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  • senthil1
    05-16 06:55 PM
    Permanent lc for for the future job. Current job is different than future job though they are similar. H1B is for current job.

    But it does not impact much if Skil bill comes. Most of the persons PD will become current and anyone who gets H1b will get GC within 1 or 2 years. So no need for H1b extension. If Skil bill comes with Durbin proposal then most of the negative issues will be resolved by increasing more gcs. Infact substitution elimination also not needed if Skil bill comes as PD will become current always.

    You did not answer my question about why some one with permanent labor certificate has to go thru the process of advertisement process for H1B renewal?

    In my case DOL labor took almost 3 years to certify my labor certificate which states that I am not displacing any american worker. I think 3 years is a good time to find whether I am displacing american worker or not.

    This law simply goes too far in the name of preventing abuse. I just dont get why someone working for same company and whose GC petition is pending(GC labor approved) has to prove every year that he is not displacing an american worker.




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  • unitednations
    08-02 11:54 PM
    AC21 tells that one can leave the job after 6 months of filing I485. But the green card is for future job and if anyone is not working for a company after receiving permanent job then green card can be considered as fraud.
    These 2 rules are contraditory in nature.
    Some of my friends quit the job after 6 months of I485 but after receiving GC they went back and worked for a few months.

    Generally USCIS does not have time and resource to track this. But I think they do randomly. One of my other friend resigned the job and he was doing business. He got interview and he postponed the interview to get a job and letter from his previous Company.

    If anyone is happy in their job can stay there till receiving gc. In case of layoffs there is no choice one need to invoke. Even if need to resign the Company it is better try to maintain good relationship. After 8 years GC is denied that will place in tough situation though it will happen for a few cases

    I refer back to my earlier posting where I said I just read the memos and the law and thought this stuff was pretty simple. USCIS quite often goes above and beyond (tax returns rfe's, pictures of company inside/outside).

    I'll give you some examples of what they have done of which I have intimate knowledge of:

    1) Questioned company on I-140 why they had more 140's pending/approved then the number of people on payroll. Asked for all 140 info., h1, L1 and even the people who got employment base greencard and asked company to justify where they are

    2) Department of state for visa stamping; if they don't trust client letter; they refer the case to department of state fraud unit in Kentucky. They will then contact signer of letter and HR of company to verify that person signed the letter

    3) Department of labor is on a real war path of checking companies compliance with h-1b based on referrals made by department of state. I can tell you that there is no way any company who is h-1b dependent can be 100% compliant with h-1b. Patni got fined $3.5 million for violations.

    4) Department of labor made a home visit to an HR person who was no longer working with the company to ask and verify her signatue on labor applications in a fast processing state when they weren't registered to do business there

    5) Department of labor verifying that people were paid the greencard wage upon greencard approval (this was in conjunction with h-1b investigation). I can tell you that some states have very high eb2 wages and people aren't even close to the labor number; companies do it anyways to keep you happy but do they run that number once you do get the greencard?

    6) h-1b rfe's from california service center. when quota finished in one day; there was some rumors from california service center that they would be treating h-1b transfers/quota cases very harshly in that companies were engaging in speculative employment. These days if you are involved in software and you file an h-1b transfer or even extension with california service center; you have a very good chance of getting a four page rfe. One of the things they have started to ask for is a table of people whom h-1b's have been filed for. Table has to list name, social security number, receipt number, date of birth, joining date, termination date, no show, future joining date. California service center then intertwines this information with company unemployment compensation reports. I have actually seen 3 recent denials where USCIS examined the unemployment compensation reports and looked at people who may have been paid a lower wage and pulled those people's h-1b files and denied the present case saying they can't trust the company to comply with the h-1b, lca.

    ----------------------------------------------------------

    These days; uscis/dol/dos really means business. I refer you to earlier posting of how evertime a company files a case; it gives uscis a chance to go through entire immigration history of a company. They have the resources and tools.




