIR. To me, so far he has shown Lincolnian charm. He is a serious guy who wants to do the right thing.

    He would try to balance middle class american families and unemployment situation. When close to half a millions jobs are lost, it is illconceivable for anybody to push for immigration reform eventhough we may be on the right side of justice and victim of broken system.

    There may be some tough situations for immigrants such as less outsourcing, american worker priority and other programs to promote STEM within the company. However, he will be the person to stand up for plights of tech workers. He understands the need and benefits of tech-immigration. As far as I know, his voting for H1 and CIR has been positive. It will be Obama and not someone elase whao will decide the policy. Durbin might tie the loose ends.

    My feeling is this: Let us trust this man. Explain to him through IV and any other channels our problems and how it impacts present and future of America. If we could successfully argue (by all pure means) for a "A business model where tech-immigrants bring benefits and rate of returns in a much higher and assured fashion than the stock market", we could win this debate.

    We are dealing with reasonable, smart and patriotic people. We need to continue to explore better methods to effectively communicate and win the deal. It is all about intellectual exercise to win a deal....

    It is always prudent to have back up plans, however, it should not distract us too much.

    haven't we agreed that GC is only worth so much and we do not want to have our life hostage to GC. At the same time, timely GC status gives better control of our career and discharging our family obliations. Sooner is better. However, we could do only so much.

    Let us continue to do our best and hopefully with a new administration, we would learn new equations.

    I trust in the ability of IV and IV-sympathetic constituencies to bring us deserved reward and recognition sooner rather than later.

    Staying positive, continuing to learn (lobbying and swaying), adapting to the environment (what are the business needs of main street and wall street and how leaders perceive those) and doing our best (use best of our minds and achess game of life.....a special gift of God to Indians and others) and learn to be happy.

    Remember, this is the first stroke of my pen.... I might revisit and reconsider some thoughts based on what most others are thinking.



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  • 485Mbe4001
    08-06 04:18 PM
    Thanks for posting rolling_floods first post. It is the reason i talked about the holier-than-thou attitude with this guy. He/she was at pains to remind me to read the OP, but the truth comes out in the end...


    Here is his very first post by Rolling_Flood in IV forums. Not only he is using foul language, he is totally arrogant. Lines like "How dare you f***@#n compare yourselves to EB-2?" and "i will slap a lawsuit against any organization ...".

    It seems that he is always ready to file lawsuit.

    For me, its a good read to get a good laugh. :D





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  • hpandey
    06-26 03:33 PM
    Would you share what calculator are you using.

    I used one here:
    Mortgage Calculator - Bankrate.com (http://www.bankrate.com/calculators/mortgages/mortgage-calculator.aspx)

    Loan Amount: 600K (Note much less than million dollars)
    Period: 30 years fixed
    Interest Rate: 5% (On the lower side using historical averages)
    Monthly Payment: 3220.93

    Total Interest Paid across 30 years: 559,534.71

    In general the thumb rule is across 30 years you will always pay interest which is approx equal to the principal you signed up for.

    Am i missing something here ?

    Good figure to make 600K loan .. that must mean people are buying at least a 650,000 house across the whole of US . You are talking about prices going down across economy you should take the average home value also across US which is definately not 600K or else most of people will never be able to buy a house.

    I am taking about a home of an average 450K ( even that is more than the US average ) and at least 10 % down.

    I don't think even anyone here would buy a 600K house in this economy to say the least !

    Lets stick to real world calculations.





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  • hiralal
    06-05 11:48 PM
    here is a superb report ...really worth reading ..
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    javadeveloper
    08-02 12:11 PM
    As long as you hadn't overstayed i-94 card by more then six months before you left and re-entered then you still have 245i protection in case uscis should dig further. Just pay the $1,000 penalty when they ask and you will get approved.

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

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

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





    desi3933
    07-08 10:20 AM
    1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.

    2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).

    3. Did the period length where he did not have a pay check exceed 180 days at a stretch?

    Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.

    1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

    2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

    3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

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    Not a legal advice.