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  • unitednations
    03-24 02:47 AM
    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.





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  • learning01
    05-24 11:59 AM
    how can you say that the increase is not fair? Do you know how dependent and hungry these American Corporations, Universities or Research labs are? These are operating on a global scale. Innovation and Entrepreneurship are global traits. That's what these employers are seeking and getting.

    And Why not? A coke that costs about 5 c, the concentrate is made here and sent to China, Vietnam or Africa and sold 10 times more. And part the money comes back to this country, to its investors?

    Come on, you can't be so simple and naive? Grow up my friend. Read a wide variety of subjects. Tune less to the idiot box (TV), that shuts out all logical and analytical human ablities; instead it sways folks.

    The need for high skilled professionals is market driven and need based. Why would one spend atleast 10K to try to get even one H1. In advertising, in Labor Certifications, in foreign recriutment, then bringing him here.

    Brother, nobody does H1 employment for charity or social service. Not in this country. Not in any country. On the contrary. This country has dire need for nurses and other health care professionals. They are getting them here on a straight Green Card, on a silver platter. I am sure you must be aware of that.

    Americans are simply not enrolling in these high risk, hard work professions. period. QED.
    What say you?
    Folks,





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  • Macaca
    12-26 08:37 AM
    Freshmen Padding Their Independence (http://http://www.washingtonpost.com/wp-dyn/content/article/2007/12/25/AR2007122500994.html?hpid=sec-politics) Procedural Votes Become Safe Nays By Paul Kane | Washington Post, Dec 26, 2007

    Half a dozen freshman Democrats took to the House floor one late-October morning to cast their lot with Republicans.

    Their actions went unpunished by the Democratic leadership that day, as they have on many other occasions in recent weeks. The symbolic gesture -- casting nay votes on approving the House Journal, essentially the minutes of the previous day -- would have no bearing on the leadership's agenda.

    While they overwhelmingly support that agenda, the bloc of freshmen has begun casting votes against such minor procedural motions in an effort, Democratic sources and Republican critics say, to demonstrate their independence from their leadership. The number of votes that the potentially vulnerable newcomers to Capitol Hill cast against House leaders is tallied and watched closely by interest groups and political foes.

    Such is the political life of many of the 42 freshman House Democrats, a sizable number of them moderates and conservatives who must straddle the fence between supporting their party's interests and distancing themselves from a mostly liberal leadership as they gear up for their first reelection battle next fall.

    House Speaker Nancy Pelosi (D-Calif.) and other members of the party's leadership are happy to tolerate the independence on procedural matters. Less than three hours after opposing the late-October journal vote, the same six freshmen sided with Pelosi as Democrats tried, and failed, to override President Bush's veto of a bill to expand the State Children's Health Insurance Program by $35 billion over five years, legislation that Pelosi has called her "crown jewel."

    "I'm viewed as an independent. I'm viewed as a conservative Democrat," said Rep. Jason Altmire (Pa.), the first freshman to regularly oppose his party's leadership on the journal vote.

    Like several others, Altmire offered no explanation for voting against all but one of 18 roll calls on the routine measure, adding that he had no "pre-planned" rationale for the votes. "I'm certainly not going to win or lose my reelection based on my journal votes," he said.

    But the first reelection campaign in his conservative-leaning western Pennsylvania district could be a tough one. Bush won there by a comfortable nine percentage points in 2004. Districts such as Altmire's fueled the Democratic takeover of the House last year. They are blue-collar in attitude and red-hued in politics, particularly on issues such as abortion and gun rights.

    Dubbed the "majority makers" by Pelosi's leadership team, the freshmen have become a major front in the Democrats' battle to sustain and expand their majority next fall.

    Stuart Rothenberg, an independent analyst and author of the Rothenberg Political Report, said Republican hopes for shrinking the Democratic majority begin with what he calls "snapback candidates," who rode into office under the last election cycle's optimal conditions for Democrats and now face their first reelection contests.

    Protecting the 42 freshman Democrats, the largest partisan class since 73 Republicans took office in 1994, has been the top priority for key Democratic strategists such as Rep. Rahm Emanuel (Ill.). The freshmen get special treatment from leaders, including a weekly meeting with Pelosi and Majority Leader Steny H. Hoyer (Md.). And they receive frequent advice on how to vote from Emanuel and Rep. Chris Van Hollen (Md.), chairman of the Democratic Congressional Campaign Committee.

