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  • ns33
    07-13 12:20 AM
    Great Job - Thanks for taking initiative... everyone please pitch in.





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  • masaternyc
    05-13 05:15 PM
    Its fair Too





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  • inspectorfox
    03-23 03:23 AM
    Immigration uncertainties should not be a reason for not buying a house in the US. In my opinion it�s always best to buy a house considering it as a long term investment � You will eventually build equity even though the present US housing market is in doldrums.

    I played the housing game differently to minimize the risks associated with my present immigration scenario (I am on 8th year H1B with I140 pending since Oct 2006)...
    1) I did not buy an expensive place even though I could easily qualify for $500K mortgage.
    2) I put only 3% down payment on my mortgage instead of conventional 20%. It was a difficult decision to make due to PMI but I feel more secure with cash liquidity.

    I am an optimistic person but here is my realistic backup strategy if anything falls apart due to immigration (Worse case scenario) -

    1) Sell the house and move out of the US (Housing market conditions could be a determining factor)
    2) Rent the house (I don't think this should be a problem... LOCATION is the key)
    3) Go into Foreclosure (Highly unlikely but you are destined to be screwed anyways)

    Does anyone have a better backup plan? Please share here :)





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  • surabhi
    03-25 10:57 AM
    That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.

    USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.

    Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.

    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."



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  • sdrblr
    03-23 11:57 AM
    I just wanted to point out that please be careful of what personal information you give as this is a "Incoming Call" and it is hard to verify the authenticity of it.





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  • piyushvora
    10-01 08:48 AM
    I agree with the OP. I have similar situation where I came to US in 1999 for my MBA and every single time there is a good opportunity, my immigration status gets in my way. I am tired of the wait and at a point where it seems like this endless wait is not worth it.

    If I don't see any immigration relief in terms of legislative action, then I will sell my assets (including house) and settle overseas (Canada/Australia or India).

    If Obama becomes president can he restore the faith of high-skilled immigrant who play by the books and still have to wait for decades to get their Green Card.

    After graduating with a Electrical engg degree from a top school in India, I got a job with a world leading semiconductor company. I first came to USA almost 12 years ago on a business trip as part of a multinational chip design effort for high end Telecommunication market. I was very impressed with the group of professionals I worked with. I felt the work environment stimulated the creativity in me and brought the best out of me. After the short trip I went back to my home country but that visit left a lasting impression on me and I felt USA would be the place I can further my professional abilities. Couple of years later, I came to USA for my Masters to embark on that journey. Even though I graduated when the US economy was in recession (2001), my unique skill set was much sought after and hence I got a job with a R&D startup division of a popular Japanese company. Working with a great group of professionals brought out the creativity in me. I currently have 10 US patents. The sailing was smooth until I started my Green Card process. The outdated immigration system and the long wait in the limbo state has been impacting my professional and personal life. I am starting to doubt that my American dream is slipping away day by day. I hope if Obama becomes the president he would restore some credibility to my faith in the immigration system. But if Sen. Durbin is driving Obama's immigration policy then I fear even more long waits for high-skilled immigrants because of Sen. Durbin's aggressive stance against H1B's. Mean while I have started to look at immigrant friendly countries like Australia and Canada as my possible future destination. Due to too much headaches with immigration process my Director had decided not to hire any more foreign workers, this decision has crippled our divisions expansion as most of the interested candidates require H1's. All the new projects which otherwise would have started in USA has moved to other places all because of the broken immigration process.

    Obama has mentioned many times on the campaign trail that "his education" is the reason why he has risen to where he is now. I feel Obama is a person who values higher education and high-skilled professional and I do have great faith in Obama's skills, I hope he takes a strong stance on the need to reform the high-skilled immigration system.

    Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. The companies started by those immigrants employ thousands of Americans and millions in tax revenue. Then why is America so hostile towards the same high-skilled immigration system which in the long run benefits America. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.

    Here is the link to the NFAP report which I talked about

    http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf



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  • senthil1
    04-07 11:35 AM
    If H1b quota is increased last 2 years it could have done easily as quota was reached much before the start of year. Without union support same thing is going to happen this year as last year. IV members has to wait years to get gc. They will use H1b as shield to gc reform and no one will get anything. Possiblity is H1b and GC provisions can be passed without much visiblity when CIR is passed. Majority of US people does not want unlimited immigration in any section whether legal or illegal. Opinion polls show that. US people wanted moderate increase in immigration and that is reflected in congress but pro immigrants want unlimited number in legal and illegal. That is the problem


    I am glad IV is taking a strong stand against this bill. IV should work with Compete America (they have more of a vested interests in this) to make sure this bill doesn't see the light of day.