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  • svn
    03-31 07:27 PM
    USCIS seems to be making a coordinated attempt to preadjudicate in order to avoid future backlogs (to achieve their metrics on processing times). See thread on Processing Time Targets they have set for themselves: http://immigrationvoice.org/forum/showthread.php?t=24747




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  • hopefull
    05-13 04:21 PM
    You do make perfect sense. Dude the question posed to these buggers would be if they ever encounter a medical need where in a doctor present is not a white American, would they prefer to die or take the help of that doctor. If they pick the option of prefer to die inthat case they wouldnt be hypocrites otherwise they definitely ARE

    What's going on here is that approx there are 500,000 people on H1B visas in this country.

    If Anti-H1 crowd propose a bill to throw all of them out, people will laugh at them and ask them to get lost.

    So what the anti-H1 crowd has done here is "Slow bleed" as described by admin. Get rid of 8000-10,000 H1Bs out of the country each month. That way, the impact will slow and it wont send any shockwaves. IF existing H1s go to renew their H1 and the new rules apply, half of them wont fit in the new rules of "You cannot do consulting". So they will have to go back.

    These guys are trying to do what UK did to Indian and Chinese doctors. They want all of us to go back. Only difference between what UK did to doctors and what these guys want to do to us is that these guys are smarter and they are trying to get this done in slow motion. IF they take Tancredo like approach of "Everyone out, and shut the door", then it wont work.

    They have learned from Tancredo's mistake and now have adoped this slow bleed strategy of getting rid of their competition.

    Basically, they want the 1990s back. They want to roam in job market with foriegn competition, where even high-school drop-outs can get jobs of $100,000 a year by writing 20 lines of code per week.

    Man up you xenophobes. Face the competition and stop being whiny boys running to Grassley and Sessions every time you lose jobs. Get a job and get a life. Unemployment rate is 4.4 %. If you cant find jobs right now, dont blame H1B employees. Something is wrong with you.



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  • xyzgc
    12-28 03:48 PM
    While I would love India to retaliate in some fashion on Paki soil to show them that there are going to be consequences for messing on Indian soil, I think this is not the time to strike overtly on Pakistan however.

    Why now is not the right time?

    Because this whole War hysteria is mostly being whipped by one side - Pakistan. Immediately after Mumbai atrocities there were street protests organized by Islamic fundoos like Jamat-ud-Dawa, JeM, etc in major cities in Pak to protest against India. They were supposedly protesting because India is going to attack Pakistan! Most Indians were amused at that time as they were busy attacking their own politicians at that time for their Intelligence failures. This shows to some extent that something else is going on here and Pakistan army or elements within it want tensions on Indian border.

    Why will they want that on Indian border in case it boils over into a war that they will never win? Because the Americans on Pak's western border are putting a lot of pressure on Paki Army to attack the Taliban and other Islamic fundamentalist nut cases that their own Intelligence arm - ISI - has helped train and arm. These nut cases are their assets for all the covert attacks on India to keep it tied down in Kashmir and elsewhere.

    Besides they know that India will never attack and even if they did the International community will be pissing in their pants (including US) about the prospects of Nuclear armageddon and come to Pakis' rescue with a ceasefire call. Zardari and his Civilian Govt. Institutions will take the blame in Pakistan for succumbing to international pressure and stopping the brave Paki army from decimating kafir/powerless Indians. Army will announce a coup promising more security against India and overthrow Zardari/Gilani or whoever and entrench themselves again back in power for another decade.

    What will America do?

    US and rest of the world while shaking with fear about the nuclear war that was averted will start focusing foolishly (or maybe for their own clandestine gain) on Kashmir as the core issue and pressure India to give it freedom! What more does Paki army need? India-Pak hypenation is back so that Pakis feel important in International circles again. Tensions alive on their Eastern border to keep the army as center of focus and power internally in Pakistan. Covert terrorism in Kashmir will again resume with all the international attention on it, and Indian army and diplomacy is tied down there, and all the Taliban and other Islamic nut cases that they trained and armed have a cause to give up their worthless lives and not be fighting the Paki army for achieving their goal of going to heaven for quality time with some virgins.

    Besides Americans dont care if Kashmir is blowing up - infact they would love to see an independant state their to get a leg firmly in South Asia.

    So what should India do?

