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  • paskal
    07-08 05:45 PM

    The outstanding questions, i guess, are:

    They allotted the visa numbers prior to actual approvals. This contravened their clearly stated policy. In fact the ombudsman mentions this policy and suggests change. If they allotted the numbers prematurely, and are still in the process of approving those petitions and sending out the decisions...should the numbers have remained current UNTIL THE LAST PETITION IS APPROVED?
    One could argue that per USCIS policy and stated process the visa numbers are still available till that day- a petition could be rejected at the last moment- sending a number back to the pool....

    the other question is- did they allot >81% of the numbers (27% per quarter) even before the fourth quarter began? Can they allot numbers on sunday while not accepting applications that day because they are "closed" thus denying petitioners from getting in while the numbers are current?

    i would be surprised if they went over the country cap- they have treated that as religion of late.

    the dates for india/china will only move after EB3 ROW becomes current. any ideas how far that is?

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  • abcdgc
    12-27 01:55 AM
    I also think the media could have acted more responsibly than it did. I was somewhat disappointed by Pakistani media. I think there was too much bias and not so much objectivity in the coverage. I am afraid the Indian media would have acted in a similar manner too....

    You haven't yet denounced the Bombay attacks but you are quick to attack Indian media. Good job, you have been trained well. Indian media is at fault in showing the carnage but the terrorist who carried out the carnage are saints???

    Its funny to see your assertion that its ok if 200 die in a bomb blast. It maybe ok for Pakistanis, but it is not ok for Indians. Stop calling Indian media as "bias". There was no ambiguity in the coverage. It was direct telecast. Why blame the media to educate the larger population that what's going on. Let me guess, terrorist do not like freedom of speech. You need to stop watching that garbage in Pakistani TV channels.

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  • abracadabra102
    12-26 08:03 PM
    Attacking Pakistan is a stupid idea.The hardcore hawks in Pak wants this only.
    By war this side crores will die and that side crores will die. The Laskar e toiba will go to hiding in NWF and plan for next attack. India will be backward for 10 years and Pak will be backwards for 20 years.Do you want this ?

    Don't attack Pak. It will be a failed state on its own. By war between us , China is going to gain.So, the people who want war with Pak by sitting comfortably in US, please think once again. It is not like going to picnic. It is life and death man.

    America is failing in tackling terror in Iraq and Afganistan. Israel is failing in tackling the Hamas. Srilanka is failing with Tamil tigers.So tit for tat is not working. It will only aggrevate the problem.

    Unless the fools in Pak understand the importance of real education and tolerance , they will go to drain .Now the whole world knows Pak is the culprit.They even disown their own citizen who got captured in Bombay attack.Such is the pathetic condition of proud muslim country .Shame !

    My suggestion is ask US to attack Laskar e Toiba training facilities in Pak.[ Six americans and four isralies died in the Bombay attack. That is enough reason for America's attack.]
    If US attacks Pak , the stupid people in Pak can't do anything. That way , Indian innocent jawans and common people will be spared.

    Amma, I agree with first part of your post. We do not have to go to war with pakistan. It is on its death bed already. Pakistan will not dare attack India, but we should be prepared for such eventuality. You never know what a desperate nation can do!.

    I disagree with second part of your post. We can not and should not rely on some other power like US to sort out our issues. We are a sovereign nation and are capable of defending ourselves, whatever the cost may be. Yes, it will set us back economically and we may lose thousands of lives, but that is the price we must be willing to bear.

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  • desi3933
    08-06 12:43 PM
    Don't worry there is no solid basis for the lawsuit. Only lawsuit that can be filled , if at all, is BS+5 , which is USCIS ineterpretation of Advance degree equivalent.
    Source: A reputed lawyer known to us all on this forum.
    Mode of consultation: E-mail

    Next course of action: Unknown. But folks with US Masters or higher please PM me...

    Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

    If you would like to read about related case, refer to this pdf
    http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

    Sec. 204.5 Petitions for employment-based immigrants.

    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

    (1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section:

    Advanced degree

    means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.