    Seven of the rookies have more than $1 million in cash on hand, and according to Rothenberg, more than half are in safe positions to win reelection. In addition, the Democratic Congressional Campaign Committee holds a more than 11-to-1 cash advantage over its Republican counterpart, a potential financial backstop for endangered freshmen.

    But the political environment has turned toxic in recent months as Democrats have been stymied in their effort to take Congress in their self-proclaimed new direction. Opinion polls show public approval ratings for Congress mired in the 20s, considerably lower than Bush's rating.

    In recent months, Democrats in battleground districts have been criticized by Republicans, who have tried to paint them as close to the new House leadership.

    "While these Democrats might claim to be independent voices for their districts, the differences between them and Nancy Pelosi are purely aesthetic," said Ken Spain, spokesman for the National Republican Congressional Committee. This year, the GOP committee launched a Web site to track the percentage of votes that 28 of the freshmen cast with Pelosi, whom Republicans say will be a polarizing figure in conservative districts next fall.

    That is why procedural votes are important to freshmen, according to Democratic aides. House Republicans this year turned to a procedure known as a "motion to recommit," offering what is typically a routine method of sending bills back to committee as politically charged amendments. With a wink and a nod from Emanuel and Hoyer, some endangered freshmen frequently vote with Republicans on tricky GOP motions to keep their votes from being used against them in 30-second campaign sound bites.

    Some freshman Democrats have taken the idea of voting against their party leadership on procedural votes one step further, opposing mundane matters such as the journal vote.

    Altmire has sided with the opposition in 17 of 18 journal roll calls this year. Rep. Joe Donnelly (D-Ind.) has cast 15 votes with the GOP. In the spring, only a few freshmen voted against the journal, but one recent vote drew 13 freshmen in opposition, and in another, 11 voted nay. Now a half-dozen or more regularly oppose whenever a roll call is held.

    Democratic leaders acknowledge that they have encouraged the freshmen to sometimes vote with Republicans on politically difficult issues, but deny that they have had any input on the Congressional Record votes.

    "We've given them very simple advice: Make sure you vote your district," Van Hollen said.

    As a result, Rep. Heath Shuler (D-N.C.), for example, has one of the lowest party-unity voting scores -- less than 84 percent -- of any House Democrat, according to washingtonpost.com's congressional database. The average House Democrat has voted with the majority on 92.5 percent of all votes.

    "They're trying to create separation. Our guys did it in '95 and '96," said Rep. Thomas M. Davis III (R-Va.), a member of the GOP class of 1994.

    At the time, freshman Republicans saw congressional popularity plummet during a budget fight that led to a series of federal government shutdowns. Fearful of being tied closely to then-Speaker Newt Gingrich (R-Ga.), many freshmen also began voting no on the journal in a similar effort to distance themselves.





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  • xyzgc
    01-04 01:46 PM
    Since 9/11, Pakistani terrorism has become a global issue. Till then it was a local issue.

    The Mumbai attacks were highlighted very well in the world media.
    That is a big step forward.

    War has economic repercussions in these times of recession and open India-Pak war is unlikely, we are all aware of that. But covert operations cannot be ruled out.

    Educated Pakistanis like alisa are well-aware of this issue of terrorism. They may try to be a little defensive but that is quite natural I would think.

    Alisa, I appreciate that you acknowledge this issue but I will not agree with you that let bygones be bygones because this terrorist encroachments have historical roots. In fact, the whole bloody thing is rooted in history since 1400-1600 A.D when the first islamic incursions began.
    Let me stop here...this is my last post on this thread. It does not mean, however, that I'll stop expressing my views against Pakistani terrorism. Not ever.



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  • rkadayam2
    07-14 02:56 PM
    Maybe I should not say "high" paid but rather above average but once I get my GC I can really start to stretch my legs, think about starting a company or seek a much higher paying job or go freelance.

    But for that day will have to wait until my LC gets approved and then 140 and 485, etc so safe to say I have a long way to go.

    I may be better paid than the average american or even a skilled immigrant neverthless I'm still a slave who will have to stay confined with this one measly job for the last 5 years and put up with the whims of my management.

    I'm not dreaming of settling down in this country forever or becoming a citizen but I just need a valid status that will allow me to pursue a fruitful career. BCIS needs to re-think the H1B programme because there are lot of people who do not want to become citizens but just remain legal residents without a time limit. So long as we are able to stay employed and contributing tax dollars why try to kick us out.





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  • pthoko
    07-11 07:25 AM
    bump



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  • bugmenot
    09-27 07:05 PM
    The immigration issue is controlled by the members of the senate and house, the president has little control over it, Bush has been pro immigration but that wasn't enough for him to get what he wanted, he couldn't even increase the h1b's that he kept publicly talking about.

