chanduv23
06-01 03:37 PM
AILA (http://www.aila.org/) has an analysis of the immigration bill in an article "Top 5 Concerns Regarding Employment-Based Immigration in S. 1348":
there is a disturbing section in there:
Gaps in Green Card Availability � Immigrant visa petitions filed after May 15, 2007 on the basis of the current employment-based preference system will be rejected. � During the period between May 15, 2007 and the date the new merit based system is up and running (likely October 1, 2008), no new employment-based green card applications can be filed.
Any validity to this claim ?
If so, Does this mean that all I-485 that can be filled with the latest jump in priority date will be voided ?
Is this valid/legal ?
Maybe for new L/C filings .. can anyone look at this interpretation??
there is a disturbing section in there:
Gaps in Green Card Availability � Immigrant visa petitions filed after May 15, 2007 on the basis of the current employment-based preference system will be rejected. � During the period between May 15, 2007 and the date the new merit based system is up and running (likely October 1, 2008), no new employment-based green card applications can be filed.
Any validity to this claim ?
If so, Does this mean that all I-485 that can be filled with the latest jump in priority date will be voided ?
Is this valid/legal ?
Maybe for new L/C filings .. can anyone look at this interpretation??
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om5454
01-22 12:28 AM
I was going thru your question, I am kind of in the same boat. My PD is Jan'04 in EB3. Filed 485 for self and wife in Jul'07.
Did you get answer to your question ?
Did you get answer to your question ?
jonty_11
07-06 01:31 PM
Why USCIS suddenly did this press release? Something fishy?
see now this rumor is taking steam.....this would make james WAtt proud...
I think we are onto something here.
see now this rumor is taking steam.....this would make james WAtt proud...
I think we are onto something here.
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santb1975
06-03 01:30 PM
Please work on our Action Item
Mailed a check for $100 today.
Mailed a check for $100 today.
more...
Milind123
09-12 05:35 PM
Thanks IV...way to go.
Just made a modest contribution of $200.
Order Details - Sep 12, 2007 11:28 AM PDT
Google Order #313190031134013
Not at all modest, I would say it is really nice contribution. Thanks
Just made a modest contribution of $200.
Order Details - Sep 12, 2007 11:28 AM PDT
Google Order #313190031134013
Not at all modest, I would say it is really nice contribution. Thanks
mirage
08-18 11:11 AM
This is what we are sending..
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
I also wanted to send the letter, but saw a ton of comments on the original letter. It would be a good idea, if some one goes thru the comments and update the letter in the original post. I think we should all send a decent letter.
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
I also wanted to send the letter, but saw a ton of comments on the original letter. It would be a good idea, if some one goes thru the comments and update the letter in the original post. I think we should all send a decent letter.
more...
grupak
08-17 09:52 PM
What if you spend 3-4 K in the new GC process, and after writing these letters USCIS wakes up and release statistics that they have 2000 EB-3 I pending for 2002/2003 and 1000 for 2004 will you still go ahead ? I guess for us the most important thing is to know how many cases are really pending. As I am not filing a new EB-2 and what if there are 15K cases in 2002/2003 and 50K in 2004, I'll be sitting here all my life looking at Visa bulletins :o
Getting the information would be of tremendous help. I already have my GC but I will write the letter after the necessary modification to reflect my status.
Also, I feel we need more participation in the recapture bill.
Getting the information would be of tremendous help. I already have my GC but I will write the letter after the necessary modification to reflect my status.
Also, I feel we need more participation in the recapture bill.
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ilwaiting
04-25 12:05 PM
Canada, Australia, UK(may be few more countries) does enable the applicant to handle the case rather than being sponsored by employer beause they do not have Many Non-immigrant Worker options as USA does. So they have to apply for a PR from outside the country.
Guys what about the type of visa? I mean shud the start date be ur H1B start date or ur F1 entry date? Coz if some people start on an H1 a lot of us also started on an F1. In that case doesnt it make more sense to root for the clause that says the immigrant can apply for his own GC that is employer independant? If i am not mistaken, is that not already a part of the PACE act?
Besides a lot of people are not sure for a while, if they even want to apply for their GCs or not initially. I personally know of atleast 3 such people. By putting the responsibility of application of the GC into the immigrant's hands, and empowering the applicant to apply for himself/herself, the process becomes a lot more transparent and fair. That way the day the immigrant decides to apply and applies is their PD. That way if someone does not start it as soon as he/she can, it is now up to them. Since the applicant Can apply for himself instead of being sponsored for a GC by an employer, it is no longer employer based, so no one can fault the employer saying that, "They didnt file for me for a year".
Guys what about the type of visa? I mean shud the start date be ur H1B start date or ur F1 entry date? Coz if some people start on an H1 a lot of us also started on an F1. In that case doesnt it make more sense to root for the clause that says the immigrant can apply for his own GC that is employer independant? If i am not mistaken, is that not already a part of the PACE act?