    US Permanent Resident since 2002


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  • Macaca
    12-26 09:33 PM
    Wal-Mart Lobbies Above Retail Value (http://http://www.washingtonpost.com/wp-dyn/content/article/2007/12/26/AR2007122600874.html) By DIBYA SARKAR | Associated Press, Dec 26, 2007

    WASHINGTON -- Wal-Mart's message to America is "Save money. Live better." Its motto in Washington might best be summed up another way: Spend more. Lobby harder.

    The world's largest retailer spent nearly $1.8 million in the first six months of 2007 and is on pace to break the nearly $2.5 million it spent for all of 2006.
    While overall spending on lobbying appears to be slowing a bit, some industries, such as private equity, and companies, such as Wal-Mart Stores Inc., are bucking the trend.

    A relative newcomer to lobbying, the Bentonville, Ark.-based company is making sure Capitol Hill knows it doesn't take a discount approach to getting its message out about everything from immigration to financial-services licensing.

    Wal-Mart spent more than $4 million lobbying in the past 18 months compared with the $6.6 million it collectively spent in the prior seven years, according to federal lobbying reports.

    The retail sector as a whole isn't a lobbying juggernaut in Washington, where defense, energy and pharmaceutical industries write the big checks. For example, Target Corp. spent $100,000 in lobbying expenses in the first six months this year, Sears Holding Corp. spent about $141,000, while defense contractor Lockheed Martin Corp. spent $4.8 million in the same period.
    Wal-Mart spokesman David Tovar would not comment on specific legislation or issues. He said the company's spending depends on the congressional agenda.

    This year, that agenda included immigration reform legislation that failed and a minimum wage-hike bill that passed. The company has said higher wages will push up the cost of goods for customers.

    For their part, Wal-Mart lobbyists pushed for tougher tactics against organized retail crime and for legislation promoting electronic health records and other technology aimed at reducing health-care costs.

    But, Wal-Mart, long criticized for having skimpy employee health-insurance benefits, also lobbied against legislation that would allow employees to form, join or help labor organizations. Its employees are not unionized.

    In the financial services arena, Wal-Mart dropped a bid for a bank license earlier this year after it was strongly opposed by banks, unions and other critics. It continues to push for the ability to offer other financial services, such as prepaid Visa debit cards for millions of low-income shoppers who don't have bank accounts.

    Other issues listed on the disclosure form included legislation tied to international trade matters, currency, taxes and banking.

    Brian Dodge, spokesman for the Retail Industry Leaders Association, which counts Wal-Mart, Costco Wholesale Corp. and Target among its 60 retail members, said in the last few years his group's lobbying efforts have increased involving various issues, including product safety, the environment, organized retail crime, health insurance and jobs.

    While he couldn't speak specifically about Wal-Mart, Dodge said the retail industry must deal with more complex matters, such as imported products involving increased government oversight by several agencies.

    Wal-Mart, which established a Washington shop about 10 years ago, spent just $140,000 in 1999. It spent about a $1 million annually for the next several years, before increasing its lobbying representation and funds in 2005 amid increased criticism of labor practices and benefits.

    "For a long time, Sam Walton really didn't think that Wal-Mart should be involved in politics," said Lee Drutman, a University of California at Berkeley doctoral student who is writing his dissertation on lobbying. "That was part of his actual belief so Wal-Mart was late to the game."

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  • gimme_GC2006
    04-13 09:36 PM
    Dear friend - looks like ur sugar levels are going up and down - hang in there. I think you will be fine. Thanks for sharing your experiences with people here.

    hehhehe..yeah my sugar levels and stock market indexes have synchronized themselves very well now..next up/down is always a guess :p


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  • xyzgc
    01-10 11:04 PM
    First of all, thanks for converting my argument about Europeans and native peoples into Muslims and non-Muslims. Shows us where our respective prejudices and biases lie. I am very happy when my comments on any situation are turned into a broad 'us vs them' thing. It just shows us that our primitive and primal instincts from the time when we split from the apes are still alive and kicking in some people. Its pretty fascinating for me.

    Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.