    I doubt a democratic president would do any better.





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  • Macaca
    12-27 06:27 PM
    A Who's Who of Indian sleaze
    Leaks of tapped phone conversations reveal how corruption propels India's booming economy (http://www.guardian.co.uk/commentisfree/2010/dec/26/india-sleaze-corruption-economy)
    By Praful Bidwai | The Guardian

    The leak of hundreds of nearly 6,000 tapped telephone conversations between corporate lobbyist and British citizen Niira Radia and many of India's politicians, businessmen, bureaucrats and journalists has shocked the country. The tapes reveal the lobbying to assign the telecommunications portfolio to the politician A Raja, who sold mobile telephone licences at throwaway prices to favour particular companies, at an estimated loss of $12bn to $38bn to the exchequer � the highest-ever figure for an Indian corruption scandal.

    Even more important, though, are the corporate lobbyists' attempts to influence government policies in a host of areas; to rig cabinet appointments; and to plant stories with high-profile journalists in which support for parochial business interests would be dressed up as "the national interest".

    The tapes' dramatis personae read like a Who's Who of India, but despite the personalities involved attention is now turning to the larger story � the influence of business over politics, and lobbyists' intrusion into policy-making on scarce natural resources, licensing of industries, and "regulatory capture". Suddenly, the inner workings of government, the compromised roles of high officials and the limitless venality of businessmen stand exposed to the harsh light of public scrutiny.

    The Radia tapes are the tip of the iceberg. They shock because they provide the clinching evidence for a few of the many recent scandals, including the astronomical corruption in contracts for the Commonwealth Games; mining and metallurgical projects that blatantly violate environmental regulations; corporate land grabs in the guise of export promotion zones; the razing of virgin tropical rainforest to make way for opulent housing; and the ripping up of mountain ranges to build dams.

    Scandals and corruption are not new to India. Businessmen have long milked the exchequer through tax breaks, rigged licensing procedures and fraud. What is new is the neoliberal policy context, the quality and intimacy of business-politician-bureaucrat collusion bordering on a corporate takeover of government, and the growing plunder of public money. The thinktank Global Financial Integrity estimates that rich Indians have spirited abroad the equivalent of half of India's GDP over six decades. Illicit flows have greatly increased since the economy was liberalised in 1991. The notorious (often exaggerated) excesses of the "licence-permit raj" of the 1960s and 1970s pale beside the new crony-capitalism.

    Sleaze is integral to India's growth, and one of its main drivers. The growth is skewed. Agriculture has stagnated, per capita food consumption has fallen, 200,000 indebted farmers have committed suicide. Industry has grown sluggishly and only forms about one-fourth of GDP. But services have boomed. The highest growth sectors are property, construction, telecoms and road transport � not IT. Capital accumulates through the privatisation of natural resources and dispossession of whole communities. In all these sectors, and in mining and metallurgical production, what counts is privileged access to natural resources and the national commons, most critically land, which is at the core of the government's discretionary powers.

    "Liberalisation" has recast discretionary powers and allowed a new business-politics relationship to develop. Behind each of India's new billionaires is political patronage. Here lies the underbelly of India's growth: using crony-capitalist influence to corner mining leases, property development rights, construction permits and airwaves. It is not the free market, but manipulation and distortion, that propels growth.

    One part of the seamy side of India's growth is well-known: persistent poverty, social bondage and economic servitude. The Radia tapes highlight another: sleaze and collusive business-politics relations that mock transparency, accountability, democratic policy-making and the public interest.



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  • delax
    07-14 03:28 PM
    I hope not. We dont seem to be open to another point of view. All of a sudden when the shoe is now on the other foot there is a lot of heart burn. Look up the March 2008 visa bulletin.

