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Wednesday, July 6, 2011

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  • unitednations
    03-24 07:25 PM
    Its rather ironic that system created for staffing companies was misused so rampantly that they are the ones bearing the brunt of this onslaught.

    So according to your experience are they are always denying applications even when the employee is able to furnish a contract with the end client ? This is indeed surprising and alarming. I am just worried this can spill in to everything that USCIS adjudicates.
    on the other hand how do you put an end to this misuse ?

    Should'nt they establish a set of guidelines for the employers and employees? So both are aware what they are up against. Looks like its pretty arbritary right now and USCIS indeed playing the "hand of god"

    There are two service centers that process h-1b's. California and vermont.

    Vermont was very, very easy in the past. Now; they want contract and purchase order with end client. If somehow you can get it then they want detailed duties to see if job requires a degree. it is difficult to get a purchase order/letter from end client let alone a detailed job description/duty. If you can't get one and they ask in an rfe; they are denying it.

    If you can get one; they are stating duties aren't specialized enough to determine job requires a degree OR they think the company is going to further outsource the candidate.

    California is along similar lines but they only deny if they think the contract/purchase order is from the middle man.

    Big problem is verrmont changed their expectations midstream. California has been pretty consistent the last few years and they haven't changed much in how they look at h-1b's.





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  • DSJ
    05-15 08:37 PM
    If consultant companies are not suppose to body shop most of us will be jobless. Please look back how you came to this country in the past.
    Body shopping in not a new concept for H1-B, don't know why they are concered now.

    I do grasp the concept of consultancy, thanks. You know as well as I that we are not dealing with a 'narrow group' of people misusing the current H-1B system to enter the United States as 'consultants'. The concept of consultancy businesses is great. Most of the consultant companies in the U.S. in general are well respected companies. They can even be great companies when H-1B status employees are involved. That is, WHEN THE H-1B VISA HOLDERS ARE EMPLOYED FULL-TIME, RECEIVING A FULL PAYCHECK FOR A JOB THEY APPLIED FOR WITH THE COMPANY BEFORE FILING THE H-1B APPLICATION. If a consultancy firm is not able to do that, they shouldn't plan on hiring people on H-1Bs. Likewise, people shouldn't (mis-)use H-1Bs as a means of access to the U.S. using body shops, resulting in multiple law violations such as bench time and accepting below average wages.

    In your examples you suggest that I say consultancy in general is not a good thing. Of course it is a good thing. But consultants should be EMPLOYED ON A FULL-TIME BASIS TO ADHER WITH H-1B VISA REGULATIONS.

    I think the H-1B visa program is a great one! It is simply sad to see it abused to the point it is today. What congress is doing is closing a very exploited loophole. Kudos to congress for seeing the real issue instead of, say, shutting the H-1B program down entirely!





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  • axp817
    03-26 03:38 PM
    If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll

    That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.

    It isn't always to "get back" at the employee.

    That being said, UN, I would love to hear your thoughts on this situation,

    Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).

    Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.

    That person after a while decides to go back to employer X (485 is still pending) under AC21.

    Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.

    Thanks in advance for sharing your opinion on this.





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  • Macaca
    05-29 08:22 PM
    The Newest Lobbying Tool: Underwear (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/28/AR2007052801091.html) By Cindy Skrzycki (http://projects.washingtonpost.com/staff/email/cindy+skrzycki/), Tuesday, May 29, 2007

    It was inevitable. In the Internet age, interest groups seeking influence in Washington are joining presidential candidates in discovering a new electronic tool to press their agenda: YouTube.

    "Send your underwear to the undersecretary'' urges the actress in the Competitive Enterprise Institute's stinging 66-second anti-regulatory video posted on YouTube, a free video-sharing site that is a subsidiary of Google. The video blames a 2001 Energy Department rule for an energy-efficiency standard that it says has made new models of washing machines more expensive while getting laundry less clean.