    The world feels Israeli attacks is disproportionate. The recent Gaza attacks and the Lebanese attacks are deemed disproportionate. But that's the only answer to rockets being launched into Israel and the bombing of commercial establishments in Tel Aviv.

    India does not attack Pakistan's terrorist camps at all.
    Its another example of grossly disproportionate response!!:mad:.
    Islamic fanatics come and violate my motherland at will makes my blood boil in useless rage. I'm even more appalled when Indians themselves remain insensitive of this fact and want to preach peace.

    India is not Israel and Israel is not India. Israel not only attacks the terrorists but also exports weapons to India. Such a tiny nation, one of the most advanced nations in South-West Asia and takes the bull by its horns!. India imports weapons from Israel, has growing defence budget of tens of billion dollars and does nothing to stop terrorism. Its absurd!

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  • immique
    07-14 01:30 AM
    what a fantasy land we are in. Do you know what an Executive order from the President means? if any one on the forum has the influence to get an Executive order from the President then this retrogression would not have existed at all.

    It may be possible to the Sec.of DHS or the President to issue an executive order to allow a "processing grace period" that extends the visa allotment past Sep30th for a given year for those cases where processing had already begun on or before Sep30th.

    This is a small incremental step - but it may help with using up a few 1000 extra numbers.


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  • Refugee_New
    04-08 12:59 PM
    Apart from location, area, school district and population etc,

    If you think the price of a house that you are looking to buy has come down to 2002 or 2003 price range, then i think you can buy. If not then one should wait.

    What do you guys think?

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  • rockstart
    07-15 08:04 AM
    Exactly I am trying to understand what pani_6 wants to really say. If DOL rejected their labor there must be some official reasons given and I am sure it will never be that economy is slow. If that is the case they would have put complete freeze on Eb2 and Eb1 category. I think the letter is factually incorrect and misleading

    So what you are saying is - some EB2 RIR petitions were rejected by DOL and employers re-applied under regular supervised recruitment under EB3.

    How does this imply that "DOL advised some of us to file under EB3?"


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  • WaitingYaar
    04-05 09:05 AM
    One thing is for sure that pending GC cannot take over the lifestyles of the individuals. One should continue doing thinking long term prosperity and standard of living. It is a good time to make this move if you have some cash to make 20% down, otherwise the rates, and type of loan programs are no longer attractive. The housing market is probably at the bottom, and hopefully with the new efforts to revive the housing market things may be improving soon. So considering interest rates are still low, housing values at 2004 level, it is a good combination. Just my 2 cents to the discussion!!

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

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


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  • Refugee_New
    01-07 03:22 PM
    hey dude. just a few posts back, you mentioned that cnn and fox are mouthpieces of a vast jewish conspriacy. and now you have no qualms in using CNN to justify another argument you are making. so i guess it's ok to switch sides in the middle of an argument? i'm not trying to demean you, but you sure have me confused now.

    CNN has to post it because UN brougth the truth out. I posted it here because you guys trust CNN and Fox.

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  • nogc_noproblem
    08-22 03:08 PM
    One day, a teacher, a garbage collector, and a lawyer all died and went to heaven.

    St. Peter was there, having a bad day because heaven was getting crowded. When they got to the gate, St. Peter informed them that there would be a test to get into Heaven: They each had to answer a single question.

    To the teacher, he said, "What was the name of the ship that crashed into an iceberg and sunk with all its passengers?"

    The teacher thought for a second, and then replied: "That would have been the Titanic, right?" St. Peter let him through the gate.

    Next, St. Peter turned to the garbage man, and figuring that heaven didn't really need all the stink that this guy would bring in, decided to make the question a little harder. "How many people died on the ship?"

    The garbage man guessed 1228, to which St. Peter said, "That happens to be right. Go ahead."

    St. Peter then turned to the lawyer. "What were their names?"


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  • desi3933
    07-12 10:34 AM
    No one??

    Did you talk to your attorney? What is his/her take on this.

    Not a legal advice.

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  • like_watching_paint_dry
    08-11 11:47 AM
    I agree with yabadaba. We should also send feedback to CNN about the lies Lou Dobbs is perpetuating on national TV.