    EB2 ROW was Current
    EB3 ROW was Jan 1, 2005
    and EB2-India was a big U

    Effectively EB3ROW got preference over EB2-I which was a mistake to negate the category preference. This has been corrected now and I welcome the change.
    Where was all this heart burn at that time. 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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  • jungalee43
    09-28 12:39 PM
    I am not US citizen and who becomes president or who the American people vote for is none of my business.
    But I can't resist writing here because it is going to affect my life in a great way.
    Sen. Obama's appeal of change is definitely attractive. But would he walk the talk?
    He mentioned American values in the debate. All of us i.e. the EB immigrants came here on the invitation of American Employers to help American corporations and economy. I came here little over 8 years ago, not only on the invitation but on the insistence of the American employers. I paid taxes from day 1 and followed every law in letter and spirit.
    My then colleagues, who were not invited, stayed back in India and have become Vice Presidents and Presidents of the companies. And they earn equal or more than what I earn here and have exactly same or better life style as I do, including the cars that I drive here. But I am stuck with the same job description and title that was assigned to me 8 years ago and all my retirement money in now with US government and none in India.
    Then I've realized that once the EB immigrants, invited by the American employers, enter the GC loop, they are chosen by US immigration system to discriminate on the basis of their country of birth. People born in Timbuktu clear all the three stages of green card in 5 to 15 months. But for people born in India, this journey is simply put, 'endless'. I am myself in the last stage of green card for last five years for the only reason that I was born in India.
    If Sen. Obama is really going to bring change, he’ll have to answer these core issues in the immigration system. What is broken is the respect for US values that he talked about. There is discrimination built in the system. There is no fairness, no equality and most of all no justice.
    And if his fellow Sen. Durbin calls the shots in next senate then it is all over for us and may be for American employers also. If I am asked to write 100 reasons why CIR2007 failed, I would write Durbin-Grassley provisions on EB immigration from no.1 through 50. That would be followed by the disastrous points based system from position 51 through 75. (My former boss, a great maintenance manager in a huge company in India migrated to Australia under points based system. The last I heard of him was that he was a taxi driver at Sidney airport.)
    If a scenario happens where Sen. Durbin calls shots in senate, Sen. Obama would be turning back on his promise of change. To bring change he may have to take the current senate democratic leadership head on. His best chances are with Republican Senate and Democratic House.
    I am really really worried but still I wish all the very best to Sen. Obama.



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  • Marphad
    03-26 04:44 PM
    Legal base employment candidates never had any representation as far as I know of until Immigration voice was formed. The other groups had some organized activity.

    From some of the postings I have seen from IV Core; I believe they know what they are doing. They seem to be getting right advice of when to go on offensive and when to be defensive.

    It is difficult for candidates/people who only have five to six years of history in this country to know how the system works here; ie., what arguments work and what arguments don't and what other side will do in ruining your credibility if they are pushed.

    Everyone wants their greencard and they try to find reasons which they think others will appreciate (whether they have much merit or not).

    Completely agreed.





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  • Munna Bhai
    08-03 06:10 AM
    ok now i'm really confused between AC21 and future employment debate....
    AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx

    Hi United Nation,

    If AC21 is so difficult to use what about EAD?? Is all these apply to EAD too??

    -M



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  • mariner5555
    04-14 03:09 PM
    You will never learn. Anyways, if you read my earlier posts you would know that I have said that people who most people who live in apartments would be having valid reasons. I have also said that if I were in CA. I would be living in an apartment too. I am never against renting or living in an apartment, but I am against renting when it makes perfect sense to buy and when the time is right (which of course is NOT NOW).

    My counter arguments are for people who were scaring people into not buying a house when things are conducive for them. Note, when I say conducive it means all things considered as in the time is right, they have a good job, have found a very good deal in a location having a very good school and they have found something which has an extra room when their elderly parents visit them.
    I can say the same about you. let me clarify too ..and let me stop this since I (and I guess you) have better things to do
    my arguments were for people who are being pressurised to buy as if in 3 months prices will go sky high. or for those who are saying that owning a (big)house = better life ..(both are incorrect from a different angle ..so look for your own angle ..for eg you need space ..(u get space but maintenance is more).
    if you have atleast a GC, good savings / or super pay, find a good deal (good location with less commute time) and you need the space ..then buy a house.
    there is an excess of supply and v.low demand (compared to past) ..so if you can wait for some time to get a correct place then wait (and maybe keep looking / doing research etc) ..the worst thing you can do on a EAD (and in uncertain times) is rush and buy just because somebody told you to do that. the bottom line is ..this was a massive massive bubble ..something that has never occured on this scale ..and housing will be down for a long long time ..so it makes sense to wait for a GC atleast.





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  • spicy_guy
    07-29 04:20 PM
    I am no supporter of either party. To be fair, the economy could have collapsed without him and most of us could have been back home by now.

    Rightly said. He has had bigger problems to deal with than LEGAL immigration. Even if he wants to think about immigration, its going to be much / all about ILLigal immigrants.

    Because thats what Americans want to fix first.



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  • pete
    04-09 12:05 PM
    The solution is the streamline the process before h1B. If they can do perm in weeks( I got mine done in 90 days but the recruitment took 1 year!) why cant they do LCA soon. Its a logistics issue. There are less applicants things will hurry.

