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  • satishku_2000
    05-16 05:12 PM
    Both are problems. The misuse of H-1B visa petitions prevent honest people from obtaining such a visa. That is not right. The issue of the illegal immigrants in this country is an ugly one as well. In my personal opinion, I do not believe any talks of amnesty should affect people with green card petitions pending. People given amnesty should go to the very back of the line and pay a serious fine on top of that.


    In earlier posts you were talking about how people have to leave if they can not get their H1 renewed under new law saying some one who cannot find "real job" should leave.

    What kind of real jobs these undocumented people have , that your beloved Senator loves them so much ? Shouldn't they be deported first according to you law and order folks?





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  • lfwf
    08-06 04:19 PM
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  • Ramba
    07-14 03:44 PM
    --------------------------------------------------------------------------------

    It is very understandable the frustration of Eb3-I guys. The reason is very simple; supply Vs demand; nothing more nothing less. Both EB2 and EB3 gets about 40K visas per year. Since worldwide demand for EB3 is extremely very high, India gets abot 3000 visas per year. However, there is not much worldwide demand for EB2 visas, India and and China gets all spill over in EB2 catagory plus unused visas from EB1. This makes availability of visas in Eb2-for India and China is very much higher than EB3. I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.

    Study the visa statistics for last 10 years at DOS website. http://travel.state.gov/visa/frvi/st...tics_1476.html
    Then, one can easily unserstand the demand for EB3 in worldwide. The reason is, unfortunatly EB3 has professionals and skilled workers catagory. There are thousands of skilled workers (who has just two years working experince with out much education) are in demand for EB3 numbers every year accross the world. This makes the availablity for India is just 3000. 1500 restarunt cooks with their dependents from India is sufficient to consume one year quota in Eb3. Thatswhy India stuck in 2001. It will be like that in future too. It will be in snail phase.

    So, it is not the DOS or CIS or DOL determines the movement of cutoff dates. It is the INA that contolls the allocation. DOS is just doing their job.

    The INA does not address how to give prefrence to a EB3 Indian guy with PD in 2001 with EB3-ROW guys with PD 2007. Every year EB3-ROW pours tons of new application. The demand from ROW will not dimnish, so India will get only 3000 by the virtue of increasing new demand by ROW form easch passing years. A ROW guy with PD 2007/2008/2009 will be in preference than a EB3 guy from India with PD 2002. Therefore there should be a mechanism to balance this effect. Unfortunatly there is no provision in INA. So, DOS may not help to overcome this, as DOS is a just a implementer of INA.





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  • Macaca
    12-27 07:32 PM
    But they got no answers out of me�a total failure. Officer Xu, while asking me questions, kept kicking my legs. I said, "Be a little more civilized!"

    Then he said, "So what if I act like this, what can you do! In other matters I will actually still be afraid that someone might complain. But you here, you are an enemy. We can beat you and swear at you and if you complain, it will be useless even if you complain to the Ministry of Public Security!" I thought, this little police officer is younger than 30, how is he so well versed in the Maoist doctrine of the "contradiction between the enemy and us"?

    A tall plainclothes officer was getting impatient and said loudly to Officer Xu: "Why waste words on this sort of person? Let's beat him to death and dig a hole to bury him in and be done with it. How lucky we've got a place to put him away here." Turning to me, he said, "Think your family can find you if you're disappeared? Tell me, what difference would it make if you vanished from Beijing?" Later he whispered to Officer Xu, "Put him away in the hotel!" I could not hear clear what hotel he meant, but from the context I assumed he was referring to that "place to bury you."

    I knew they were not just joking, and I felt like a small ant that could be annihilated any moment without a trace. And yet I was not that scared. For one thing, I had already sent out a message on the Internet, and for another, they had by that time also taken my ID card out of my bag and realized that I was a teacher at the China University of Politics and Law.

    This special status was the reason why I was not beaten more severely, and why they did not "dig a hole to bury me." And it is true: I had disclosed this information to the police officers, albeit half-consciously, to avoid being beaten more severely. If it had not been for my status as a teacher at CUPL, a doctor with a degree from Peking University, a famous human rights lawyer, a visiting scholar at Yale, could I still have shown as much courage? I very much doubt it.

    I felt ashamed of my status and the differential treatment I was enjoying on account of them. I even felt that if the police didn't succeed in burying me they would vent their rage against some other disobedient person. Any pain that I was being spared was sure to be inflicted on another, more helpless victim at some point.