    Go here http://www.cnn.com/feedback/forms/form4.html?7 to give feedback about Lou Dobbs.

    This is what I wrote:

    Please try to use your own language, otherwise they will ignore the emails as form letters, but try to cover all the points. Later I think we should contact other News outlets and point out the incompetence

    also send it to a competitor network and to a show which competes with Dobbs.


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  • Macaca
    12-27 07:31 PM
    'A Hole to Bury You'
    A first-hand account of how China's police treats the citizens it's supposed to serve and protect. (http://online.wsj.com/article/SB10001424052970203731004576045152244293970.html)
    By TENG BIAO | Wall Street Journal

    On Dec. 23, the United Nations International Convention for the Protection of All Persons From Forced Disappearance came into force. China has declined to accede to this convention. My experience that same day is just one of many examples of how the authorities continue to falsely imprison Chinese citizens.

    That evening, I was in the Xizhimen area of Beijing chatting with my colleagues Piao Xiang, Xu Zhiyong and Zhang Yongpan. Ms. Piao had been disappeared after she and I went to Dandong on Oct. 7 to argue the court case of Leng Guoquan, a man framed by the police for drug trafficking; she had only been released on Dec. 20. Her abductors had been officers from the state security squad of the Public Security Bureau. I asked her to narrate the entire process of her disappearance in detail.

    Later, I suggested to Mr. Zhang, "Let's go and see Fan Yafeng's mom." The day before, we had contacted fellow human rights lawyer Fan Yafeng and found out that he was under strict house arrest. But he had said that his mother was going to be alone at home in the evening and so I thought we should go see her.

    Because I used to go there frequently I remembered clearly where she lived. As Mr. Zhang and I entered the block of flats and started walking up the staircase, I had a feeling that someone was following us. Observing that we went to the third floor, a young security guard asked us whom we were visiting. We said, "We're seeing a friend." Immediately, he called out for someone else to come up.

    We knocked on the door and were greeted by Mr. Fan's mother. But as we entered the flat, the security guard came with us, and a person in plainclothes stormed in just behind him. The man in plainclothes demanded to check our IDs in a very coarse manner. I asked him in a loud voice, "What sort of people are you? How can you enter a private residence without permission?"

    The plainclothes man said, "I am a police officer. We want to check your ID cards." "You're a police officer? I want to see your police ID." "If I am telling you I'm a police officer, then that's what I am. What are you doing here?" "Is that your business? How can you prove you're a police officer if you don't show your police ID card?"

    The situation was escalating. I ducked my head and used my phone to send out a message on Twitter, and Mr. Zhang made a phone call to a friend. It was then about half past eight. The plainclothes guy made a phone call asking for reinforcement. Later I learned that at that moment our own reinforcements were mobilizing.

    Two police officers showed up. One of them showed us his police ID. I asked Mr. Zhang to note down his police ID number and name, Shi Ligang, and pass it on to our Twitter friends. Then they wanted to check our IDs. I said, "According to Article 15 of the National Identity Card Law you have no right to check them in the present situation."

    He said, "We are conducting an investigation in accordance with the People's Police Law." I said, "You can only question people who are suspected of having broken a law. We've just come to a friend's home for a visit, so you have no right to question us."

    We quarreled for some time, and that state security squad officer in plainclothes kept making phone calls asking for more people to come over. The situation was getting worse, so I sent another Twitter message.

    I talked to Mr. Fan's mother and the older state security squad officer told her not to speak to me. I got angry. "You're not even disclosing your identity, do you think you can enter other people's flat as you please and order the flat-owner about�not to mention that that's illegal, it lacks every human feeling!"

    "You should think more clearly. Don't talk so much about the law with me. Do you know where we are? We are on Communist Party territory!"

    The state security squad officer later tried to beat me. I warned him, "As you haven't shown me any documentation, you don't even have the right to seek a conversation with me. Don't push me." Then he said, "Don't you know what place you are in? This is China! Now you've come here, don't think you can leave again!"