    I am in agreement with your views. They need H1B regulation. If the axe has to fall I can tell you it will be on "consultants". I hate to think I will need to go down with them. Since I came here more than half a decade back me and my spouse took 12 exams in all ( USMLEs, GRE, TOEFL) and we did research, got PhD and finally are doing residency. We loans on us amounting to thousands. All this time all these consultants were doing well. Now I am expected to take a fall for them. I think its unfair..


    QUOTE=paskal]i'm not opposing reform. in fact i strongly feel that without reform this mess cannot be resolved. just like you do. but creating a new mess with LCA's that can't be handled in time? is that the answer? what about if you already have an LC approved? sound like you still need to duplicate the entire process for H1b renewal...does that make sense to you?
    or do you just want to support something, anything that might relieve the numbers?[/QUOTE]





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  • ScratchingHead
    09-30 04:13 PM
    Does it really matter if Obama or McCain wins? I guess not. The government office still function the same way. I don't give a hoot who wins, as long as they improve the economy and create jobs.



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  • ilikekilo
    03-26 07:05 PM
    As far as I know, yes it is...I remember doing H1 myself few years ago and the LCA form has prevailing wage rate section. As we know, the wage rates differ from place to place and so since H1 is based on prevailing wage rate on LCA, then H1 is also location specific. Even though LCA form has been changed since then, I think it still holds true...

    I am sure that per law or whatever when you filed for a h1b for a location A and the petitioner moves to a location B, then I believe you have to file an amendment for ur h1b to that new location...the question is Iam not sure how many people care to do that





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  • NKR
    08-06 04:15 PM
    That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)

    If you go strictly by that, then allocating unused EB1 visa numbers to EB2 is also wrong. EB1 visas are meant for an entirely different skill set and job.

    EB2 guys and EB3 guys are at a disadvantage depending on which way you look at it. I guess capturing previous years� unused visa numbers is the only way to go then�





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  • desi3933
    08-05 10:22 AM
    If you find enough people and have solid plan in place, I am willing to pay anywhere between $500 to $1000 towards the lawyer's fees....

    Just self-interest and what works for them.

    Factions and Groups
    eb2 vs eb3
    Porting vs Non-Porting

    some recent ones
    eb2 NSC vs eb2 TSC
    eb2 PD 2006 vs eb2 PD 2004 (as many 2006 PD are getting 485 approvals)

    No wonder many people, after getting GC, do not visit this forum and support any immigration reforms.

    --------------------------
    Whatever we treasure for ourselves separates us from others; our possessions are our limitations.
    -- Rabindranath Tagore (http://en.wikipedia.org/wiki/Rabindranath_Tagore) (Indian Poet and Nobel Prize winner for Literature in 1913)


    ____________________________
    US Permanent Resident since 2002
    ** supports not counting dependents for EB Green cards **





    Marphad
    01-08 02:28 PM
    All the religeous books were written based on contemporary circumstances. I have a friend named Mansuri, mentioned to me once why muslims don't eat turtles:

    "Few animals with hard shell were not hygenic or dangerous like crocodile. It was difficult to explain each animal separately to common people. So Mohammad advised that animals with hard shell should not be eaten. "

    Another one told by my friend Maqsood:

    "There were lots of cabella wars going on at the time of Mohammad. The prophet allowed to have more than one wives so that those ladies don't go on wrong route like prostitution. "


    Above examples seem acceptable over that time. At today they are not relevant anymore. Some people still want to follow the same words spoken 1300 years before literally without applying a slightest brain. They are abused and misguided by some selfish Mullahs who have their own agenda in life.

    Rather than abusing entire community, need to educate "spoiled kids" how they are misguided in current time. Unfortunately percentage of "spoiled kids" are very high as I mentioned in one of posts before.





    jgh_res
    06-20 09:39 AM
    I went from 3 green's to 6 red's. I am not sure what I did to deserve this. I just expressed my opinion and provided facts on which I based my opinion.

    How do I know who gave me the red's?

    It's just not all media hype. I live in fairfax county and in the last 3 months any house that was listed at market price got sold. I have 3 friends that bought houses in the last few months.

    In Arlington County, the median sale price was up 11 percent to $469,000 and 239 homes were sold � up nearly 5 percent from the same month a year ago.

    http://www.bizjournals.com/washington/stories/2009/06/08/daily55.html

    I am not saying that this is the right time to buy or anything like that. All I am saying is "Its just not media hype".



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