newbee7
07-09 03:54 PM
I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
Delhiguy,
YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
Delhiguy,
YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.
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svbp007
02-24 01:53 PM
Hi, I hope somebody helps in my dilemma.
I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?
Thanks.
There should not be a problem with your L1. It was a requirement to get L1...not to stay on L1. Given that L1 is a dual intent category...it does not make sense either.
I know directly of a case where the company from which a colleague came from India was sold to another company ....but because in the preceding 3 years the Indian company was an affiliate...it was OK.
What L1 requirements are you talking about ?...is there any rule that you saw that states that if the subsidiary closes L1 becomes invalid?...can you provide that link/info ?
I am currently on an L1A visa. I heard that my main office (where I am now working) is closing the foreign office where I come from. Based on L1 requirements and facts, it states that once the subsidiary closes, my L1 becomes invalid. Given this, the company is willing to sponsor my green card as soon as possible. It will probably still take a year before the subsidiary officially closes. What are my options? If they have to close the company while my green card is being process, would it be cancelled ?
Thanks.
There should not be a problem with your L1. It was a requirement to get L1...not to stay on L1. Given that L1 is a dual intent category...it does not make sense either.
I know directly of a case where the company from which a colleague came from India was sold to another company ....but because in the preceding 3 years the Indian company was an affiliate...it was OK.
What L1 requirements are you talking about ?...is there any rule that you saw that states that if the subsidiary closes L1 becomes invalid?...can you provide that link/info ?
Jaime
09-28 05:44 PM
Having worked for short periods of time in Germany and Netherlands, I would say that they very much make you feel that you are a foreigner, you can never fit in and are most unwelcome in the country. What irked me is the attitude that they will take your money gladly but don't want you there.
In fact when I was looking for accomodation in Stuttgart the first thing the landlords asked me was "When are you going to leave?".
The US may have it's faults, but I've never been asked that question by property owners, only by consulate officers.
No thanks, I would rather move back to India than work as a third-class citizen in Europe. :mad:
Somebody said our own Asian migrants are against us. I can see their viewpoint. We are perceived to pose a threat to the well-being of their children and they do have a sense of entitlement just because they happened to come here earlier. Can't change that attitude. We can also see that in some people who haven't yet got their green cards or are newly minted resident "aliens". E.g. Entitlement due to Master's degree from US, Consultants vs FTE, Desi company consultants vs American company consultants etc. Did we ever stop and think that the system does not even need to play "Divide and Conquer" in a house already divided?
I frankly think that to an average joe in the US all of us are just another brown guy or chinaman etc. (apologies to the non Asian members of IV) and we don't need to feel that we are somehow superior to the other immigrant.
Sorry that happened to you in Europe. About the U.S. Average Joe, I need to tell you my point of view. I've lived in the U.S. for more than half my life and I have come to know Americans. While many are the way you described, no two persons are alike, and there are many great people in this country who see us as individuals and love us for who we are. Stay away from the bad crowd and look for those good people. They are out there!
In fact when I was looking for accomodation in Stuttgart the first thing the landlords asked me was "When are you going to leave?".
The US may have it's faults, but I've never been asked that question by property owners, only by consulate officers.
No thanks, I would rather move back to India than work as a third-class citizen in Europe. :mad:
Somebody said our own Asian migrants are against us. I can see their viewpoint. We are perceived to pose a threat to the well-being of their children and they do have a sense of entitlement just because they happened to come here earlier. Can't change that attitude. We can also see that in some people who haven't yet got their green cards or are newly minted resident "aliens". E.g. Entitlement due to Master's degree from US, Consultants vs FTE, Desi company consultants vs American company consultants etc. Did we ever stop and think that the system does not even need to play "Divide and Conquer" in a house already divided?
I frankly think that to an average joe in the US all of us are just another brown guy or chinaman etc. (apologies to the non Asian members of IV) and we don't need to feel that we are somehow superior to the other immigrant.