    How much terror, humiliation and despair do ordinary people suffer who get locked up in police stations, re-education through labour camps, investigation detention cells, custody and repatriation cells, and black jails in the face of a bunch of police officers who regard a person's life like a blade of grass and treat ordinary people as foes? Police officers across the country threatening to "beat you to death and dig a hole to bury you," how many people do they actually beat to death or beat until they are disabled?

    It was almost midnight when the Beijing Municipal Public Security Bureau sent round some officers who said they wanted to take me away. They returned my glasses, mobile phone and other things. I told them that I would only leave together with the friend who had been detained with me.

    After some more argument, they led me and Mr. Zhang to a car. Someone called my name, and I immediately recognized some netizens. I could not get out of the car but I shook hands with them through the window. Later I learned that many others had also rushed to the scene. An unknown number of netizen friends had expressed support on the Internet and passed on the news. Maybe that is the main reason why we were so quickly released.

    On the way back home, a Beijing state security officer complained to me, "If everybody fought with them using your methods, the police would have no way of continuing their work! How many fewer common thieves they'd be able to catch!"

    I replied, "If the law-enforcers don't act in accordance with the law, what use are they really to citizens? Police should catch thieves, but can those who 'beat you to death and dig a hole for you' still be called 'police'? If people are fighting each other using my methods, maybe fewer common thieves will be caught, but fewer citizens will be beaten to death in police stations. In which of these two situations are society's losses greater?"

    Mr. Teng is a professor of law at China University of Politics and Law


    The Challenges China Faces (http://asiasentinel.com/index.php?option=com_content&task=view&id=2892&Itemid=422) By John Berthelsen | Asia Sentinel
    China�s Attitude toward Hard Power and Soft Power (http://www.brookings.edu/opinions/2010/12_china_soft_power_jia.aspx) By Qingguo Jia | Peking University
    Computing set to bolster China's industrial prowess (http://search.japantimes.co.jp/cgi-bin/eo20101227a1.html) Sentaku Magazine



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  • Rinku
    05-15 02:19 AM
    hey guys,

    M new to this. I have applied for a H1 B this year ....i went thru the pdf on bill S 1035 ...& it states the following:

    Section 2(e) Prohibition of Outplacement
    1. Employer cannot place, outsource, lease, or otherwise contract for the
    placement of an employee on H-1B. (This prohibits any consulting work for
    an employee on H-1B).
    2. This applies to all the application filed after the enactment of this bill.

    Does it mean that all existing consulting work will also be in danger?? M a bit confused as point 2 states that it will be for all applications after the enactment of the bill. Does that affect H1-b holders frm this year itself??





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  • LostInGCProcess
    01-07 05:28 PM
    Anyway, i'll sign off and i won't post any more message in this thread again.

    On page 8 or 9 you said you would not post any more message and still you continue to post !!!! Don't say anything that you can't keep up with.



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

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

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

    Any help would be greatly appreciated.

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

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

    Thanks!

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


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


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

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

    Biggest advantage:

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

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

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

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

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





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  • conchshell
    08-09 01:48 PM
    A friend to another: "When I die, I want to die like my grandpa who passed away peacefully in his sleep, but not like the freaked out passengers of the car he was driving."



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  • anandrajesh
    03-24 03:31 PM
    But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.


    Isnt that true? If you are in the IT industry for the past 10 years you know it is true.
    We, Indians are the ones who has mastered the art of circumventing the H1B process and screwing up the job market. Fake Resumes, Fake References, not working in the state where you are approved, somebody appearing in the phone interview and somebody else showing up in the Face to Face interview and what not.

    I am not tainting the whole community here, and i am one of you. I agree that atleast 80% of us are Genuine, hardworking candidates. There are few chosen individuals(rest 20%) who did unethical & immoral things for their own good and we are the ones who are paying the price for this whole mess. You can chose to deny this fact and live in a world of denial.





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  • sanju
    12-18 12:46 PM
    Guys..

    If you believe in Science, you wont tend to believe in any religion or for that matter any God..

    God was created by man..

    Imagine this :

    Take for ex : God is human.. How can a human being be supreme or whatever and manage other humans.. For ex if 1000 people commit crime how can a God being a instance of human being watch them.. Even if he watch them how can he punish them.. all not humanly possible.. so God cannot be human..

    So let us take like what Islam says.. God is not human nor he is physically presence.. In that case how an Supreme being again watch all of our deeds when even a human kind of thing is not possible.. So God cannot be supremely supreme to watch us..