Besides a lot of people are not sure for a while, if they even want to apply for their GCs or not initially. I personally know of atleast 3 such people. By putting the responsibility of application of the GC into the immigrant's hands, and empowering the applicant to apply for himself/herself, the process becomes a lot more transparent and fair. That way the day the immigrant decides to apply and applies is their PD. That way if someone does not start it as soon as he/she can, it is now up to them. Since the applicant Can apply for himself instead of being sponsored for a GC by an employer, it is no longer employer based, so no one can fault the employer saying that, "They didnt file for me for a year".
more...
ras
10-17 04:23 PM
I have got a PM from another IV member whose 485 got denied yesterday because of 140 revocation. He switched the job after 180 days and sent AC21 docs as well. He is willing to share his ordeal with us.
Are we sending personal exp of the ppl affected along with the letter ? I guess, it makes perfect sense to send some real 485 denial examples.
I mentioned in this thread about the response that I got from ombudsman. So they would love to hear about the specific cases. In fact they would be more than willing to look into the specific cases. because that gives the strength to question USCIS.
Are we sending personal exp of the ppl affected along with the letter ? I guess, it makes perfect sense to send some real 485 denial examples.
I mentioned in this thread about the response that I got from ombudsman. So they would love to hear about the specific cases. In fact they would be more than willing to look into the specific cases. because that gives the strength to question USCIS.
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vjkypally
09-10 03:50 PM
Completely Agree with you. Rather have some process than none.People in the forum are talking a lot about visa recapture..
But how will this help if USCIS continues to disregard PDs utterly and just approve cases that they can lay their hands on....
Due to July 2 fiasco, pretty much everyone have filed I-485...Even those with 2007 PDs.
Say USCIS recaptures Visas, makes every category current and starts approving 2007 PD cases! Even worst, due to the every category 'C', may be 2008, 2009 (when it arrives) people start applying I-485 as well, and USCIS continues to consume all the visa numbers to to approve the cases of these lucky bas*$%^&ds (no offence!) with most recent PDs. How does this help you or me with older PDs waitin for years and years ! :(
even with recapture
- the visa numbers are not unlimited
- the processing power of USCIS is not unlimited
But
- The capability of USCIS to screw up at every opportunity seems to be unlimited
- And the number of lucky bas*$%^&ds who get approved despite newest PDs seem to be unlimited too :)
So , think visa recapture alone wont solve anything. We have to make USCIS accountable. Make them process cases fairly. Make them respect PDs.
But how will this help if USCIS continues to disregard PDs utterly and just approve cases that they can lay their hands on....
Due to July 2 fiasco, pretty much everyone have filed I-485...Even those with 2007 PDs.
Say USCIS recaptures Visas, makes every category current and starts approving 2007 PD cases! Even worst, due to the every category 'C', may be 2008, 2009 (when it arrives) people start applying I-485 as well, and USCIS continues to consume all the visa numbers to to approve the cases of these lucky bas*$%^&ds (no offence!) with most recent PDs. How does this help you or me with older PDs waitin for years and years ! :(
even with recapture
- the visa numbers are not unlimited
- the processing power of USCIS is not unlimited
But
- The capability of USCIS to screw up at every opportunity seems to be unlimited
- And the number of lucky bas*$%^&ds who get approved despite newest PDs seem to be unlimited too :)
So , think visa recapture alone wont solve anything. We have to make USCIS accountable. Make them process cases fairly. Make them respect PDs.
more...
sareesh
09-13 04:06 PM
9years,
my labor was MS + 2 years. Attorney did not file my I140 under EB2 because I have 23 months full time experience and 2 years GA experience.
thanks,
SG
my labor was MS + 2 years. Attorney did not file my I140 under EB2 because I have 23 months full time experience and 2 years GA experience.
thanks,
SG
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chi_shark
03-02 05:24 PM
well said and I concur!
I go to India atleast once every year and I agree that the urban infrastructure has changed a lot. But, such a change has created overcrowding in major cities which has lead to heavy pollution, rocketing inflation, high cost of living, and what not. You can get anything you want - best education, best food, best best best .... if you can afford.
During one of the trips couple of years back I did a casual interview at a huge software giant in Chennai just to guage how well I will fit. This was for a programming job in C++. Interview was rookie, intrerviewer was surprised why I want to come back because people actually seek such companies as route to US or UK and also made me feel that I may not be satisfied with the job if he has to offer.
So here is the thing. If you want to go back and lead a good life - I think it is a good idea provided you have very good education and experience and you get into the league of executives or you want to set up some booming business.
If you want to go back and work at a managerial level - you may not find things that interesting because of the affordibnility factor.