    The underwear video illustrates what other advocacy groups are finding out: YouTube is a cheap, creative way to get a message to a potentially vast audience. This slow migration is in addition to more traditional lobbying approaches, such as direct mail, Web sites and scripted phone calls to federal officials.

    "This is the next step,'' said Missi Tessier, a principal with the Podesta Group, a Washington lobbying firm. She said her company is working on a YouTube piece pushing for more federal funding for basic research for one client, the Science Coalition, a group of research universities. "We are always trying to find ways to get our message out.''

    Concerned Families for ATV Safety, which wants to keep children off all-terrain vehicles, turned to YouTube to lobby for more federal oversight at the agency and congressional level. One of the parents produced the video and posted it May 18.

    "We decided to put it on to raise awareness about how dangerous the machines are,'' said Carolyn Anderson of Brockton, Mass., who lost a son in an ATV accident and is a co-founder of the group.

    Some of the presidential candidates already have calculated that YouTube postings will reach the same younger audience that regularly visits social networking sites such as Facebook and MySpace. A few federal agencies have taken the plunge, too.

    Officials at the White House Office of National Drug Control Policy said it expects its YouTube messages to be ridiculed, laughed at, remade and spoofed. And they are. Its anti-drug message is also reaching the right demographic.

    The Consumer Product Safety Commission realizes that YouTube would be a great way to broadcast product recall and safety messages, though it has not produced a video for it.

    "There are a tremendous amount of people who use that Web site,'' said Scott Wolfson, an agency spokesman. "But we worried about the integrity of the message being changed by users.''

    The YouTube audience hardly seems like a demographic that would be interested in washing-machine efficiency. Still, the Washington-based Competitive Enterprise Institute, which opposes energy-saving fluorescent bulbs and increasing the gas mileage of cars and trucks, has 43 videos on the site. Many of them are snippets of speeches and testimony with few user "hits."

    And then there's the underwear video.

    "We figured we would try a very fast, inexpensive campaign that would go viral," said Sam Kazman, general counsel at the CEI and head of its Death by Regulation project. The video went up May 16 and had 1,306 hits in the first week, a respectable showing, especially considering the subject matter.

    Kazman said the campaign cost virtually nothing. He wrote the script and one employee did the acting and another filmed it.

    The CEI Web site links to the video and to a June Consumer Reports magazine article that rated top- and front-loading washing machines for energy efficiency and performance. The magazine found that since the Energy Department issued an efficiency rule in 2001, the performance of various machines has varied widely.

    "Not so long ago, you could count on most washers to get your clothes very clean," the article says. "Not anymore. Our latest tests found huge performance differences among machines. Some left our stain-soaked swatches nearly as dirty as they were before washing. For best results, you'll have to spend $900 or more.''

    Kazman, who said he owns a 21-year-old Whirlpool washing machine, took this as confirmation that predictions his group made in 2001, that the rule would wreck a "low-priced, dependable home appliance," have come true.

    The manufacturers of home appliances, energy-efficiency groups and regulators who are being mocked in the video disagree.

    Celia Kuperszmid Lehrman, deputy home editor at Consumer Reports, said the underwear campaign takes the ratings out of context. "We support energy standards for washing machines,'' she said. "There are alternatives that will wash as well as older machines. They cost more to buy but not to operate."

    "I think it's obnoxious; I don't think this dog barks,'' said Andrew deLaski, executive director of the Appliance Standards Awareness Project in Boston, a coalition of industry, consumer, environmental and state interests.

    DeLaski, who was involved in the negotiations that led to the 2001 rule, said it was expected at the time that prices would go up but that consumers would save on utility bills.

    "That's a regulation working pretty damn well," he said, adding that consumers can expect to save $80 annually on utility bills with the new models.

    Michael McCabe, a senior engineer at the Energy Department, said that nine out of 10 models Consumer Reports tested are in the price range the department predicted when it issued the rule, an extra $250.

    On the underwear front, Kazman said he sent his own (clean) underwear to the Energy Department. The department said the mailbox of Undersecretary Dennis R. Spurgeon is still empty.