    Earth all happened by itself and it evolved by itself.. It will destroy itself and it will retransform itself.. this is the absolute truth.. believe it or not..

    Everyone has some kind of inner consciensus.. you be afraid to that and answerable to that.. (You can call it as God if you want..)

    Other than that start believing in Science and be answerable to yourself.. Nothing else matters...

    You are saying all this out of sheer ignorance and you yourself dont know what you are speaking about your own creator. If you know little science you will go away from religion, if you know more science, you will come towards religion. You are a victim of the former.

    All through out the history, Religion has been in competition with science. Why? Because Religions want to be the answer to every question -why do we have day and night, earth is flat,...? Then came science, providing valid reasoning to these questions. So there was competition. In earlier years, as we all know, people who said that earth was round were executed by the religious people who felt thretened. That close mindedness did not end there, it still flows in everyone still praticing some form of oraganzied religion.

    Human behavior is such that we try to make up reasons to explain everything around us. And for the things we don't understand, we go to our religion to find answers for the unknown. Religions always comes up with some answer, which is proved wrong 100% of the times as science progresses. It would be ok to believe religious view that earth is flat and "GOD" is spinning the earth on his/her fingers. But you see, we no longer live in medival period, and know better than that. Although, we have gained knowledge and we continue to find out more things, but the religious leader still wants mankind behave as if we are living in medivial period. Based on what the so called religious leaders tell us, people still follow these books litterally and blindly, because mankind continue to look towards religions whenever we are not able to find answers to our questions. And this bahvior pattern has gotten embrossed into our genes during 100s of generations.

    And scientist do not have answers for everything, yet. And for the things they don't have answers, because of their genes and their lack of ability to answer every question, they look upon religion for answers to questions that they cannot explain. But great scientist have never relied on "a religion" to explain GOD, although most have acknowledged their believe in the existance of GOD. But that in itself is not enough for us to take the word of the book each religion preaches litterally, and call people from other faiths as non-believers, evil, kafirs or every other synonym out there. That's the same kind of ingorance and disease as demonstrated and abetted by people who killed scientist in the middle period for saying that earth is round. Its the same kind of behavior that tells others to riot because some newspaper published a cartoon in some part of the world and that cartoon offended my GOD. I mean, how shallow is that God or show narrow minded is that religion which gets offeneded by a cartoon. And that doesn't applies to one religion, it applies to evey organized religion out there. Just think ....

    Following an organzied religion doesn't mean that you acknowledge the existance of GOD or you "believe" in GOD. It just means that you believe in the religion in which you were born, and inspite of everything you learned, you fall short of finding answers to your questions, and hence the narrow world view.



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  • Canadianindian
    09-30 04:42 PM
    I like Obama's opinion and his enthusiam. I would support him financially and in fact campaign and vote for him.

    However, I am not sure if he understand the plight of Legal immigrants who have suffered for years with no relief in sight. We are law abiding people, but have to suffer tremendously. I am not sure if Obama is aware of our plight.

    I am afraid if Obama wins the election, our chances of getting the GC will diminish as the CIR will not get his support to benefit the EB immigrants.





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  • unitednations
    08-02 06:58 PM
    this is interesting: If I invoke AC21, and get a letter from a new employer, they can still ask me for a letter from old employer saying they intended to hire me?? The fact that they submitted a future employment letter with my 485 and did not revoke the approved I-140 for 6 months not enough to prove that the intent remained at the end of 6 months?
    Did the USCIS officer suspect fraud or something? Is there a specific legal basis for this denial? I thought past 6 months there is no dependency on that old employer (future-employment or otherwise) and all depends on your new employer and his employment letter.


    People always read what they want to read.

    Read the memo and they always mention "intent", "good faith".

    USCIS always leaves significant wiggle room for themselves when they want to deny cases.



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  • GCapplicant
    09-26 10:02 AM
    For me Obama and Mccain are equally good candidates. I would prefer Hillary Clinton over both of them.

    McCain is a great guy, but he is with the wrong party. A party that aligns itself with anti-immigrants.

    Now that we don't have much hopes for HR-5882, we should start targeting the CIR right now. Maybe we can talk to the Hispanic and other groups which will have an influence over CIR and have our provisions taken care of.

    It will definitely be easier to tie-up with Hispanic caucus and other groups than anti-immigrants.


    I agree with you - mediating with Caucus is the only option.Legal is nothing infront of them.They are the real majority when compared to our %.

    Even if they bring new restriction over EB category - we have already applied and are in our final stage only.It's only the visa numbers.