    Not go to war overtly now. Start covert operations inside Pakistan on war footing and start funding and support for Balochi, Sindi, Mohajir, Pushtun, Baltistan freedom movements inside Pakistan. If there is any other terrorist attack in India, activate these people inside Pakistan to blow up their prime targets - Muridke headquarters of Jaamat-ud-Dawa for instance. Assinations of ISI officers, encourage suicide attacks on their army camps, cantonments. In other words make them feel the cost of any further attacks inside India, but covertly. And also take the covert proxy war to their soil.

    For now, India should not attack Pakistan and give their army an excuse to squirm away from fighting their own created Franenstein monster - Islamic Jehadists on Western border. Indian army should sit back, relax and let the Paki army take their own creation on their Western front.

    I hope the internal politics inside India dont come in the way of the above goal.

    Covert operations are also war. Read war as concrete steps to curb this terrorism. Terrorist camps may be moving targets, identify them using intelligence and eliminate them. India is already at war, the world is also at war with Terrorism. Its a global issue - at the very least your coworkers are going to be concerned about business trips to India, if this is not nipped in the bud.

    Here's a thought - India should start manufacturing and exporting armaments.
    We can also export some artillery to Pakistan and invest the profits wisely. That way defence budgets go down and the funds can be used for improving national security (e.g: junk the British Raj rifles Bombay police use, provide them better bullet-proof vests and helmets), humanitarian causes and so on.We can offer it at competitive prices so that Pakistan doesn't have to rely on the Chinese, the Russians and the Americans. And we don't rely on the Israelis and the Americans.
    India can be part of a profitable armament race and build a nation of defence contractors.
    It will also give a boost to allied manufacturing industries in India, generate employment, so that they can also contribute to India's GDP in a big way.




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  • CreatedToday
    01-07 07:11 PM
    ----------------------------------------------------------------------------
    From Forum Moderator
    ----------------------------------------------------------------------------

    We are forced to caution you that any use of profanity on the public forums, including when quoting others, will result in immediate ban from this forum without any further warning.

    Thank you for your understanding,

    Administrator2


    ----------------------------------------------------------------------------



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  • desi3933
    08-05 04:33 PM
    Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.

    I don't see why there are so many angered arguments...

    .....
    .....


    Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.


    Are you Rolling_Flood?

    Law is what it is. It is not what you believe is correct.




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  • gc_lover
    07-10 08:16 AM
    According to Lou Dobbs, all the problems faced by America today are purely a creation of immigration and immigrants.

    The global warming, Hurrican Katrina, Rising gas prices, inflation, rising interest rates, slowing economy, deficits...everything is something that is purely a product of immigrants.

    According to him had it not been for immigrants, everyone would have 2-3 mansions to live in, 10-20 high paying job offers, 4-5 luxury european cars. But immigrants took all that away by stealing the jobs of Americans. If the immigrants had not been sucking out the welfare from this country, the social security trust fund and the US treasury would be overflowing with money.

    Goddammit these immigrants who stole the jobs of thousands of hard working lettuce pickers and meat packers and farm workers, who, had it not been for these job-stealing, flag waving, non-english speaking, country invading, sovereignty ruining, wage-depressing immigrant intrudor-invader-thief would have been millionaires by now.

    When will the politicians listen to Lou Dobbs who is the only smart person left in the United States now?

    :D :D :D



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  • ss1026
    12-22 11:00 PM
    Good post,
    You post is a testimony that not all hope is lost with Islam. There are still people like yourselves who can think objectively or at least open to one.
    And this is the reason why I am not against Islam as this would also mean that I am raising my fingers on the guys like urself.

    Though I sense your intent, I am too feeble to carry the burden even a fraction of the weight of your point. And I am not even trying to be modest here. Though there is a quite a bit of work to be done for moderate muslims to come forward and lead the way, Muslims have a very proud history (along with issues like most religions/races). Lets hope the people on all sides tone down the rheotric and live and let live




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  • mrajatish
    04-08 12:21 PM
    Look what really does not make sense about the "Consulting company" portion is that management consulting companies like BCG, Mckenzie or the Big 4 consulting firms have a business model where they "outsource" employees for projects to other companies. So, as it stands, these companies will not be able to hire anyone from top business schools. And we are not talking about desi consulting companies here (no pun intended).

    Again, this bill embodies the basic principle that displaces US workers do not want to understand:
    "What is good for the economy may not be good for an individual".