    After about 15 minutes, a large contingent of police officers arrived. I was in the washroom at the time. I could hear the police dragging Mr. Zhang forcefully downstairs. The plainclothes man banged madly at the door of the washroom, cracking a hole into the thin wooden panel of the door. I said, "I just want to use the washroom!" He said, "You're not allowed to," and kept banging against the door. He inserted his hand through the hole he had made, and undid the latch. Several police officers dragged me out. The state security squad officer took away my glasses. I am severely near-sighted, and as a result I was quite unable to see clearly. Later, I wasn't even able to read a police officer's ID number.

    I protested loudly against this treatment. A whole group of police officers pushed, shoved, pulled and dragged me down the stairs and into a police van. Mr. Zhang's glasses and mobile phone had also been taken away. As we were dragged away we were also beaten. My hand had been grabbed so violently that it was injured in a few places. A police officer wanted to take away my mobile phone, I resisted with all my force and he eventually desisted.

    When we arrived at the Shuangyushu police station, I said, "You have no right to take us into a police station. You can't be ignorant of the provision of Article 9 of the Police Law!"

    "Want to tell us what it says?"

    "'In the following four sets of circumstances, the police may take citizens to a public security bureau for questioning: (1) if the person has been accused of having committed a crime, (2) if a person has been discovered at the suspected scene of a crime, (3) if a person is suspected of a crime and if their identity is not clear, (4) if a person carries goods with them that may have been stolen." And if you want to check a person's ID card, you can only do that in the following cases: (1) suspicion of illegal behavior, (2) control of a site, (3) sudden incidents severely endangering the social order, or (4) other situations stipulated in the law - and such a law stipulating other situations must have been passed by the National People's Congress or its Standing Committee." I knew this stuff inside out.

    "But you are a person 'whose identity is unclear.'"

    "But according to the law, persons whose identity is unclear can only be checked if they are 'suspected of having committed a crime.' I don't belong in that category." Since there are more and more activists nowadays who are familiar with these two legal provisions and use them to challenge the police, I've been told by police officers that they hate the very bones of the legislators who created them.

    Mr. Zhang and I were taken to two different rooms on the second floor of the police station. A gang of police officers again came to wrestle my mobile phone from me; and there was another scuffle. All the things inside my pocket were taken out. I protested. Seven or eight police officers loudly insulted me. Two or three were swearing especially viciously, using mafia slang words to curse me.

    A police officer shouted at me to sit; I pushed the chair over with my foot. Several officers rushed forward and twisted my arms, punched my head and choked me, and pushed me to the ground. They took me to another room. In the corridor I cried out, "I am a law teacher, I know whether or not you are violating the law." I said this primarily to make them understand that they were dealing with someone who knew the law, to make them refrain from acting rashly and inflicting too much pain�and it was also meant for the ears of Mr. Zhang and the officers who were interrogating him.

    Several police officers pushed me into a corner and one guy came up and fiercely dragged at my tie until he finally managed to pull it off, and threw it to the floor. The police officers pointed at my nose and coarsely swore at me again, and again they cried, "Do you know where you are? If we beat you, what can you do?"

    After a while, a police officer came in and said that we had been detained because we had gone to Fan Yafeng's home. One officer, who I heard addressed as Xu Ping, went from merely loudly interrogating to roaring accusations at me: "O ho, that's how it is! In that case, you belong to the enemy! F- your mother, you went to see Fan Yafeng! That c-! In that case we don't have to talk about legal constraints at all! And you motherf- won't get out of here again! You traitors, you dogs! Counter-revolutionaries! The Communist Party feeds you and pays you and you still don't acknowledge how good it is! You keep insulting the Party!� We will treat you just like an enemy!"

    I was very curious. "How do you treat your enemies?"

    "Like Falun Gong!"

    "And how do you treat Falun Gong?"

    "You'll find out by and by."

    I felt a pang of horror.

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  • msp1976
    04-07 08:31 AM
    Members working for consulting companies can talk to their employers about this. Let us know their response.

    The employers are not gonna be worried about it..

