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  • milind70
    07-10 12:51 AM
    desi is correct...



    Everytime you extend non immigrant status; you are extending the white I-94 card on your last entry.

    However; if you leave after the last extension and you re-enter then the white I-94 card you receive at the border overrides all previous white I-94 cards; extension of stays.

    This is where the problem occurs:

    H-1b for company A visa is valid until July 2009 and the h-1b approval for a is also valid until july 2009. You come into USA on white I-94 card and they gave validity until July 2009.

    Now; you file for change of employer and extend status until July 2010. The notice of action will have the same I-94 number as the date of your last entry.

    Now; you go outside USA; on your way back in the port of entry officer mistakenly gives you a white I-94 card only valid until your visa expires (july 2009). Now; if you overstay July 2009 then you would have been considered to be unlawfully present from July 2009.

    Bottom line: your last action generally overrules your stay.

    Such mistakes can be corrected by CBP defered inspectors but they will only correct typo errors by the CBP at POE . For other mistakes u need to file Form I 102 with USCIS.




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  • abcdgc
    12-27 01:17 AM
    You are right about the lack of governance in Pakistan. And that there are more personalities and less institutions.
    But I think you are wrong about Kayani. I haven't seen any reports about any intelligence agencies pointing fingers at Kayani. So, I am curious if you could provide any links. It sounds like a conspiracy theory otherwise.

    Let me give you a proof about Kayani, not that you will agree with it, but I will give it a shot anyways.

    Pakistan PM agreed to send ISI DG to India when he spoke with Indian PM. Later Zardari also publicly agreed to send ISI DG. Next day the three i.e. Gilani, Zardari and Kaayani had a meeting. After the meeting Pakistan announced that Pakistan will not send ISI DG to India. Now, if Gilani and Zardari agreed to send ISI DG, why the conclusion of the meeting was with the decision that ISI DG will not go to India. It was the starting point of escalation. Who triggered it? Kaayani. This is a well covered report. The point is, if sending ISI DG could deescalate the situation, and if India is asking to send ISI DG, why would Pakistan not send ISI DG even after PM and President agreed sending Pasha to India? Kaayani was himself ISI chief when Musharraf was President/Army Chief. The point is Hamid Gul, Kaayni and Pasha are all same group of cheats.




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  • gc28262
    03-24 03:03 PM
    Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

    I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

    You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
    I am telling you the same thing I told the other guy .... you don't need to give me justifications.

    Just hope that USCIS will buy your story!

    All your assumptions about H1B is only for full time jobs is flawed. USCIS has not said that. There is no law that says that.

    BTW why do you think LCA requirements are meant only for consulting companies ? It is applicable to all H1B candidates. That has been the law for a long time. Nothing new here for you to be happy about.

    Your posts are driven by your ignorance than any legal base. You need to educate yourself in immigration perspective.

    Why USCIS audits are focused on consulting companies ?
    It is not because consulting is not allowed on H1B. It is because they figured out that H1B violation are more prominent among small companies.




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  • ganguteli
    03-23 12:26 PM
    well..thats good question..I couldnt..because calling number was Unavailable..

    Call came to my cell which is the number I put in 485 app.

    She was reading some information from my Biographic form..like my first employment dates etc..so I just assumed it to be legit calll...but I never know until I get an email..so far nothing..

    You/lawyer/employer may have forgotten to shred the extra/unwanted documents. Someone may have got hold of them.

    Google 'identity theft' and you will be surprised.

    Do not answer anyone unless you check. Ask for a call back number. Find the name , badge number. ask them to send you an email with a legit id and you will call back.

    You should anyways never talk alone to such people even if they are real. Ask them to talk to your lawyer. If they ask you his number, tell them to find from the application.

    Basically never give any information on the phone.



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  • like_watching_paint_dry
    07-16 10:10 AM
    Don't yell at me. I agree with most of you guys. I am also a masters degree holder from a US university and waiting for my GC and I think the body shops created most of the bad reputations for the h1-bs. Even though some of you say it is a small percentage, I disagree. If we also push for some h1-b reform, may be we can get what we want. Usually a bill develop as a package.

    Some one asked for the name of a body shop. I could provide that if you think there will be some action against them.

    If you go to anti-H1-b sites, They are displaying things like, Advertisements listing H1-b available for a number of US cities. These are ads taken from body shops. The anti-h1-b sites use this as a propaganda. I think it hurts all of us. :D

    If you hold an advanced degree from a good school in the US, then you are usually one of the most sought after professionals in this country. If you think you are not among the best and the brightest and you deserved to end up in a hole like the one you are talking about, the least you still do is keep your self respect and abide by the laws.