    The new rules might be for the new applicants ,maximum they might bring in Stem.There is nothing more they can do for us.More restrictions on us is quite impossible.

    Oct 2009 should be in favor to us all.I have to only pray God.We have to just move on with our life.





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  • mariner5555
    04-14 03:09 PM
    You will never learn. Anyways, if you read my earlier posts you would know that I have said that people who most people who live in apartments would be having valid reasons. I have also said that if I were in CA. I would be living in an apartment too. I am never against renting or living in an apartment, but I am against renting when it makes perfect sense to buy and when the time is right (which of course is NOT NOW).

    My counter arguments are for people who were scaring people into not buying a house when things are conducive for them. Note, when I say conducive it means all things considered as in the time is right, they have a good job, have found a very good deal in a location having a very good school and they have found something which has an extra room when their elderly parents visit them.
    I can say the same about you. let me clarify too ..and let me stop this since I (and I guess you) have better things to do
    my arguments were for people who are being pressurised to buy as if in 3 months prices will go sky high. or for those who are saying that owning a (big)house = better life ..(both are incorrect from a different angle ..so look for your own angle ..for eg you need space ..(u get space but maintenance is more).
    if you have atleast a GC, good savings / or super pay, find a good deal (good location with less commute time) and you need the space ..then buy a house.
    there is an excess of supply and v.low demand (compared to past) ..so if you can wait for some time to get a correct place then wait (and maybe keep looking / doing research etc) ..the worst thing you can do on a EAD (and in uncertain times) is rush and buy just because somebody told you to do that. the bottom line is ..this was a massive massive bubble ..something that has never occured on this scale ..and housing will be down for a long long time ..so it makes sense to wait for a GC atleast.



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  • rimzhim
    02-02 01:23 PM
    this info is for lou dobbs and he can search for this information in Wikipedia, the free encyclopedia (for all the middle-class that can get free information, most likey coded by an H1B)

    [edit] Taxation status of H-1B workers
    H-1B workers are legally required to pay the same taxes as any other US resident, including Social Security and Medicare.[2] Any person who spends more than 183 days in the US in a calendar year is a tax resident and is required to pay US taxes on their worldwide income. From the IRS perspective, it doesn't matter if that income is paid in the US or elsewhere. If an H-1B worker is given a living allowance, it is treated the same by the IRS as any other US resident. In some cases, H-1B workers pay higher taxes than a US citizen because they are not entitled to certain deductions (eg. head of household deduction amongst many others). Some H-1B workers are not eligible to receive any Social Security or Medicare benefits unless they are able to adjust status to that of permanent resident.[3] However, if their country of citizenship has a tax agreement with the United States, they are able to collect the Social Security they've earned even if they don't gain permanent residency there. Such agreements are negotiated between the United States and other countries, typically those which have comparable standards of living and public retirement systems
    Lou knows it all; he knows it is the L-1 visa holders and not the H1B visa holders. But his viewers know what H1b is and have never heard of L1. So it helps him to cite H1B. He has shown "figures with 0 tax returns" on his show at times; they are from ppl who are now on H1B but were on L-1 in the past when they submitted the 0-tax returns.





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  • lfwf
    08-06 04:19 PM
    I thought you ported pascal's id :)

    :D



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  • gapala
    06-05 10:05 PM
    Real estate cycles are lenghty ones.. not like stock markets which turn around in 4 to 5 years.. Real estate booms are seen once in every 15 to 18 years... This is because the sum of amount is huge and the stabilization time frame.

    Based on current outlook, the prices for houses will fall until end of 2010 and will stabilize in next 5 to rise again by 2015 to 2017. This is purely based on historic pattern.. Now god kows what these crazy folks like Bernankie (15 fold increase in currency base projected in Fed Reserve BS. :D) and Gessner' (foolish tax payer investment in GM though it looks like payback to unions) interfearance will do to this country...

    Some people jump guns and create demand for home to get $8000 credit... you can see now the builders are increasing prices for homes in the market... slowly.. but will not sustain into 2010.. it will fall for one important reason, supply is too much.. oh by the way.. 30% of home owners want to sell their homes in this market to avoid further fall... based on recent survey..





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  • unitednations
    08-02 02:17 PM
    Definitely so. The fundamental problems of visa numbers and national quota remain and I think the next few months are going to be hell because of this stupid decision to rescind the July bulletin and allow everybody to apply for the I-485. How does one travel in an emergency after the I-485 is filed for but the receipt has not been received?