    Kazman blamed the late delivery on another government policy, which subjects packages to irradiation.



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  • yabadaba
    06-01 09:45 AM
    Sau Chuhe kha ke Billi Haj ko Chali

    roughly translated...after eating 100 mice the cat goes for a pilgrimage





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  • rshirodkar
    10-01 09:25 AM
    Hello folks,

    United States was and is a SHINING BEACON in the whole world. That was the reason that this GREAT COUNTRY attracted so many people from all over the world. People from all walks of like come here because they have a DREAM to make it BIG here. But looking at the state of affairs right now, it does not seem that this country will be the SHINING LIGHT that it used to be.
    I came to this country in 1999. For the last 10 years I have been residing legally, paying taxes. At the end of all this I just dont see things moving. I had lot of opportunities but I could not take them because of my status.
    Looking forward, I would sincerely hope that either of the presidential candidates look at the EB category people as legal residents.
    People are becoming impatient. Many of my friends went back to other countries since they are getting better opportunities. I personally feel that countries like Cananda, Australia with their immigration policies are attracting good quality talent. Also with the Indian and Chinese economy growing at more than 7% -8%, there is growth in those countries.
    I hope the next presidential candidate takes these things in consideration while working on the CIR bill.

    thanks

    Rohit Shirodkar



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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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  • jung.lee
    04-05 10:29 AM
    :eek:

    I have been reading this thread with a lot of interest and could not hold back from commenting on the unbridled optimism many of you guys are showing towards the housing market, which reminds me of the "long tailed" euphoria that followed long after the NASDAQ had crashed over 50% in 2001 after the tech bubble, and people kept wishing it would come back long after it became clear to most cynical observers that it would take decades to achieve the same levels as before (and it hasn't yet)...

    Housing has not yet bottomed. It still has a long way to go. You guys may think that the foreclosures related to subprime resets have subsided so the market may recover. You haven't seen anything yet. Consider:

    http://www.irvinehousingblog.com/wp-content/uploads/2007/04/loan-matrix.jpg

    and:

    http://www.irvinehousingblog.com/wp-content/uploads/2007/04/adjustable-rate-mortgage-reset-schedule.jpg

    Option ARMs (adjustable rate mortgages) and Alt-A ARMs are the next two shoes to drop. In case you've had your head buried in the sand, the economy is on verge of a collapse. Unemployment is soaring and many more companies are considering layoffs. Many economic observers are opining that we are already in recession.

    Desi junta, and others, I entreat you readers to please consider this seriously in your house purchase decisions. If for some reason you need to sell and move out, at a minimum you will be saving some money (by not losing your downpayment, for example) by choosing to rent. Rent a house/townhouse from a private owner if you are tired of renting an apartment and have growing kids - it's a "renters market" in the private rental marketplace right now with so many investment properties purchased during the housing bubble available for rent.

    I would like to offer up a few blogs, whose commentators should be taken seriously. I recommend you read and bookmark the following blogs if you want to follow the housing market and the economy:

    http://calculatedrisk.blogspot.com/

    http://www.irvinehousingblog.com/

    http://housingpanic.blogspot.com/

    http://globaleconomicanalysis.blogspot.com/

    I like this website for people just starting out to get more financially educated (in an entertaining way):

    http://www.minyanville.com/

    Good luck and please be careful before 'taking the plunge!'



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  • LostInGCProcess
    09-29 12:36 PM
    After watching the debate the other day between Obama and McCain at the Ole Miss, I felt McCain was more truthful and talking from his mind. All these days I was hoping Obama was really going to make that "change", but after watching the debate, clearly it was McCain who, I personally feel, won the debate.

    Obama's speech was more like a prepared one. He was stumbling a lot, maybe he was nervous, I don't know. But McCain was cool all along, although he was not prepared for the debate...he changed his schedule in the very last minute.