    You can definitely help by initiating action against the offending body-shop guy. DOL/CIS have stepped up enforcement and are going after such violators. It is not legal to "bench" an employee and not pay the offered wages or pay below the prevailing wage specified in the Labor Condition Application form filed by your employer. I'm not sure but I've probably read that asking the employee to pay the immigration processing costs is not legal either.

    DOL/CIS has forms for reporting these kind of violators. If you do not do this, that same body shop will do the exact same thing to the next person tomorrow. And that next guy could be your younger brother or sister.

    You can use these forms and file a complaint:

    http://www.dol.gov/esa/forms/whd/WH-4.pdf

    http://www.usdoj.gov/crt/osc/htm/charge.htm




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  • funny
    09-30 05:00 PM
    I 100% agree with you. We are highly skilled educated people. Legally came to USA , earned Master or higher degree in field of STEM. Working hard and paying taxes , having amerincan babies but still cannot make USA as our permanant home.

    It is very riskey to buy a house without having green card. Not that we will not find job if we loose current one but not sure where we end up getting job. and given housing market condition ,we will be end up loosing money if we sell house.

    I have seen CIR debates for 06 - 07 , Senator Durbin was against H1b people. Even current H1b laws are very strick. After living in USA for 10-12 years if you loose job becasue of given environment and if you cannot find second soon it is possible that you may loose your legal status.

    I love to see OBAMA as next president of USA. Even I am not citizen of this country but my children are. And as a responsible parent of them I wish Senator OBAMA become next president of USA. when I hear speech of Senator OBAMA & Biden I feel security of my children.

    I wish Senator OBAMA will restore my trust in American Dream. Would it be appropriate if I have to move out of here along with my USA citizen children to another country ?


    please forgive my ignorance and I have asked this question 2-3 times on this thread itself.

    Do you think if Obama comes into power then all the people who are waiting for GC under employment based GCs will loose thier current applications and will have to start all over again in the new Point based system or the new point based system would only be for new applicants? It might very well be possible that Obama campaigns for Recapturing the lost visas and reducing the current backlog quickly so that the new process can be in placed quickly...I doubt that all the pending applicants will be asked to join the new point based queue, because no one would be willing to do it and a lot of people will be going back to thier home country and there would be a lot of crisis specially in IT as he is also campaining for Less H1B, so companies will not be able to hire new H1B.

    Please clarify.



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  • willigetagc
    08-05 08:40 AM
    The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?

    I dont think your proposal is fair. PD belongs to the person whether he is EB2, 3 or 10.

    In fact, if you think about it an EB3-to-EB2 convert would spend more time in the queue than a full EB2 and less than a full EB3.
    But what you are proposing will make a 3-to-2 convert spend more time in the queue than a full EB3.

    You know the GC queue is a dynamic one. You need to look at the total time spent in queue to determine whats fair.




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  • Macaca
    09-29 04:06 PM
    A Day in the Life: Restaurateurs Hit the Hill (http://rollcall.com/issues/53_34/news/20220-1.html) By Anna Palmer | ROLL CALL, September 27, 2007

    Like hundreds of Washington, D.C., trade associations that shuttle their members to town every year for a bit of precious face time with lawmakers and staff, the National Restaurant Association has its once-a-year shot at putting a live face on its most pressing concerns.

    On Wednesday, the NRA was ready. Its 700 delegates, who had spent the day before at the Grand Hyatt prepping their talking points, fanned out over the Capitol for 332 meetings, including some 284 lawmakers.

    That may seem like an extraordinary show of force. But restaurant owners, like real estate agents and bankers and even florists, all share something in common: a powerful membership presence in every Congressional district.

    Still, the results of the day, like many constituent experiences, were decidedly mixed, as the restaurateurs touched on some of Congress' most sensitive subjects: comprehensive immigration reform, food safety and lowering the number of years it takes to depreciate their buildings.

    Members arrived by state associations and tended to concentrate on their state delegations.

    For the Pennsylvania group, 8 a.m. Wednesday was go time. With 20 restaurateurs swarming the Capitol, they were meeting once again with Sen. Arlen Specter (R-Pa.), whom they see as an ally on immigration reform, and freshman Sen. Bob Casey (D-Pa.), a first for many of them. That's in addition to 14 of the 19 Members of the Pennsylvania Congressional delegation.

    Arming themselves with the facts that restaurants are the second-largest private-sector employer, the 2,100-member association wanted answers, mainly about immigration and what Congress is going to do.