    This bill is introduced by 'Pro-Illegal,pro-union and protectionist' section of Democratic party and 'Anti-immigration at all cost' section of the Republican party. I believe both these groups are fringe elements in both parties. But they could use this bill as a bargain chip for CIR and might get it passed because of it. So we should not take this lightly even if we might not be screwed by this. It will definitely hurt people coming behind us.

    Only reform H1b needs is to increase the quota or have no quota. And also to tie the H1b to the worker and not to the employee. And I dont see any in this bill.





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  • thomachan72
    07-08 08:56 AM
    Avery sad situation indeed. Hoping and praying that you see the silver line around the dark cloud fast. Is anybody aware of lawyers who would work through such situations for legal immigrants for free? I know it seems an absurd question, but in this country there are many service minded people also. One suggestion I have is to contact a nearby church / christian ministry and see is there are any lawyers with them who would give advice for free. I know many churches conduct free vaccination, health evaluation, maternity camps which specifically target desperate immigrants / poor american citizens.



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  • mariner5555
    03-27 07:26 AM
    Unfortunately, there are no simple answers. Mortgage rates are tied to 10 year bond rate, so they generally are not affected much by short term fed rate. With credit crunch, bond market is in real bad shape.
    Fed is trying to supply short term funds to ease this crunch. I don't know how low Fed will go for this. What I am seeing is mortgage rates being stable or going down a little in near term bcoz of Fed easing. For long term, I believe rates will go up as bonds have to become attractive to get new investors.This may not be the best ( absolute bottom) but definitely very good time to refinance if it makes sense for your conditions.
    For first time buyers like me, there are a lot of parameters to be considered. In my opinion the parameters are tilted towards faster house price drop . Hence I am waiting at least for a year. I will not do anything till next spring.
    > Hence I am waiting at least for a year. I will not do anything till next spring.
    Perfect ....exactly the same timeline for me too. I guess by that time GC picture and economy picture will be more clear too !!
    This is from CEO of Lennar builders
    ------------
    "Lower consumer confidence has quieted demand among prospective homebuyers and deterred them from a buying decision, while contraction in the lending markets has reduced the availability of credit for those prospective homebuyers that do wish to buy a home," CEO Stuart Miller said in a statement.

    Miller added that the glut of homes on the market continues to rise due to foreclosures and homeowners who have been forced to dump homes they can no longer afford.

    "The housing industry continues to be impacted by an unfavorable supply and demand relationship, which restricts the volume of new home sales and, concurrently, depresses home prices in most markets across the country," he said.
    --------------





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  • HopeSprings
    08-06 10:48 AM
    Although the discussion has deteriorated to a point where it will not be healthy anymore, these are valid questions.

    I think a good compromise would be if interfiling is allowed only if the candidate was eligible for the EB2 position at the time of filing the EB3 labor. The current rule punishes those who go to grad school full-time, especially if you did a PhD but do not qualify for EB1.

    sroyc,
    What a resolution!!! I completely agree with you. Interfiling should NOT be scrapped but limited to people who qualified for the later category (EB2/EB1) on the date of their PD.



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  • StuckInTheMuck
    08-05 02:13 PM
    Dick Cheney walks into the Oval Office and sees The President whooping and hollering.

    "What's the matter, Mr. President?" The Vice President inquired.

    "Nothing at all, Dickie. I just done finished a jigsaw puzzle in record time!" The President beamed.

    "How long did it take you?"

    "Well, the box said '3 to 5 Years' but I did it in a month!"





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  • fcres
    08-07 04:40 PM
    UN,

    I understand u had a topsy turvy ride to GC urself...and ur story is posted somewhere....Can you or someone who may know point me to it...ur GC interview and what not?

    Is this what you were looking for? Its in this thread itself.

    http://immigrationvoice.org/forum/showpost.php?p=103959&postcount=74



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  • gc28262
    12-19 10:31 PM
    sriramkalyan,

    I find it irritating that every now and then, some tom dick and harry comes to these forms and say - "time to close down" whenever you see something that you don't like. Frankly, this shallow view and negative attitude is irritating.