Sorry that happened to you in Europe. About the U.S. Average Joe, I need to tell you my point of view. I've lived in the U.S. for more than half my life and I have come to know Americans. While many are the way you described, no two persons are alike, and there are many great people in this country who see us as individuals and love us for who we are. Stay away from the bad crowd and look for those good people. They are out there!
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vivekm1309
07-28 12:53 PM
Guys, IV is an immigration related forum, if your religious sentiments are hurt by a picture on beer bottle, please take it to the pertinent forum. ( why create a ruckus here ?)
I am sure that VHP, RSS or whatever orgs are having their forums to hear these kind of greivances.
Why do we need to divert the attention of this forum to any issues it is not supposed to look at ?
I am scared of Red dots but this fear doesnot stop me form requesting sanity in the discussions.
I am sure that VHP, RSS or whatever orgs are having their forums to hear these kind of greivances.
Why do we need to divert the attention of this forum to any issues it is not supposed to look at ?
I am scared of Red dots but this fear doesnot stop me form requesting sanity in the discussions.
more...
ajay
07-01 04:59 PM
I completely support this idea.
GCard_Dream
01-17 02:18 PM
anurakt,
The intent of the message is appropriate but the presentation isn't. I know core team is very frustrated with the lack to contribution and it's perfectly understandable but language like this will only turn more people off and that won't help anyone.
I agree with the post earlier that may be you should just delete your post for the good of the community and I am sure you know that.
The intent of the message is appropriate but the presentation isn't. I know core team is very frustrated with the lack to contribution and it's perfectly understandable but language like this will only turn more people off and that won't help anyone.
I agree with the post earlier that may be you should just delete your post for the good of the community and I am sure you know that.
more...
humdesi
02-17 02:20 AM
OH REALLY? 500 K will walk out with u? Can u initiate the call please?
I don't think canuck said he wanted 500K people to walk out. It was just a hypothetical scenario.
But I agree - this whole mudslinging is disgusting. BTW, it's not between Indians and RoW. It's between Indian trolls and RoW trolls.
I don't think canuck said he wanted 500K people to walk out. It was just a hypothetical scenario.
But I agree - this whole mudslinging is disgusting. BTW, it's not between Indians and RoW. It's between Indian trolls and RoW trolls.
2010 New York Islanders 2 Tone
Chiwere
02-13 04:04 PM
His views are distorted.
Can Americans go to India on H1B or similar visa to get work? No? Well, so think about it.
Skilled immigrant not mucho good googling....:D
The Indian Consulate, New York, provides information on the relevant
Visas. It appears you will have to apply for an Employment Visa. There
is detailed information on the page and a Visa Application Form. I
note there is also a Journalists Visa which is for three months. I
don?t know if this is applicable to your situation.
This is some of the relevant information.
EMPLOYMENT VISA: Employment visas are initially issued for one-year
stay. A copy of the contract with the employer has to be enclosed.
Kindly note that Employment Visa is given only for jobs that require
very high level of skills and expertise. This can be extended by
Foreigners Regional Registration Office in India, if the job contract
continues. Spouses and children are granted co-terminus entry visas on
request.
http://www.indiacgny.org/php/showContent.php?linkid=23
Can Americans go to India on H1B or similar visa to get work? No? Well, so think about it.
Skilled immigrant not mucho good googling....:D
The Indian Consulate, New York, provides information on the relevant
Visas. It appears you will have to apply for an Employment Visa. There
is detailed information on the page and a Visa Application Form. I
note there is also a Journalists Visa which is for three months. I
don?t know if this is applicable to your situation.
This is some of the relevant information.
EMPLOYMENT VISA: Employment visas are initially issued for one-year
stay. A copy of the contract with the employer has to be enclosed.