    And I say that because I have been myself displaces 2 times in my life, and every time, I have fallen (or stumbled), I have walked an extra mile to get a better life.

    I just feel sorry for people like me and many others who came to this country with a different mindset and now find themselves in the midst of the worst anti-immigrant clime that has existed in a long time.

    That said, I feel obligated to remind everyone - "Do yourself a favor and do everything within your means to make a meaningful change, self-help is the best help you will get"

    - Raj



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  • kshitijnt
    09-26 07:53 PM
    Well I tend to go by the facts:

    Bill Clinton was good for immigration , everyone was happy in his days

    Eversince GW Bush took over, the USCIS has been consistently hitting below the belt to immigrant communities , right from Sep-11-2001. Not one thing was done for overall improvement in GC process. By this I mean congressional laws.

    Another reason I worry about is that McCains advisors are in favor of H1 visa. At no point they mention that they will also support GCs for EB immigrants. This means if he comes to power, there will be high influx of H1Bs without anyone gettting GCs. This seems to be worse than what Obama is planning to do. Maybe a few of us will have to leave in Obamas policy but those who remain here will be better placed. Under McCains policy, there will be a huge pressure on wages by H1B competing against other H1B while there is no reform in GC process. These ladies Carly Fiorina, Meg Whitman are big time in favor of H1 visa so as "to bring down salaries" and so that "they' can make more money. This is their only rationale in supporting H1s. I am not against H1s but the GC process also needs to be fixed. If GC process is not fixed more H1s is not only detrimental to us but also to the newcomers.

    Also when we try to get HR5882, the people like Steve King and Lamar Smith come from republican party. McCain is less likely to have any leverage on these individuals even if he comes to power. All of a sudden they can not change their stance on immigration. Another senator in the same bucket is Jeff Sessions.

    You guys tell me, should we be more worried about Jeff Sessions and Steve King or Dick Durbin? It seems that Dick Durbin is picking on Indian offshoring companies but nothing to indicate that he is against immigration in general.




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  • texcan
    08-05 07:00 PM
    In a poor zoo of India, a lion was frustrated as he was offered not more than 1 kg meat a day. The lion thought its prayers were answered when one US Zoo Manager visited the zoo and requested the zoo management to shift the lion to the US Zoo.

    The lion was so happy and started thinking of a central A/c environment, a goat or two every day and a US Green Card also.

    On its first day after arrival, the lion was offered a big bag, sealed very nicely for breakfast. The lion opened it quickly but was shocked to see that it contained few bananas. Then the lion thought that may be they cared too much for him as they were worried about his stomach as he had recently shifted from India.

    The next day the same thing happened. On the third day again the same food bag of bananas was delivered.

    The lion was so furious, it stopped the delivery boy and blasted at him, 'Don't you know I am the lion... king of the Jungle..., what's wrong with your management?, what nonsense is this? Why are you delivering bananas to me?'

    The delivery boy politely said, 'Sir, I know you are the king of the jungle but ..did you know that you have been brought here on a monkey's visa!!!

    Moral: Better to be a Lion in India than a Monkey elsewhere!!!

    Killer .....

    thanks



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  • Alabaman
    08-13 08:11 AM
    ... nonetheless, we should all contact CNN or even his show to make a point.. I'll try to fill out his form. I can't believe how CNN has degenerated itself to today's standings..


    better still, we should contact Fox news... they would be glad to talk about this and CNN would then have to respond ;)




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  • sc3
    07-14 10:35 AM
    There is a lot of FUD being spread around this thread. Let me try to dispel one.

    1: Reverting rollover will only benefit EB3-ROW.

    WRONG!!. As stated in other threads the spillovers are used on whoever has been waiting the longest. That is the guiding principle that is allowing EB2-I getting the GCs ahead of China. If not it was high time the Chinese priority date becomes current. If we revert back the spill-over utilization, whoever has been waiting the longest, gets the GC first. So stop your FUD.


    People dont get sidetracked by the nay-sayers. If you would like to write to anyone, do write. If not anything else, we will at least get to hear back from the people whom we wrote to.