    Sanju,

    Your posts are definitely interesting. Please start a blog. We all will be happy to read it there. We should not post non-immigration related stuff on IV (especially those that are controversial). As for IV, unity is more important than freedom of speech.

    So I agree with sriramkalyan, threads such as these should be closed.





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  • walking_dude
    09-28 08:01 PM
    Obama presidency will be a positive experience or a negative, based on whether Sen. Obama chooses to show Leadership or panders to the extreme left-wing of his party.

    Obama has everything to gain from supporting the EB community. An example is the loyal following Pres. Clinton has developed with the Asian community through the passage of recapture in the American Competitiveness in the 21st Century Act. Passing pro-EB immigration bills will definitely create a pro-Obama community as he gets ready to run for the second term. Though these new Permanent Residents may not be having the vote, they can contribute generously to the Obama campaign legally.

    Obama campaign won't be able to bank on 'Hope and Change' for the second term. Contributors will be judging him based on what he has done for their community. As he faces the Republican money-machine these contributions from the grateful former-EB immigrants will create a safe avenue for funding.

    Helping EB immigrants will not hurt Obama with the labor unions and left-wing groups. Whatever be their gripes, they will not be voting Republican or contributing Republican for sure. Same cannot be said of EB immigrant community who can by and large go Republican, if they see Obama working to the detriment of their interests and the community. With Asian votes and more importantly being so crucial in NY/NJ and CA, If I were Obama I would think hard before supporting anything that can turn these communities against me, and my party for a long time given the uncertainties of politics. If past trends have been any indication EB immigrant community has always voted solidly Democratic. Last thing any sensible leader or party will do in democracy will be losing thousands of future voters likely to vote for them and/or their party.

    Obama can either create a lasting Legacy with this community.Or he can make them angry for life by pandering to the extreme left-wing of his party, who won't even remember the action come the next elections. I hope Obama makes a sensible choice for the greater good. But if the current Democratic party politics is any indication, I am skeptical. It is beyond my understanding why the Democratic party leadership is hell-bent on converting the pro-Democrat EB immigrant community into future reliable Republican voters, by consistently black-balling any bills that could help the community!

    Passing anti-EB immigrant measure will NOT help the Dems get any new votes that they already don't have. Dems may lose a few votes for short term -which I highly doubt - by passing Recapture and other pro-EB bills. But that loss will be more than offset by new grateful voters who will vote Democratic for a generation and may be more. I can only hope that common sense prevails, and Obama acts keeping the common interests of his party and EB immigrants in mind while acting on the issue, while getting ready to pack-up for Canada or India, if forced to do so by Sen. Durbins pet policies.



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  • xyzgc
    01-03 05:02 PM
    When they get bribes, why bother about pay? Sorry, I've no respect for these low lifes who take bribe and make common man run from pillar to post.


    I think before we get into the generics of bribery and corruption - we should examine it from the context of the lack of security. Blaming the local police force for everything wrong that goes on is a natural reaction. This was my initial reaction too.

    Yes, the Bombay police has not been effective but you must realize that when the police is underpaid, they will remain incompetent I'm not justifying bribery and corruption, just trying to suggest that provide them with proper arms and give them proper remuneration. Most of the retired police commissioners have also complained of lack of free hand and interference by officious politicians.

    Major Unnikrishanan received a paltry compensation of Rs 500k with humiliation to his father as a bonus. Abhinav Bindra - an olympic gold medalist - received Rs 5 million.
    Is there a sense of proportion? Obviously, we don't care for our fallen heroes, we don't care for our security forces...

    Would you rather be a sportsman or a Bombay policeman/a commando? Decide for yourself.





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  • Macaca
    12-10 08:55 PM
    Moving fast: Tech lobbyist races to results (http://thehill.com/business--lobby/moving-fast-tech-lobbyist-races-to-results-2007-12-11.html) By Kevin Bogardus | The Hill, December 11, 2007

    �I really don�t have a strong partisan style. I just like getting things done,� said Hellmann.

    Under his helm, the lobbying team at the Information Technology Industry Council (ITI) has earned a reputation as a smart and aggressive advocate on Capitol Hill for the high-tech cause.