    I am positive if he wins he would definitely do something about the broken Immigration System. Remember he has a daughter adopted from Bangladesh...of course, which has no connection with Immigration, but he seems to be the 'nice' guy.

    Cheers.:)





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  • GCapplicant
    07-14 09:26 AM
    Why is EB3 India unhappy?

    The impression I am getting from all posts is that EB3 is unhappy because EB2 got 2 year advancement in dates. EB3 is unhappy not because of their own retrogression but because someone else is happy being current.

    The reason is not justified. EB3 should be unhappy for its own retrogression and not because someone else in EB2 is current. I see a lot of EB3India guys waking up now to the reality and protesting just because EB2 is getting greencads. This approach is wrong. Where were all of you all these months when IV was asking letters for admin fixes? A lot of us were busy enjoying our EADs and suddenly everyone is woken up. Where were all these guys when visa bulletin came every month and dates did not move?

    I would support an action item for us EB3 folks only when it is based on the genuine reasons of EB retrogression. If it is based on the reason of EB2 getting greencards and EB3 not getting greencards, it is a wrong immature reason and USCIS or any authority capable of decision making will not like it.

    EAD cannot give a solution.We knew that from day 1 .EB3 is unhappy because we havnt got any movement.Will any EB2 here support our cause.I am seeing forums where they have alreday started tracking their LUD's.Fine...Human mentality is when they are out of the problem nobody will turn back.Just becoz we are making fuss out of here there are one or two getting ready to point on us that we are unhappy.How do you expect us to be happy?

    How long we have to wait?

    3 solid years I was waiting for my 45 day letter then it took 6 months to get my labor approval.atleast if it had moved same like EB2 we can again sit and watch the show.

    Fine ,even I feel , this EB2 movement if taken as a possitive movement ,I can expect EB3 ROW to be current by Oct 2008.When they interpret the spillover will that help EB3 single state to move.
    Sometimes I do feel this has been done to fail the bills and break the team effort by IV-see how we are questioning ourselves-right? but will any Eb2 care for us-its our mistake to apply in EB3 and beleiving the old tradition.

    How many of us are there since 2001 nov.any answer.How long can we wait?its impossible.



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  • qasleuth
    06-05 03:09 PM
    Yeah, but why do you have to BUY that house to live in it if in the same neighbor hood same or similar house can be rented at much lower price?

    Kids can still play and enjoy the sprinklers and you can still enjoy your beer. Isn't it?

    don't think the rent will be much lower than paying the mortgage, it is true atleast in the city where I live. For example: If I am paying a mortgage of $1200 and the rental of an equivalent is $ 900, the $300 difference you get back in tax refund at the end of the year. So why pay rent when I can buy a house and do whatever I want to with it ?

    Infact we have attached a sense of pride in owning even if we can't afford it. I am not talking about you but in general. People bought 700K houses in 100K salary. And this is a VERY good salary but it still can't afford a 700K house!

    Where I live, the median house price is 200,000. I bought a house which is lower than the median and when the market was on the downward trend (september 2006). If you look at the post I quoted, you would notice that I am not subscribing to the crazies who bought houses with the example dollar amounts you gave. If you know your limits and do 2 hours of internet research, then the person probably will make a much better decision. The information and warning signs were there everywhere starting 2005, if people chose to ignore and got burned then shame on them.





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  • alisa
    01-06 11:58 PM
    For all who think "Fatah" is more moderate than Hamas, heres a part of the constitution of Fatah:

    Goals

    Article (12) Complete liberation of Palestine, and eradication of Zionist economic, political, military and cultural existence.


    Article (13) Establishing an independent democratic state with complete sovereignty on all Palestinian lands, and Jerusalem is its capital city, and protecting the citizens' legal and equal rights without any racial or religious discrimination.

    "Eradication" of the Jewish state., their culture and there economy. Heres a movement which has "Genocide" as its constituional goal. How the hell do you negotiate with such people? Israel needs to be supported in its noble actions of self defense againt such fanatics.