    People who are saying "IV does not support it, do dont do it". Excuse me, IV does not run our lives. If we want to help ourselves, we ought to be able to do it. Yes, we should not use IV's name without its authorization, that is wrong.

    People who say, I am EB3, but I think EB2s are right (in the sense that they are more entitled, they need to get the visas ahead of us etc. etc), good for you, but dont pull down those who don't agree with you. We have a brain to think for ourselves.



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  • fromnaija
    08-02 11:40 AM
    Actually, USCIS does nothing with the Consulate copy of G-325 if applicant has been in the USA for more than one year. You can find this fact in the I-485 Adjudicator's manual.

    No; it is not fraud. I have seen many g-325a's and many people seem to miss last address outside usa for more then one year and last occupation for more then one year outside usa.

    There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?

    One of the other uses of this information is that a person could have come to usa 8 years ago but you only need to show 5 years of biographical information. USCIS can then calculate when you really came into the country and see if you maintained the status ever since you left your foreign residence.




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  • Refugee_New
    01-07 02:40 PM
    All Muslims are NOT terrorists, but all terrorists ARE muslims.

    I didn't know Narendra Modi is a muslim. I didn't know those are committing genocide in Palestine are muslims. I didn't know those who attacked Iraq and commited war-crime under the pretex of WMD are muslims. I didn't know that these people are muslims.

    May be Narendra Modi was born to a Moghul Emperor. Others are born to ottaman emperors. What about you vghc? Are you a product of muslim?



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  • senthil1
    05-16 06:17 PM
    Nowadays LCA becomes just a documentation and it does not prevent displacement or any abuse. It may be true that DOL may not have authority and resource to prevent abuse.

    Why someone whose permanent labor certificate is approved should have to go thru the process of adertising when his or her H1 is up for renewal? Can you please explain me what is the intent of permanent labor certificate as opposed to LCA in H1?




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  • rsdang
    08-22 11:56 AM
    One hand on steering wheel, one hand out of window.

    - Sydney



    One hand on steering wheel, one hand on horn

    - Japan



    One hand on steering wheel, one hand on newspaper, foot solidly on accelerator...

    - Boston



    Both hands on steering wheel, eyes shut, both feet on brake, quivering in terror

    - New York



    Both hands in air, gesturing, both feet on accelerator, head turned to talk to someone in back seat

    - Italy



    One hand on horn,

    one hand greeting,

    one ear on cell phone,

    one ear listening to loud music,

    foot on accelerator,

    eyes on female pedestrians,

    conversation with someone in next car



    - Welcome to India!

    :D




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  • gcnotfiledyet
    03-24 03:53 PM
    Ofcourse I am unbias.

    I can't even begin to think how many people I know; cases I know from people who are from india.

    I'd say that it is less then 3% from people with other countries.

    As another poster rightly said that many of the issues happening is mainly to India because it takes so long to get the greencard and eventually everyone gets into these issues.

    Non indians don't face many issues because they get the greencard so fast; and hence they go through very little issues (generally). If other countires had to wait so long then everyone would also have similar types of issues.

    Since most of the forums are related to IT and Indians then if I ever broach on something a little negative or give different perspective then people look at my profile and see I was born in Pakistan and think there is some bias there.

    btw; I left when I was five years old and hardly knew any pakistanis/indians when I was growing up and for what it is worth my wife is Hindu.

    Your posts are arguably best on this forum. I have religiously read all your posts and will do in future. Your posts always make sense. I just wish we could get more insight and perspective from you. Great work. Keep them coming.

    What are your thoughts on h1bs/GC sponsored by universities. Do you forsee any problems with them? Also any insight on long time it takes for visa stamping?




    bkarnik
    08-05 05:26 PM
    A lady tells her husband to go to the store to buy some cigarettes.He walks down to the store only to find it closed. So he goes into a nearby bar to use the vending machine.

    At the bar he sees a beautiful woman and starts talking to her.They have a couple of beers and one thing leads to another and they end up in her apartment. After they've had their fun, he realizes its 3AM and says, "Oh no, its so late, my wife's going to kill me. Have you got any talcum powder?" She gives him some talcum powder, which he proceeds to rub on his hands and then he goes home.