    As the lobbyists mingled outside Casey's office, for many it was a time to reacquaint themselves with old friends and competitors. Most were loose; they weren't novices on Capitol Hill. They've been here before and were ready to get right to the point.

    Led by state President James Flanigan, an intense, impeccably dressed man who has spent his entire career in the food service industry, the group was realistic about their role in national politics.

    "The NRA is like the NFL. [The state restaurant associations] are all the backups of the NFL," said Joseph DiSalvo, owner of DiSalvo's Station Restaurant and incoming president of the state association, as they waited in the hallway to meet with Casey.

    But while lobbying here is important, the Pennsylvania association, which is headquartered in in the state capital, Harrisburg, sees its role as more intimately involved in state-level politicking than federal.

    "Our mission is Harrisburg," said Flanigan. "They can do a lot more damage to us."

    Currently, for example, the city of Philadelphia is deciding whether to require trans-fat labeling on menus, which Flanigan describes as "feel-good legislation" that doesn't really work, and Allegheny County, which includes Pittsburgh, which is considering a 10 percent drink tax.

    "More and more issues are driven down from the federal to the state and now the local level" Patrick Conway, the state association's top staffer, said.

    The group also is dealing with a proposed statewide smoking ban, which it favors. But, the restaurant industry hit a roadblock earlier this year after the tavern association and casinos lobbied heavily for exemptions.

    "My own opinion is I hate the government telling me what to do," said Flanigan, of the smoking ban. "But exemptions put us at a competitive disadvantage. It's the old story of leveling the playing field."

    After filing into the office adjacent to Casey's main entrance in the Russell building, the group settled in around a long boardroom table, with others perched around the walls.

    But there's no Casey. Instead, the lobbyists had to make due with a staffer who works on many of the issues, including immigration reform.

    The group has been prepped by lobbyists from the D.C. office of the National Restaurant Association to stay on their talking points: immigration reform, food safety and the restaurant depreciation tax.

    "For immigration the primary goal is to express our frustration with the inability of Congress to tackle this obviously significant issue," said Brendan Flanagan, the NRA's vice president of federal relations, in an interview.

    Bill Baker, an NRA board member and Pennsylvania restaurateur, led off the discussion, pointing to how comprehensive immigration reform is important not only to their bottom line, but also in making sure employers are on the right side of the law.

    He followed up with horror stories of under-staffed restaurants that can only seat half the restaurant because there aren't enough workers.

    Baker's frustration is echoed by fellow association members, including Michael Passalacqua, former state association president and owner of Angelo's Italian restaurant in Washington, Pa.

    "We are not document experts," Passalacqua said. "The only way the restaurant industry is going to be staffed is a matter of stealing each other's employees."

    With just minutes left before the staffer had to exit for another meeting, the delegates had little time to address food safety and depreciation.

    As the lobbyists left Casey's office, many are frustrated about not getting more specific answers about when immigration reform is going to happen. But, they held out hope for Specter, whom they see as a real advocate on immigration reform.

    After trucking to the Hart Senate Office Building, the delegation was led into Specter's office for the much-anticipated meeting. For many of the delegates who have been attending the national conference for many years, it wasn't the first time they've met with the Senator.

    Less than 10 minutes after Specter joined them, they exited the meeting and frustration from some of the members mounted.

    Even Conway, the state association chief executive who so far has kept a stiff upper lip all morning helping coordinate the delegates and keep everyone on message, diplomatically explained that Specter "didn't have much time."

    But with the meeting so short, and no one from the delegation given the opportunity to ask a single question, others are slightly more frazzled.

    "The time frame was just so small, we couldn't get any information. I'm disappointed because I had a lot questions. There's no time with only 10 minutes," Passalacqua said.



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  • nanban007
    07-14 12:56 PM
    I am a silent viewer all these days. My PD is DEC 2001 EB3-I. Thanks for the letter and I will send it today . Let us try our best. Cheers, Nanban




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  • unitednations
    03-25 06:59 PM
    I am trying to upload a pdf file but keep getting error message.

    temporaryjob140denial.pdf:
    Upload of file failed.

    It is way below the size limit posted for pdf file.

    any ideas?



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  • xyzgc
    12-26 06:17 PM
    Actually the best strategy will be to build up troops in Kandahar, completely in secrecy. Afghan govt can help India if India plays some deft diplomatic moves. Then hit Quetta by launching an attack from Kandahar. Pakistanis won't even know what hit them. They will be waiting for attack to come from their eastern border.

    Like this thread. I'm no defence strategist either but its good to read this.




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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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  • logiclife
    11-21 05:44 PM
    Lou Dobbs gets his ratings based on how much angry he can get people.