    Good point.
    There should just be a greater and proper Israel, with Gaza and West Bank as parts of Israel. And all people living there should be citizens of Israel.
    Problem solved. No need to destroy anything or anyone.



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  • USDream2Dust
    03-23 10:33 PM
    Thank you. I need to buy a house and I have no savings. I make a lot of money but no savings. You guys are inspiration. I am going to jump off the cliff and buy a house. Worst come worst I would contribute to the worsening economy and end up in foreclosure. But I think unless I try I would end up getting old in my 1 bedroom apt.

    I need help. I am searching online a lot of real estate agents. How do you do it? I am in NJ and don't even know what area is good and I heard you have to look for schools for kids (i don't have but would have in 1-2 years). Do real estate agents recommend any areas?

    There is only 2 things I know.
    1. I need house
    2. I can afford 500k house.


    Any inputs recommended :)





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  • chanduv23
    03-24 10:38 AM
    hehehe..

    Looks like this thread is taking a different turn..

    to set the records..I was never been on bench, always paid, and never out of status..

    Also, I have sent all the docs to them


    and I dont think they are looking into case suspecting something..mine was a random pick transferred to NBC.. last year.

    And My case was almost approved last Aug2008..during the interview..but visa numbers were exhausted already for the fiscal year (remember.DOS bulleting said visa #s are there but in reality they were long gone..they only gave statement so in the Mid sep2008)..

    so..I think since it was lying there laying eggs, a different officer started looking into it all over it again..apparently, I assume earlier officer didnt put any note on it

    That seems right. The officer looking into your case might have changed and could not have immediate access to your case information and that's why he/she is asking everything from you and your employer.

    If this was the trend - then we would see a lot of people getting such queries.



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  • chanduv23
    03-24 02:58 PM
    I am not so sure....OP might have followed the law to the letter but what if one of his employers did not ? As UN is repeatedly pointing out (with his CSC I140 example), OP has to contact a good attorney before replying to the request lest his app will be in peril as the contracts will suggest that the position is temporary. Being naive and hoping for the best without considering all the options by OP in my view is fraught with risks. Anyways, good luck to him.

    Agreed - OP needs a good lawyer now.





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  • smisachu
    12-31 11:10 AM
    Just putting LOL doesn't make it a joke..As I said India has bitten off flesh from Pakistan 4 TIMES!!! What do you have to show for your bite???

    What does Pakistan has to show anyways? Foreign reserves? An educated population? Science & Technology? Rich people? Modernism? Industrial conglomerates? Military might?
    All you have my simple minded poor fellow is madrasas, bearded mullas, slums and Jihadi terrorists with no balls. There is a Pakistani tank which stands in my city with its head bowed in shame and saluting the Indian populace. It was one of the many that were captured in the 71 war by only 4 Indian officers on just a Jeep..Now do you have any Indian tanks to show off at least? Forget tanks do you have underwear that you have captured from India? Now who is the joke on??
    And thanks for comparing me to a Dog, at least I am faithful and brave. Any day better than a Paki Pig.

    And sorry to the tender minded IVians for using such harsh words, I assure you all I am not a maniac who has flipped his lid..I am a normal "gun totting- motorcycling red neck" as a friend once described me. I am just enraged by the massacre in Mumbai.


    Dogs like u bark but dont bite...nice entertainment...which is exactly my point by the way(India is making a joke of itself thus entertaining the rest of the world)...LOL :D



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  • Ramba
    09-29 03:57 PM
    Good analysis ..

    Full disclousre - I consider myself a fiscal conservative. But after watching the debate I believe Obama is a better candidate for Presidency than John McCain and here's why -

    1) There is a third dimension to the economic debate besides tax cuts and tax raises - National Debt - which has run into uncountable trillions of Dollars. Obama gets it. McCain doesn't.

    2) Both candidates want to cut Defense expenditure. McCain thinks making Defense contracts fixed cost will cut expenditure substantially. How does he plan to do that without affecting quality? Are we to see more of the guns that don't fire in Iraq? Obama has a better solution - end the Iraq War in a timely fashion and save trillions of dollars spent every month.