    Hellmann, 46, joined ITI in 2001 after several years advising House Republican leaders, including then-House Speaker Dennis Hastert (R-Ill.). But politics was not always foremost on the Florida native�s mind. He describes himself as a former �beach bum� who did not vote in the 1980 presidential election because he could not choose between Ronald Reagan and Jimmy Carter.

    �Now I know better,� Hellmann said.

    By college, Hellmann�s interest in Washington had begun to simmer. He majored in political science and says he typically flipped to C-SPAN instead of MTV. In 1984, he took a job as a paid intern to then-Rep. Buddy MacKay (D-Fla.).

    Hellmann soon after switched sides and began to move up the ranks. He worked for several prominent GOP lawmakers, such as Rep. Newt Gingrich (Ga.), before becoming a key adviser to party leadership. There, Hellmann helped to push through welfare reform, anti-poverty legislation and the No Child Left Behind Act.

    The lobbyist always strived for results in Congress and saw the need for both parties to work together. Hellmann put that philosophy into practice as the liaison between then-House Majority Whip Tom DeLay (R-Texas) and the coalition of Blue Dog Democrats.

    �He knows substance, but even more importantly, he knows the institutional quirks and the process as well as anybody in town,� said Rep. Adam Putman (Fla.), the House Republican Conference chairman. Putnam credits Hellmann with educating members on �how the technology sector is a driver of the economy.�

    As ITI�s senior vice president of government relations, Hellmann says it is not difficult to lobby for his trade group�s members � corporations like Dell and eBay � since they are �the coolest companies in the world.�

    �We call it the �wow� effect,� said Hellmann. But gone are the days when high-powered executives for tech companies could fly into Washington once a year, meet with lawmakers and expect to achieve what they wanted on Capitol Hill, according to the lobbyist. Now, a daily, active presence is necessary to keep check on Congress, which can affect the industry on multiple fronts.

    Increasingly, other well-heeled business lobbies with decades of experience in Washington are weighing in against tech companies� interests. �We have to match them in shoe leather,� said Hellmann.

    Adam Kovacevich, Google�s Washington spokesman, described Hellmann as an excellent advocate for the tech cause � a �good consensus-builder� who has �a great understanding of what is actually possible on the Hill.�

    �He has never stopped building relationships with new generations of staff,� said Kovacevich, who worked at ITI in 2005.

    To maintain ITI�s lobbying prowess, the trade group executive has helped assemble a team of �type-A personalities� who can work with both parties and understand how Congress works. Each lobbyist has between five and 10 years of government service, Hellmann estimated.

    �With Rahm, we moved a million miles a minute and we got things done. I felt ITI worked the same way,� said Jon Hoganson, who recently joined ITI from House Democratic Caucus Chairman Rahm Emmanuel�s (Ill.) office. �It wasn�t about white papers and setting up meetings.�

    Hellmann credits ITI�s quick action with helping to convince Congress to set a date for the country to move from analog to digital television. The trade group and its member companies formed the DTV Coalition, and stressed in Hill meetings that the sale of spectrum bandwidth could generate $10 billion in federal revenue, according to Congressional Budget Office estimates.

    More recently, ITI has waded into the emotional battle over immigration. Hellmann�s German-born parents came to America in 1956 on his father�s employment visa, so the debate has special resonance for the lobbyist.

    �There is a strong nativist element in Washington right now,� said Hellmann. Republicans have weighed in against immigration reform.

    Democrats, meanwhile, have railed against trade deals, another ITI priority.

    With so much on the trade group�s plate, Hellmann plans to keep ITI up to date on Washington�s happenings and sees no need to slow down.

    �Politics is a fast-moving sport,� Hellmann said.



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  • Vsach
    01-09 06:14 PM
    :confused:

    Why can't we all plan a strategy to get the Green Card process going....rather waste time discussing something like this????


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  • kshitijnt
    06-26 01:33 PM
    Dear IV Members, Kindly be respectful to others even if you do not agree with their opinion. I saw ValidIV was give a lot of negative reputation since he disagreed with views of many people. KIndly do not do so. The debate should be respectful with honorable disagreement.





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  • coolest_me
    08-07 01:52 PM
    :D:D:D Loving this thread :D:D:D

    -My Attempt .. One liners


    If you can stay calm, while all around you is chaos...then you probably haven't completely understood the seriousness of the situation.