    Same goes for Rush Limbaugh and Bill O'Reilly.

    The easiest way to get good ratings and viewership of your program on radio or TV, if you dont have substance and if you dont want to work hard, is to make people angry.

    Angry listeners are regular listeners and motivated listeners. Also, a lot more emotional and a lot less objective.

    They all know they are talking garbage. Take Bill O'Reilly's "War on Christmas" for example. Does it really matter if walmart hangs a sign that says "Happy Holidays" instead of "Merry Christmas". Does it feed the hungry homeless people? Does to stop Genocide in Darfur. NO.

    But it can make some people angry, which gets good ratings and 90% of broadcast media are ratings pimps. All they care about is viewership and ratings and they dont themselves believe in the nonsense they utter into the microphones.




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  • alias
    04-08 07:01 AM
    I might be interesting to check with a lawyer whether:

    H1B extensions based on I-140 (beyond 6 years) are same as normal H1B extensions(without I-140). In other words, if someone has an I-140 approved does this bill still affect his H1B extension petition(assuming he is consulting)?



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  • pd_recapturing
    08-05 08:29 AM
    Friend, How many times, you need to know that even job requirements do get rigged by lawyers and employers to accommodate ppl in eb2/eb3 ...and its not jumping the line ...the person has to restart the labor and 140 in order to change the category ...u cant compare it with labor substitution (if u r comparing !!)




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  • rockstart
    07-14 03:37 PM
    Because when Eb3 ROW were getting approved they had no personal friends getting approved but suddenly now with Eb2 India moving forward they know people who will get GC soon and this hurts, when then see these people (friends) in temple or get together who will be (soon) GC holders and so this cry of fowl play comes in behind the mask of anonymus user id a vieled attack


    All of a sudden when EB2-I moves ahead I hear voices of 'injustice', fair play and demands for visa number handovers. Sorry aint gonna happen.



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  • Macaca
    12-16 09:22 PM
    Democrats Assess Hill Damage, Leadership (http://www.washingtonpost.com/wp-dyn/content/article/2007/12/16/AR2007121600306.html) By CHARLES BABINGTON | Associated Press, December 16, 2007

    WASHINGTON -- Congressional Democrats will have plenty to ponder during the Christmas-New Year recess. For instance, why did things go so badly this fall, and how well did their leaders serve them?

    Partisan players will quarrel for months, but objective analysts say the debate must start here: An embattled president made extraordinary use of his veto power and he was backed by GOP lawmakers who may have put their political fortunes at risk.

    Also, a new Democratic leadership team overestimated the impact of the Iraq war and the 2006 elections, learning too late they had no tools to force Bush and his allies to compromise on bitterly contested issues.

    Both parties seem convinced that voters will reward them 11 months from now. And they agree that Congress' gridlock and frustration are likely to continue until then _ and possibly beyond _ unless the narrow party margins in the House and Senate change appreciably.

    In a string of setbacks last week, Democratic leaders in Congress yielded to Bush and his GOP allies on Iraqi war funding, tax and health policies, energy policy and spending decisions affecting billions of dollars throughout the government.

    The concessions stunned many House and Senate Democrats, who saw the 2006 elections as a mandate to redirect the war and Bush's domestic priorities. Instead, they found his goals unchanged and his clout barely diminished.

    Facing a Democratic-run Congress after six years of GOP control, Bush repeatedly turned to actual or threatened vetoes, which can be overridden only by highly elusive two-thirds majority votes in both congressional chambers.

    Bush's reliance on veto threats was so remarkable that "it's hard to say there are precedents for it," said Steve Hess, a George Washington University government professor whose federal experience began in the Eisenhower administration.

    Previous presidents used veto threats more sparingly, Hess said, partly because they hoped to coax later concessions from an opposition-run Congress. But with the demise of major Bush initiatives such as revamping Social Security and immigration laws, Hess said, "you've got a president who doesn't want anything" in his final year.

    Bush's scorched-earth strategy may prove riskier for Republicans who backed him, Hess said. Signs point to likely Democratic victories in the presidential and many congressional races next year, he said.

    That is the keen hope of Congress' Democratic leaders, House Speaker Nancy Pelosi of California and Senate Majority Leader Harry Reid of Nevada. They have admitted that Bush's intransigence on the war surprised them, as did the unbroken loyalty shown to him by most House and Senate Republicans.

    Empowered by Bush's veto threats, Republican lawmakers rejected Democratic efforts to wind down the war, impose taxes on the wealthy to offset middle-class tax cuts, roll back tax breaks on oil companies to help promote renewable energy and conservation, and greatly expand federal health care for children.