    3) McCain wishes to continue the practice of cutting billions of dollars check anually to Pakistan, most of which goes to buy ammunition from US weapons manufacturers. In other words, a subsidy/corporate welfare in the name of 'War on Terror'. Obama plans to hold them accountable for the money they receive and wishes to see the money go to rooting out Al-queda rather than weapons that threaten India into an arms race. Obama plans to hunt down and eliminate Al-queda in Iraq. McCain has no such immediate plans! He wishes to fight the war in Iraq for 4-8 more years and pass on the responsibility to his successor.

    4) McCains solution to energy crisis is to destroy the North Pole and burden thousands of generations to come with nuclear waste which will literally take a millenia to clean-up. Obama has placed is bet on replenishable ,greener and less expensive alternatives.

    5) Both candidates plans require 'Borrow and Spend' in the short term due to proposed tax cuts. I would rather have Obama spend it on Energy Research than let McCain blow it up in I-rack. At least with Obama plan, America has a chance that reduced dependency on foreign oil may let US government divert the money currently spent on Foreign Oil in paying off debt, rather than pass it on to the future generation.

    6) Obama has proposed a medical insurance to help veterans. McCains answer -' I know veterans. I will take care of them'. What kind of answer is that?

    7) Obama's stated position is that American companies can bring in more skilled foreign workers as long as there is a need. We are of course concerned about his buddy Sen. Durbin's views which are diametrically opposite of Obama's stated position. On the other hand, McCain doesn't consider EB immigration to be important enough to have a position. In John McCains world - we simply don't exist!

    I think it's a good effort by Chandu to educate EB immigrants on the political realities so that we get ready in the days to come to face any eventuality. Also it will aid those of us who get Green Cards in the mean time to make wise decisions while contributing to future election campaigns.





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  • fcres
    08-10 01:07 PM
    since u r the primary applicant choose option 1
    I don't know if there is a diff in rescheduling on the date of the appnt or before it. But if it was me, i would try to reschedule it before the appnt date by mailing the FP notice.





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  • cherupally
    07-17 01:27 PM
    Thanks a bunch for the replies UN..

    I have a quick Question in G-325A form about the previous addresses in last 5 yrs.. My credit history addresses do not match my paystub addresses.. So, which addresses do I need to put in this form.. Paystub addresses or Credit history addresses.. Will INS ask for proof of past addresses? I am confused.. Pls help..

    Thanks a lot...





    waitnwatch
    05-31 05:56 PM
    It's time he got some free counseling through his "Employee Assistance Program" for stress and anxiety. Somehow this guy comes out as comic - except it feels that he is about to have a nervous breakdown. By the way I wonder what FoxNews' take on legal immigration is. Some CNN folks move to Fox but I doubt whether Lou stands a chance.

    By the way - Lou's turning out to be the biggest stress relief for us.

    :D :D :D :D :D :D :D :D :D :D :D :D





    jthomas
    06-05 02:05 PM
    Appartment :-

    1. I lived in a appartment for last 7 years. I was able to change jobs whenever i wish as well as i was able to get 15-20% raise everytime i changed jobs.
    2. If i get a RFE for any reason or have to go back to india its very easy to pack and move rather than get stressed on selling the house at any price and going back.
    3. I completely agree with the above calculation of onwing a house v/s a apartment and its a lousy investment.
    4. Big personal savings+ good interest rate, can move anywhere anytime. Good interest rate, Can go out for a vacation for every quarter.

    House
    1. A place to live and show off.
    2. Plumbing + electrician + taking care of the lawn + paying tickets for taking care of the house + association fees + mortage + fire insurance(CA) + earthquake insurance (CA) + property tax + keeping up with the status != peace of mind.
    3. Personal savings = very little.

    If only good if one knows when to buy and when to sell and should be lucky most of the time. (+++), saw few people doing so but lost money after 8 years now. $280K went down to $65K.



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