Kindly note that Employment Visa is given only for jobs that require
very high level of skills and expertise. This can be extended by
Foreigners Regional Registration Office in India, if the job contract
continues. Spouses and children are granted co-terminus entry visas on
request.
http://www.indiacgny.org/php/showContent.php?linkid=23
more...
greenguru
12-10 02:16 PM
He got his GC.. i will not expect him here.. we need one more VLDrao
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sundarpn
01-18 11:45 PM
off topic. Since you went to get yout visa stamped, was there any dealy due to the new PIMS verification system?
Which consulate did u goto? Was this renewal of your H1b stamping? How long did it take for you to get the passport back?
thx
Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.
On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.
On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.
One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).
I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.
Sir, are you a US citizen?
I said, No
Then, he asked me, can I see your immigration documents.
I have shown my passport to the police officer.
He looked at H1-B visa and I-94 and asked me; who do you work for?
I said my employer�s name.
Later, he gave me my passport back.
Now,
I have asked the Police Officer few questions
1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?
Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.
2. What would you have done to me, if I had failed to present my passport?
Police office said, I could have DEPORTED you.
3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?
Police office said, No. Technically, you must carry original documents at all times.
I would advice you to carry Passport at all times.
I did not know this until Police Officer told me about this LAW.
P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.
Which consulate did u goto? Was this renewal of your H1b stamping? How long did it take for you to get the passport back?
thx
Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.
On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.
On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.
One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).
I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.
Sir, are you a US citizen?
I said, No
Then, he asked me, can I see your immigration documents.
I have shown my passport to the police officer.
He looked at H1-B visa and I-94 and asked me; who do you work for?
I said my employer�s name.
Later, he gave me my passport back.
Now,
I have asked the Police Officer few questions
1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?
Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.
2. What would you have done to me, if I had failed to present my passport?
Police office said, I could have DEPORTED you.
3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?
Police office said, No. Technically, you must carry original documents at all times.
I would advice you to carry Passport at all times.
I did not know this until Police Officer told me about this LAW.
P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.
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hibworker
05-23 05:52 PM
You hear about the 1 crore offers that IIM students get from top American companies? Well, they are kicked out of the job in 1 year and then join Infosys or Wipro. Not because they are not brilliant but because their conversational skills are terrible and so is their language.
Really - and what anecdotal / statistical evidence do you have to make such claims?
I agree that typical MBA jobs require more human interaction than an IT/engineering job and hence it is important to understand the host culture in which you operate - but making claims that IIM grads get kicked out after a year are BS.
Really - and what anecdotal / statistical evidence do you have to make such claims?
I agree that typical MBA jobs require more human interaction than an IT/engineering job and hence it is important to understand the host culture in which you operate - but making claims that IIM grads get kicked out after a year are BS.
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delax
07-13 08:19 AM
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
GCBy3000,
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
GCBy3000,
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
more...
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Green.Tech
03-03 04:43 PM
That is option # 2
No, it's not!
I know guys who are going to buy a houses shortly and are not worried about EAD/GC/any of the GC related stuff, and their PD's are in 2006, 2007.
No, it's not!
I know guys who are going to buy a houses shortly and are not worried about EAD/GC/any of the GC related stuff, and their PD's are in 2006, 2007.
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waiting4gc
07-05 01:43 PM
Order Details - Jul 5, 2007 11:09 AM PDT
Google Order #448537035986231 Print
Shipping Status Qty Item Price
Not yet shipped 1 Contribute 100 $100.00
Total: $100.00
Google Order #448537035986231 Print
Shipping Status Qty Item Price
Not yet shipped 1 Contribute 100 $100.00
Total: $100.00
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AMITAT007
10-03 03:08 AM
I am on L1A visa with Company A & the I-94 was valid till September 10, 2007.
Company B has filed my H1B on April 20, 2007 & I received I797 notice dated May 17, 2007 with change of status from Oct 1, 2007.
In the meantime, Company A has filed an extention of status of L1A from September 10, 2007 on June 8, 2007. For which I received the I797 notice dated June 28, 2007.