    Doing a job RIGHT the first time gets the job done. Doing the job WRONG fourteen times gives you job security.

    Eagles may soar, but weasels don't get sucked into jet engines.

    Artificial Intelligence is no match for Natural Stupidity.

    A person who smiles in the face of adversity probably has a scapegoat.

    Plagiarism saves time.

    If at first you don't succeed, try management.

    Never put off until tomorrow what you can avoid altogether.

    TEAMWORK...means never having to take all the blame yourself.

    Rome did not create a great empire by having meetings, they did it by killing all those who opposed them.

    The beatings will continue until morale improves.

    Never! underestimate the power of very stupid people in large groups.

    We waste time so you don't have to.

    Hang in there, retirement is only thirty years away!

    Go the extra mile. It makes your boss look like an incompetent slacker.

    A snooze button is a poor substitute for no alarm clock at all.

    When the going gets tough, the tough take a coffee break.

    INDECISION is the key to FLEXIBILITY.

    Succeed in spite of management.

    Aim Low, Reach Your Goals, Avoid Disappointment.





    mrajatish
    07-08 10:35 AM
    1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

    2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

    3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

    _____________________
    Not a legal advice.
    You are right about the dependent/derivative thing - it was my misunderstanding.

    The USCIS field manual on this: http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).p df


    Best explanation I found: http://www.greencardapply.com/news/news05/news05_0825.htm

    245(k) reads:

    "(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;

    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--

    (A) failed to maintain, continuously, a lawful status;

    (B) engaged in unauthorized employment; or

    (C) otherwise violated the terms and conditions of the alien's admission."

    Unauthorized Employment
    Subject to INA �245(i) and 245(k), applicants for adjustment of status who have engaged in unauthorized employment on or after January 1, 1977 are barred from adjustment of status pursuant to INA �245(c)(2). Unauthorized employment is a bar to adjustment of status to persons who engaged in unauthorized employment even after their adjustment application was filed. This bar does not apply to employment-based petitions where person worked no more than 180 days without permission since his last entry into the U.S. [INA �245(k)]. Immediate relatives and special immigrants described in INA ��101(a)(27)(H), (I), (J), or (K) are also exempt from this bar.





    somegchuh
    03-25 02:14 PM
    I am glad you see the spirit. I love hearing counter points.
    Good Points. I like discussing real-estate; I'm deeply interested in it. So in that spirit of having a good conversation, here's my response:

    Couldn't agree more. Real estate is really local. IMHO, rela estate in SF Bay Area where I live, is still very inflated. It will slide for at least a few years before it starts stagnating. Off course even in Bay Area there are bright spots where the schools are really good.

    Real Estate market is always local. Unlike the market for -let's say- rice, which can be transported from one place where it's abundant to where it's scarce easily. Real Estate remains where it is. It's also subjected to a lot of local laws, municipal regulations etc. So, any discussion we have here will NOT apply to every single location. You have to research your own local regulations/market etc.

    If you have rent control, it significantly changes the picture. It usually doesn't make sense to buy if you have rent control.


    Could you explain property tax a little more? i.e. when you own it what % of your house is the tax? Is it a state tax? Is it fed deductible?

    Yep, you pay it when you own a house. And yes, you pay it when you rent (it's rolled into your rent). The difference is that when you own, it's tax-deductible; if you pay it as part of your rent, it's not.



    As a standard practice coming up with 20% down payment should be the right practice. But in Bay Area where an average house is 700K, coming up with 140K just for down payment is not easy. Again, this is really local. In ohter places coming with up with 20% makes it really easy. But in Bay Area ppl end up paying 5-10% as down payment and then pay monthly PMI.

    You don't pay PMI, if you put down 20%. Not a bad idea to save that much. It forces one to learn financial planning and forward thinking.


    Completely agree. Primary residence is for living but you don't want to buy something for .5 mil and realize you got sucked into a bad deal.

    Profit/Loss is not what the primary residence is for.


    Well, rents in the longer eventually do go up.

    You can rent for less, now, but how about later? You're assuming rents don't go up, but they do. One of my neighbors pays $250 per month in loan payment for a house he bought 20 years ago (property tax and insurance adds $550 more). It was a big payment then. Now it's almost live living for free. If he rented this he'd by paying $2500 at least. Again, if you don't plan to settle down, don't buy.



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