It is totally upto you to decide. If you look at urban infrastructure, India is developing, but in my opinion, the only way India can develop as a nation is by bringing about a change from the grassroots - change in beliefs, politics, innovations, products , hygene, uniform standards of living etc....
I go to India atleast once every year and I agree that the urban infrastructure has changed a lot. But, such a change has created overcrowding in major cities which has lead to heavy pollution, rocketing inflation, high cost of living, and what not. You can get anything you want - best education, best food, best best best .... if you can afford.
During one of the trips couple of years back I did a casual interview at a huge software giant in Chennai just to guage how well I will fit. This was for a programming job in C++. Interview was rookie, intrerviewer was surprised why I want to come back because people actually seek such companies as route to US or UK and also made me feel that I may not be satisfied with the job if he has to offer.
So here is the thing. If you want to go back and lead a good life - I think it is a good idea provided you have very good education and experience and you get into the league of executives or you want to set up some booming business.
If you want to go back and work at a managerial level - you may not find things that interesting because of the affordibnility factor.
It is totally upto you to decide. If you look at urban infrastructure, India is developing, but in my opinion, the only way India can develop as a nation is by bringing about a change from the grassroots - change in beliefs, politics, innovations, products , hygene, uniform standards of living etc....
more...
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hariswaminathan
07-14 01:32 PM
sent $10.00 instead of $5 to make up for someone that doesn't.:)
Used Bank Bill Pay Conf : 119124506
Used Bank Bill Pay Conf : 119124506
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kate123
02-25 05:17 PM
I would be the most happiest person if that happens :D
i think dates won't (and should not ) move much. So at the end of year we can see big jump and then may be people like me can file i-1485.
Thank's
mdix
i think dates won't (and should not ) move much. So at the end of year we can see big jump and then may be people like me can file i-1485.
Thank's
mdix
more...
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pappu
09-09 12:05 AM
Withiin 2 hours of posting this message, late in the night we have got 8 people contributing $100 each. Thanks for the spirit. I am sure with everyone's help we will reach our target sooner and can easily commit our resources for the rally.
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gccovet
11-21 05:04 PM
Not really h1b is a different track all together. If 485 is denied and the denial is final - person is still free to work till h1b expires thats why lawyers say h1b is safer
This is exactly my lawyer mentioned, AOS deined, you are still good to continue work (and wind up in USA) till your H1(i-94) expires. Hence, it is deemed as "safety". Person gets time to windup before the final bye-bye.
GCCovet
This is exactly my lawyer mentioned, AOS deined, you are still good to continue work (and wind up in USA) till your H1(i-94) expires. Hence, it is deemed as "safety". Person gets time to windup before the final bye-bye.
GCCovet
more...
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superdude
08-02 07:29 PM
It is better to wait till you get your receipt.
Hello gurus,
I applied 485 on July 25th,2007. Now can i travel outside of USA, or have to wait until i receive the receipt? Please help as soon as you can.
Hello gurus,
I applied 485 on July 25th,2007. Now can i travel outside of USA, or have to wait until i receive the receipt? Please help as soon as you can.
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ssnd03
04-02 03:18 PM
You don't need to be harsh on your comments. You can go ahead and file a case with USCIS. That's what I've been saying here all the time.
Calling me a numbskull I think is inappropriate. You can disagree with me and I can disagree with you which is the essence of this forum but not to abuse each other.
I didn't call you numbskull and I will never call anyone numbskull, so I guess you owe me an apology.
No you or D.E.D. do not deserve an apology for being numbskulls as you both have an agenda of fear mongering so that folks do not raise voices for legitimate reasons.
Calling me a numbskull I think is inappropriate. You can disagree with me and I can disagree with you which is the essence of this forum but not to abuse each other.
I didn't call you numbskull and I will never call anyone numbskull, so I guess you owe me an apology.
No you or D.E.D. do not deserve an apology for being numbskulls as you both have an agenda of fear mongering so that folks do not raise voices for legitimate reasons.
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Kodi
09-12 12:38 PM
I applied May 8th EB2 Atlanta center and its been 127 days but no decision yet.
gaz
09-10 12:20 AM
the construction boom has seen some upward movement in the lower classes also. try finding an electrician or plumber in any big city in India to do some small chore.
also remember that the big cities (Mumbai, Delhi, Chennai, Hyd/Secunderabad, NOIDA, Guragaon etc. and satellite areas) are seeing the huge rise in prices. These also coincide with the centers of tremendous progress and huge purchase power for people. Smaller cities also have a hike in prices but nothing comparable. So the average Indian does not really get affected a lot. The average city dweller is either renting by paying a ton of money or is spending a ton of money for a house. Scary thing is either ways they are able to afford it. Makes the US salary seem meaningless in comparison (comparing quality of life here and not just money).