    His wife is waiting for him in the doorway and she is pretty angry.Where the hell have you been?". Well, honey, it's like this. I went to the store like you asked, but they were closed. So I Went to the bar to use the vending machine. I saw this great looking girl there and we had a few drinks and one thing led to another and I ended up in Bed with her.

    "Oh yeah? Let me see your hands!"

    She sees his hands are Covered with powder and says...
    "You God damn liar!!! You were playing pool again!!!"

    Moral of the story:

    Always tell your wife the truth. She won't believe you anyway. At least your conscience is clear




    JunRN
    06-07 02:07 PM
    JunRN, it all depends on how much risk are you willing to take in what area. Equity is generally believed or historically trended to provide 10% returns over 10 years span (multiple market cycles). Where as dwelling as an investment provides a marginal 3 to 5% depending on location in a normal growth rate (Exception to Bubble). Equity market has nose dived as did housing market and people consider it too risky to invest at this stage in equity due to uncertinities (lot of companies may not make it through though times or No. PC companies which has become QPC -filed for chapter11 protection has increased) even though it doesn't involve huge amounts as housing at per unit basis. For investers, same applies for dwelling investment as well at a higher scale. More Chapter 11->more job losses->more houses on foreclosure.

    Just to counter your argument, Let me tell you one scenario, When stock market went down, I invested in shares some time back in February 09, as of today, If I look at the individual investment, it stands at 60% increased. But I do not think that it will provide me a 60% returns.. over 10 years... I expect only 10% and may increase to 15% in the long run which is a ball park number.

    Lot of sellers/brokers referred Zillow during 2006 and early 2007 (Bubble) to sell their houses at an inflated prices as I mentioned earlier, when it went up 20000 per month for several months.. Based on these numbers..people streached themself and jumped to grab one before it goes beyond their reach thinking that it will continue to go up.. Now, the houses values under water and they are whining about it every day and night.. some of their home values evapourated by 30 to 40%. (I am talking about 100,000 to 150,000 south). Zillow goes up and down.. in short term depending on historic sales and builder's listing price changes, not based on any economic outlook. Every agent wears two hats and is two-faced, because a home�s �value� has to be higher when represent a seller and lower when represent a buyer. The Zillow range of value represents best hope for buyer at the low end of the range, and highest for seller at the high end of that range.

    Here's what they say about it in disclaimer "The Zestimate is not an appraisal and you won't be able to use it in place of an appraisal, though you can certainly share it with real estate professionals. It is a computer-generated estimate of the worth of a house today, given the data we have available. Zillow.com does not offer the Zestimate as the basis of any specific real-estate-related financial transaction. Our data sources may be incomplete or incorrect; also, we have not physically inspected a specific home."

    My point is, Unless the correction happens in housing market, which is widely believed to be another 10 to 12% further south from where it stands now.. there is always a risk in buying one thinking that its going to appreciate in next 10 years. Remember though the demand cycles for realty market is lenghty ones which will rise once in 10 to 15 years but this does not mean that there's going to be another bubble again to hike it up by 100 and 200% :). It may rise as historically did to provide a 3 to 4% returns. This is regardless of location... location.. location.. First, It will take time to stabilize the market just because there's too much supply, affordiability issue and aging population.

    Buy or not, depends on whether and how much you are willing and open to take risk. Higher the risk, higher the returns.. doesn't mean it applies to stupid decisions... One thing I wanted to mention though, we have utilization value for living in a house, bigger than an apartment, again its an individual perspective.

    I have not entered into the discussion of the intrinsic/utilization value of owning a home specially with 3 small kids like mine because it's hard to put a $$ value without being biased.

    The 10 to 12% down south estimate might be true on the average. However, from where I stand now, in my county not just my zip code, house prices started to go up by 0.8% since January. It might still go down as I see fluctuations but I feel that it's stabilizing already.

    Could I have waited until home prices go down another 10%? Probably a wiser decision but as I monitor home purchase price of same model as mine in same community, not one was able to buy same model home as low as my purchase price. So I felt relieved.

    But only time can tell, right? All I'm doing right now is to satisfy myself that I made a right decision. Should I find out that it's a mistake, I should be truthful to myself that I did. There's no reason to lie to my ownself.



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