    Pelosi on Friday cited "reckless opposition from the president and Republicans in Congress" in defending her party's modest achievements.

    Americans remain mostly against the war, though increasingly pleased with recent reductions in violence and casualties, an AP-Ipsos poll showed earlier this month. While a steady six in 10 have long said the 2003 invasion was a mistake, the public is now about evenly split over whether the U.S. is making progress in Iraq.

    Opposition to the war is especially strong among the Democratic Party's liberal base. Some lawmakers say Pelosi and Reid should have told those liberal activists to accept more modest changes in Iraq, tax policies and spending, in the name of political reality.

    "They never learned to accept the art of the possible," said Sen. Trent Lott, R-Miss., a former majority leader who is partisan but willing to work with Democrats. "They kept going right up to the limit and exceeding it, making it possible for us to defeat them, over and over again," Lott said in an interview.

    He cited the Democrats' failed efforts to add billions of dollars to the State Children's Health Insurance Program, which Bush vetoed twice because of the proposed scope and cost. A somewhat smaller increase was possible, Lott said, but Democrats refused to negotiate with moderate Republicans until it was too late.

    "They thought, 'We're going to win on the politics, we'll stick it to Bush,'" Lott said. "That's not the way things happen around here."

    Some Democrats say House GOP leaders would have killed any bid to forge a veto-proof margin on the children's health bill. But others say the effort was clumsily handled in the House, where key Democrats at first ignored, and later selectively engaged, rank-and-file Republicans whose support they needed.

    Some Washington veterans say Democrats, especially in the ostentatiously polite Senate, must fight more viciously if they hope to turn public opinion against GOP obstruction tactics. With Democrats holding or controlling 51 of the 100 seats, Republicans repeatedly thwart their initiatives by threatening filibusters, which require 60 votes to overcome.

    Democrats should force Republicans into all-day and all-night sessions for a week or two, said Norm Ornstein, a congressional scholar for the right-of-center think tank American Enterprise Institute. The tactic wouldn't change senators' votes, he said, but it might build public awareness and resentment of GOP obstructionists in a way that a one-night talkfest cannot.

    To date, Reid has resisted such ideas, which would anger and inconvenience some Democratic senators as well as Republicans.




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  • StuckInTheMuck
    08-06 12:30 PM
    all until the one going down hits a trampoline and the one going up hits a ceiling. Then they reverse course. The trampoline and ceiling are the visa bulletins:
    Neat :)




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  • CreatedToday
    01-08 03:18 PM
    I just copied and pasted the coward Refugee_New's msg to me. I'll be careful about 'quoting others' also!

    Did you consider banning him?

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


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




    nojoke
    04-07 04:54 PM
    In early 2000 when the stock market was going crazy, every pundit worth his salt was proclaiming at the top of their voice to buy stock. And then the whole thing collapsed.

    In the same time period, not many experts recommend buying a house. I remember in 2002 a community near my work was selling town homes for around 200,000 and there were no buyers. Today (after correction) those same houses are still selling at around 450,000.

    I 100% agree with you that this is a good time to buy. I know many people are saying that the market would crash another 20%. But the fact is that you can negotiate 10-15% from the advertised price. And there are enough homes in the bank-repo and short sale categories where the prices are 20-30% below the price mentioned in zillow.

    Having owned a town home for the last 2.5 years, I can very confidently say that the yard work and house cleaning etc. etc. are not such a big deal. Actually we mow our lawn with a manual push mower (may not be practical if you have more than 10 cents to mow) and clean the snow using a $10 snow shovel. Who said a little exercise is bad for you? I have also helped my single family friends in their yard work and never thought working outside is such a bad thing.

    But there is a risk. And house is big ticket item, you have move cautiously.

    Your reasoning is flawed. Lot of people made money in the dot com boom era selling stocks. Just like you, lot of them said during the midway of crash that the stocks had fallen and is very attractive to buy and is a buying opportunity bla bla. Many fell victims. All those stocks became worthless.

    We are in the middle/start of the correction. Housing takes a long time to correct, unlike stocks. It took 6 years for the last real estate crash(1989) to bottom out. No way it is attractive to buy at this time.




    Pineapple
    12-24 04:31 PM
    Dude, I have donated over $ 1000 to IV so far, and participated in every campaign, and made enough calls to give me blisters, all without seeking attention or green dots. Next please?

    I think you and many others like you didn't want to go in the first place. You are just inventing an excuse.
    There are other threads on this forum, this is not a good excuse. If you don't like this thread, don't bother reading it. Its really simple.



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