[quote] to add to the conversation on the price -> locals are also experiencing a glut of money due to the economic boom in the last 5 years or so. Small businesses have really taken off in a big way exporting to Europe/ US. Investors in the stock market have also hit the jackpot. And, once you have money, for most Indians the safest option to invest is in property or gold.
Also better salaries all around fueled by attrition of talent to the IT sector. [quote]
This may be correct to certain extent but only the elite class and creamy layer of 1.8% of total population. When we look at the bigger picture of the country, I could not connect the dots. GDP is just above $2500 and PPP is about $3300. How in the world will you justify $200,000 to $300,000. Plus the cost of financing the purchase.
In simple terms, median home price is 100 times the GDP and life expectancy in india is 70 years. average work life span is 40 years. Home Mortgages are 15, 20 or 25 years in India which will cover only 1/4th of the median price of a home based on even anticipated high GDP growth and considering moderate increase in cost of living. Given that the risk of default is huge and banks are running at very high risk. I believe buying a house is a big gamble in India and more to that for Banks, lending is also a big gamble.
Note that according to banks, investment in apartments capitalize only over 25 years in india. (Rent vs. Own) Is this correct? Average rentals in ONLY Big cities are Rs. 12000 ($275 / month $3300 a year) to 15000 ($340 / month $4000 a year) for the same 1000 sqft 2 bedroom apartments which itself is above the GDP :). What that tells me, even the rentals are also not affordable to majority of the population. Back to captalization part 4000 * 25 = 100,000. which is half of the investment... add the alternate investment value for 25 years, capitalization will be way below 50%.
That means it will take more than 50 years to capatilize the investment. This is more that Mod average work life span of 40 years. Note that Maintenance and Taxes for 25 years excluded in above calc. Are banks stupid?
I do not know what to tell ya man! To me its really scary
A small credit crunch (crisis is not required) might bring the entire economy to floor.
fine print: (Above analysis applies only for working taxpaying people like us who does not have unaccounted money.)
also remember that the big cities (Mumbai, Delhi, Chennai, Hyd/Secunderabad, NOIDA, Guragaon etc. and satellite areas) are seeing the huge rise in prices. These also coincide with the centers of tremendous progress and huge purchase power for people. Smaller cities also have a hike in prices but nothing comparable. So the average Indian does not really get affected a lot. The average city dweller is either renting by paying a ton of money or is spending a ton of money for a house. Scary thing is either ways they are able to afford it. Makes the US salary seem meaningless in comparison (comparing quality of life here and not just money).
[quote] to add to the conversation on the price -> locals are also experiencing a glut of money due to the economic boom in the last 5 years or so. Small businesses have really taken off in a big way exporting to Europe/ US. Investors in the stock market have also hit the jackpot. And, once you have money, for most Indians the safest option to invest is in property or gold.
Also better salaries all around fueled by attrition of talent to the IT sector. [quote]
This may be correct to certain extent but only the elite class and creamy layer of 1.8% of total population. When we look at the bigger picture of the country, I could not connect the dots. GDP is just above $2500 and PPP is about $3300. How in the world will you justify $200,000 to $300,000. Plus the cost of financing the purchase.
In simple terms, median home price is 100 times the GDP and life expectancy in india is 70 years. average work life span is 40 years. Home Mortgages are 15, 20 or 25 years in India which will cover only 1/4th of the median price of a home based on even anticipated high GDP growth and considering moderate increase in cost of living. Given that the risk of default is huge and banks are running at very high risk. I believe buying a house is a big gamble in India and more to that for Banks, lending is also a big gamble.
Note that according to banks, investment in apartments capitalize only over 25 years in india. (Rent vs. Own) Is this correct? Average rentals in ONLY Big cities are Rs. 12000 ($275 / month $3300 a year) to 15000 ($340 / month $4000 a year) for the same 1000 sqft 2 bedroom apartments which itself is above the GDP :). What that tells me, even the rentals are also not affordable to majority of the population. Back to captalization part 4000 * 25 = 100,000. which is half of the investment... add the alternate investment value for 25 years, capitalization will be way below 50%.
That means it will take more than 50 years to capatilize the investment. This is more that Mod average work life span of 40 years. Note that Maintenance and Taxes for 25 years excluded in above calc. Are banks stupid?
I do not know what to tell ya man! To me its really scary
A small credit crunch (crisis is not required) might bring the entire economy to floor.
fine print: (Above analysis applies only for working taxpaying people like us who does not have unaccounted money.)
bigboy007
06-02 08:43 PM
If the current law passes , god forbid it wont. It is indeed scary to many : Becoz its primarily becoz of all backlog processing centre Labors, H1 sixth year extensions etc. I dont know how the heck designed this draft and i am sure all those senators wouldnt havebeen aware of all these H1B , GC Employment based numbers some staffer would have done this .
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