    Once 485 is filed you can leave and re-enter the country if you have H or L visa.

    You don't need to wait for the actual receipt.

    Problem occurs if you leave before august 17th; thinking that lawyer has sent the case when he really hasn't and you were out when ucis receives the package. Eventually; uscis would figure it out and could deny the case becuase of this.

    Also, not wise to leave before august 17th; because if the package gets returned for whatever reason then you need to be here to send it in again and you would have to update with new passport pages with stamps and i-94 card and date of last entry, etc.

    I understand that people have to go out on business but they are unnecessary complications that people are doing.





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  • GCnightmare
    08-02 11:24 AM
    I am on H1 since 1999 with same employer except for a long interval of 16 months. I filed my labor in April 2001 (assuming 245(i) will cover me). I was not on payroll during Aug 03 to Dec 04. So my W2 for 2003 is 33% less than LCA and no W2 for 2004. I last entered US in Sept. 03
    I filed my I-485 in June 07. I-140 was approved under PP.
    My question is that what are my chances of being approved?
    Also is there anything I can do now to rectify it?
    I have no issues with the employer. He is willing to help me out in any way.
    Thanks a lot





    number30
    03-25 01:09 PM
    UN I think you are hyping up the current situation too much.

    Yes there are raids and arrests,

    But it is not so bad. You are saying as if everyone in consulting is getting denied. If it was so bad, all immigration forums would have been filled up with denial posts and cries for help. Maybe you have encountered people who only faced denials and not the entire spectrum. Thus your judgement may be influenced.

    I guess you are right. My company applied H1 for three people 2 transfers and one extension. All premiums. Two cases got approved and one case got big RFE like consulting company or placement agency, requirement of bachelor degree etc. Etc. We are still waiting for the third one. We are not big company having around 50 people working





    jung.lee
    04-06 04:54 PM
    :p

    I had no idea my two humble posts would stir up such a hornets' nest among the desi junta here. I certainly see more "bears" coming out of their hibernation now that spring is here :).

    OK, I admit that I am also in the camp that really wants to buy a house and "settle down" in a good area with good schools for my kids. The mythical "nesting instinct" is alive and well here. I am obsessed with the real estate market, and am constantly watching real estate porn as my wife calls it, i.e., surfing on ziprealty.com and redfin.com trying to spot good deals.

    However, the reality is that I am scared sh*tless of the market right now. I do not want to burn my hard earned equity in the form of a good 20% plus downpayment. If you are in the same situation as I am, then I would offer the following practical suggestions to help you cope with the situation:

    1. Rent a house/townhouse/condo from private parties instead of an apartment complex to help you understand the responsibilities and expenses of homeownership.

    2. If renting an apartment in an area with moderate schools, and have school age kids, instead of trying to chase the dream of building equity in a house in an area with good public schools, in the short run, consider sending your kids to a decent private school. The cost of added property taxes in case of home purchase would alone balance out the high monthly payments of private schooling, with probably better "return on investment" at a private school.

    3. Feel good about renting an apartment: You should not succumb to peer pressure and try to keep up with the Janardhan's (OK, bad joke, "Joneses") and buy a house just because other people took the plunge at the wrong time. Your time will come. Just be patient. Not to be taken lightly is the fact that in the month of April we celebrate Earth Day - think positively about all the energy you are saving living in an apartment with shared utilities with other people living in the complex. A house is a big energy guzzler (although I am sure an enjoyable one!) in all respects - more heating and cooling costs, more water used (esp. in summer with lawn watering), more greenhouse gas emissions from your individual lawn mower, leaf blower, and snow blower (can you picture yourself mowing your lawn or riding the snow blower in your lungi :D- OK this joke is getting old)...

    4. More quality time spent at home with the kids - when you are not having to do chores around a big house. A house seems to take up a lot of maintenance time, not to mention time spent cleaning/vacuuming /dusting the entire 3000 sq ft area and otherwise maintaining the 1/4 acre yard. You could instead spend a lot of quality time with your kids doing projects/homework/art work with them and being a kid again yourself. In a house it is more likely that unless you have kids big enough to help you do those chores for some incentive, your kids will be watching Dora and Diego while you are cleaning up.

    All in all, I think there are many positives to look forward to while you save money renting, and like I said before, when the time is nigh, you will have your turn. You will also by then, hopefully have your green cards in hand and may even be able to move to a more desirable city or other states looking for better work opportunities and where your downpayment savings will take you farther in getting you more for your buck.

    Cheers!



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