I have few question
1. What is my status from Oct 1, 2007, as I did not joined the company B. I am not in a position to leave Company A till Nov 15, 2007. As the I797 for L1 extention was of the latter date, whether the law of last action will be applicable here & I can work for Company A on L1 till Nov 15, 2007
2. If I can work on L1, whether my H1B approval get cancelled automatically. Whether the company B have to file I129 & I539 for me.
3. If I am out of status what should I do. Do i have go back to my native country immediately & leave to idea to work in USA for ever or there is any other way.
Company B has filed my H1B on April 20, 2007 & I received I797 notice dated May 17, 2007 with change of status from Oct 1, 2007.
In the meantime, Company A has filed an extention of status of L1A from September 10, 2007 on June 8, 2007. For which I received the I797 notice dated June 28, 2007.
I have few question
1. What is my status from Oct 1, 2007, as I did not joined the company B. I am not in a position to leave Company A till Nov 15, 2007. As the I797 for L1 extention was of the latter date, whether the law of last action will be applicable here & I can work for Company A on L1 till Nov 15, 2007
2. If I can work on L1, whether my H1B approval get cancelled automatically. Whether the company B have to file I129 & I539 for me.
3. If I am out of status what should I do. Do i have go back to my native country immediately & leave to idea to work in USA for ever or there is any other way.
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apt29
11-11 03:43 PM
Before suing the USCIS, we should inform USCIS of our intentions. My idea is like this -
- Draft a letter highlighting the Statues and Rules (we can seek Attorneys help) regarding the Quarterly spill-over
- IV members/non-members would send their electronic signatures
- We would stick signatures in the electronic document
- Print this huge(hope it will be) document and deliver personally to DHS/USCIS executive officers
Any suggestions or changes are welcome.
- Draft a letter highlighting the Statues and Rules (we can seek Attorneys help) regarding the Quarterly spill-over
- IV members/non-members would send their electronic signatures
- We would stick signatures in the electronic document
- Print this huge(hope it will be) document and deliver personally to DHS/USCIS executive officers
Any suggestions or changes are welcome.
more...
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gccovet
09-10 01:35 PM
I am wondering when will they discuss about Humans ?:mad:
After they have their stomach full, and after finishing about animals, other humans then comes lousy aliens like me and you.
After they have their stomach full, and after finishing about animals, other humans then comes lousy aliens like me and you.
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pbojja
12-10 11:45 AM
With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.
Stop the non-sense . As if USCIS-DOL knows exactly how many portings are going on ..do you think all the movement of this dates make sense ? just check last year movements .. they have no theory no logic or no numbers they just move with no logic ... At the end of year they move to 2006 or 2007and back to 2003 next year ..
I m EB2 2006 and I have no problems with portings ..go for it EB3 folks ..I know it will be a year or more process but worth it , I think EB3 early 2000 folks deserve GC than a 2006-2007 EB2 folks(Dont think you are genious just because you are EB2 ..we know we all do same jobs).
I m ready for reds and dont care a bit .
Stop the non-sense . As if USCIS-DOL knows exactly how many portings are going on ..do you think all the movement of this dates make sense ? just check last year movements .. they have no theory no logic or no numbers they just move with no logic ... At the end of year they move to 2006 or 2007and back to 2003 next year ..
I m EB2 2006 and I have no problems with portings ..go for it EB3 folks ..I know it will be a year or more process but worth it , I think EB3 early 2000 folks deserve GC than a 2006-2007 EB2 folks(Dont think you are genious just because you are EB2 ..we know we all do same jobs).
I m ready for reds and dont care a bit .
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Canadian_Dream
11-17 12:44 PM
That's probably the path most people with (EB3 2003 onwards/EB2 2004 onwards) will take from now on. The only hurdle is there is no clarity about the law regarding H1B extensions granted on an approved I-140. Most people have run out of H1B and will have to change jobs on the extensions. I hope USCIS issues a clear guidance on this issue. Also you might not have to let go of the priority date if your company is kind enough.
abd
09-23 03:24 PM
We had CEO of HR sign it. Here is general format.