    Many of these restrictions were passed for the L1 program some 1 year back.
    I know many people on L1 still working at client sites and no one even saying peep about it...

    This is what I heard from a friend who is a employee of a NYSE listed firm with 100+ million turnover...He and a few more on L1 raised this question to their company lawyer.. The company lawyer had many arguments to defend their position. For example 'If DOL raises a question, the company would say we have offices at multiple locations one at each client site..'There is a small army of lawyers on the company's retainer and they are not afraid at all...They told the L1 employees to calm down and leave it to them....There are many creative ways in which to structure the consulting deals and the law is worth the paper it is printed on.....

    DOL is gonna have 200 more employees for the enforcement...200 is nothing frankly...Then they have to funded every year...May be congress would not fund the additional 200. Governments never have the will to go after the businesses....So the law would look very restrictive on paper and no real impact.....I know as a fact that the L1 restriction law had absolutely no impact...

    The net scenario would really depend on what happens during the first year or so...Suppose USCIS starts denying applications and they deny 10K applications...Then 5K and more of these appeal the denial and in the end sue the USCIS ..Do not forget to remember that CIR is passed and the USCIS is loaded with the legalization workload...The appeals system and the immigration courts would get swamped with these cases...As long as the case is in the appeal or the court, they employee continues to work.....The employees would have problems with the Drivers license and like but some would stick it out...Once USCIS appeals system and courts system gets overloaded with the case load...USCIS and the US attorneys would lose their will power to try to enforce the law......
    I do not know the details of judicial review for H1 denials and I did not see anything in this law curtailing the judicial review of H1B petitions...So a lot is subjective about the law.....Many laws never have their intended impact it just goes sits in some corner...

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  • mariner5555
    04-22 03:52 PM
    this is from schiller ..an economist ..I am sure he knows more about housing than others ..I guess this is a worse case scenario (if not the worst).

    Economist cautions housing slump could exceed drop of the Great Depression, require bailouts

    NEW HAVEN, Conn. (AP) -- An influential economist who long predicted the housing market bubble cautioned Tuesday that the slump in the U.S. housing market could cause prices to fall more than they did in the Great Depression and bailouts will be needed so millions don't lose their homes.

    Yale University economist Robert Shiller, pioneer of the widely watched Standard & Poor's/Case-Shiller home price index, said there's a good chance housing prices will fall further than the 30 percent drop in the historic depression of the 1930s. Home prices nationwide already have dropped 15 percent since their peak in 2006, he said.

    "I think there is a scenario that they could be down substantially more," Shiller said during a speech at the New Haven Lawn Club.

    Shiller's Standard & Poor's/Case-Shiller home price index is considered a strong measure of home prices because it examines price changes of the same property over time, instead of calculating a median price of homes sold during the month.

    Shiller, who admitted he has a reputation for being bearish, said real estate cycles typically take years to correct.

    Home prices rose about 85 percent from 1997 to 2006 adjusted for inflation, the biggest national housing boom in U.S. history, Shiller said.

    "Basically we're in uncharted territory," Shiller said. "It seems we have developed a speculative culture about housing that never existed on a national basis before."

    Many people became convinced that housing prices would increase 10 percent annually, a notion Shiller called crazy.

    08-05 09:04 AM
    I need to find out how many people are interested in pursuing this option, .....

    Why ppl jump from EB3 to EB2? because EB3 backlog is huge and they are waiting since 4/5 yrs to get GC.
    if these 4/5 yrs experience added, then they are eligible for EB2.
    To stop jump from Eb3 to EB2 best way is to make EB2 current, so EB3 start getting GC and they stop comming to EB2.
    So Lets put efforts to clear backlog, which IV is doing rather differenciating our friends based on different categories.

    we should do progress togather. Remember we are I + We (IV).

    08-06 10:41 AM
    I'm not a lawyer but I think it'll be hard to prove that A qualifies for EB2 given that he/she does not have a Masters or 5 years of experience in a related field.

    Regarding the EB1 spillover - yes, it's a valid question but the fuzziness of the law gives them enough room to interpret it either way.

    Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?

    Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?

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