1. BACKGROUND of Company
2. description and requirement for the position
3. AC21 compatibility explaination - 180 days etc, Job description comparision with PERM
4. Conclusion and offer for employment with salary details.
I must say in my case the salary i had in original perm was way(40%) more than i am getting on my current job due to location change and economy etc. But it seems salary didn't matter.
1. BACKGROUND of Company
2. description and requirement for the position
3. AC21 compatibility explaination - 180 days etc, Job description comparision with PERM
4. Conclusion and offer for employment with salary details.
I must say in my case the salary i had in original perm was way(40%) more than i am getting on my current job due to location change and economy etc. But it seems salary didn't matter.
singhsa3
03-05 03:41 PM
Personally, I think you are not thinking clearly. If I really wanted a mortgage do you think I would have been writting on immigrationvoice.org
My motive is simple and straightforward. I am looking for points that I can use to convince lawmakers and media that American will gain AND not loose by supporting our cause.
I also plan to use the poll results during our upcoming meeting with lawmakers. If you have some better idea , which will enable me to use during such meetings, I am all ears.
I have sympathy for your position, I feel blessed that my situation and timing were more favorable.
The poll we are voting on was when did we plan to make a property purchase, my view and my opinion was that to me holding the green card wasn't the deciding factor.
I agree there is risk in property values and the ability to liquidate.
I acknowledge that your position is because of market conditions in the lending economy that have changed, in 1999 I got a mortgage after 3 months on H1b, and I know times have changed.
But obviously you attempted to consider buying property before your GC approval, because of your mortgage rejection...which is due to lender policy.
I thought the purpose of the poll was to measure the forums "plan and intention": when do you plan to buy a house?
Are you waiting for green card approval or are you buying before?
Perhaps it's an unfair question, because most people don't have the cash to just buy out right and are forced to borrow, at the lenders conditions.
The other economic question is about property values and real estate cycles. The two rules of real estate are "location, location, location" and "timing".
Then factor the security of your position.
At the end of the day as I see it we have to choices, we either rent accomodation or we buy.
It's up to all of us to make our own decision as to which route we wish to take and whether the cost of renting is the opportunity cost of buying.
So here's my question to you...if you could secure funding, would you buy or would you wait for GC approval?
Are you experiencing difficulty in securing a mortgage because you are not a green card holder? is a different question.
my best wishes and good luck to all
My motive is simple and straightforward. I am looking for points that I can use to convince lawmakers and media that American will gain AND not loose by supporting our cause.
I also plan to use the poll results during our upcoming meeting with lawmakers. If you have some better idea , which will enable me to use during such meetings, I am all ears.
I have sympathy for your position, I feel blessed that my situation and timing were more favorable.
The poll we are voting on was when did we plan to make a property purchase, my view and my opinion was that to me holding the green card wasn't the deciding factor.
I agree there is risk in property values and the ability to liquidate.
I acknowledge that your position is because of market conditions in the lending economy that have changed, in 1999 I got a mortgage after 3 months on H1b, and I know times have changed.
But obviously you attempted to consider buying property before your GC approval, because of your mortgage rejection...which is due to lender policy.
I thought the purpose of the poll was to measure the forums "plan and intention": when do you plan to buy a house?
Are you waiting for green card approval or are you buying before?
Perhaps it's an unfair question, because most people don't have the cash to just buy out right and are forced to borrow, at the lenders conditions.
The other economic question is about property values and real estate cycles. The two rules of real estate are "location, location, location" and "timing".
Then factor the security of your position.
At the end of the day as I see it we have to choices, we either rent accomodation or we buy.
It's up to all of us to make our own decision as to which route we wish to take and whether the cost of renting is the opportunity cost of buying.
So here's my question to you...if you could secure funding, would you buy or would you wait for GC approval?
Are you experiencing difficulty in securing a mortgage because you are not a green card holder? is a different question.
my best wishes and good luck to all
