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  • rockstart
    07-15 08:01 AM
    There are two things you can do wait for the system to change to the way you want or else change yourself the way system wants. I am not saying what is right or wrong here it is just what I would have done.

    you know what it takes to do that. Just think, if you were in eb3 and had applied in 2001 and now suggested to start all over again. It is very easy to say go change your category.

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  • cinqsit
    03-24 07:46 PM
    Isn't the employee-employer relationship between employee and the consulting company ?
    Why should USCIS get into the details of how the companies conduct their business ( like asking for client letters etc ) ?
    Is USCIS supposed to do this?

    USCIS probably does that to identify whether the job offer is bonafide. Especially with the rampant misuse of the system I am guessing thats how they make sure that all these problems like benching without pay, layering, working on lower salary and higher per diems are weeded out

    Painful as it may sound -- to say the least it is in our(employee's) long term interest. Though it appears as though its a measure designed to be against the spirit of at will employee-employer relationship I think its going to cleanse the system and make it more viable for everyone -- clients, employers and employees

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  • gomirage
    06-07 01:05 PM
    I don't know where you can find 5% interest p.a. investment today but for the sake of argument that I found one, I think I can't get the $60k at the end of 10th yr.

    The are plenty of no load mutual funds returning consistently above 5% annually return. If you want a zero risk investment you can get at least 3% (sometimes more than 5%) with ING direct, HSBC direct, and many more direct saving accounts. Last year HSBC offered 6% to compete with ING's 5%, while on the other side house prices were nose diving.

    So my point is even at 3%, zero risk it's a good deal compared with gambling on a house that may never come back to original purchase price, in our life time.

    Remember, this is not a one time event. This crisis has changed the world for ever. There will never ever be banks giving loans for more than 3 or 4 times income. So for prices to come back again, you are really banking on disposal income levels going up, which is not a safe bet, with the Indias and Chinas of the world proving very competitive offshore services.

    This whole chaos was created in the first place by inflating the economy to find a solution to the dot com bust.

    Again, we are not recommending against buying a house, which everyone should do at a point in our lives, but it's unsafe to bank on it, as a sound investment.

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  • qasleuth
    03-31 09:58 PM
    I was quoting you to make a point, did not mean to put words in your mouth. Apologies.

    I totally agree about the transperancy part and the affect measuring people has on productivity. My receipt date is 07/30/07 and notice date is 09/06/2007, there were cases filed after mine on which RFEs were issued. Does it mean they have preadjudicated/looked at my case ? I can only wish as it is pretty hard to believe that it was looked at.

    Didn't say anything about "systematic" at all - I think we all know better than to use "systematic" and "USCIS" in the same sentence!:D However, they definitely seem to be making some progress on adjudications even if none the country caps limit green cards issual. Aamazing how you can change behaviour when you set a goal and start to measure people on it - looking at the bits and pieces of info being released by USCIS, you can see something is changing and I would suspect a lot has to do with the new leadership in government, that has a mandate for greater transparency (unlike their predecessors). Given the lack of visibility to Case Officers of cases with old PD's (they track by RDs and not PDs), I cannot but believe this will be good for getting some structure into the system.


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  • gcgonewild
    07-28 03:28 PM
    Yeah Right,

    If I'm the PM, I would be ignoring them for years to come.. May be If I ignore 'em, I would say it. Not keep doing lip service for 2 years. Not be held hostage by CHC.

    Frankly he has a lot more serious problems to worry about than our issues. from the backlog, we are around 0.25 million and you have 300 million people in this country and 10% of them unemployed. So yeah, blame him all you want but any sane politician in his position would do the same.

    Let's consider this for example. Imagine you were in India and you had a few 100,000 decently skilled immigrants from some other country, who were waiting for their green card. Now you are the PM and you have to choose your focus between fighting terrorism, fighting inflation, high budget deficits with healthcare costs, high unemployment rate or giving green cards to these 100,000 people. I would think there would be a lot of pissed off countrymen in India who would scream at you when you are ignoring real issues and focussing instead on giving green cards to foreigners especially when you already have a sky high unemployment rate. Wouldn't be a great political strategy, would it? But maybe you would still do it, perhaps if you have a vested interest in getting it done.

    Still, next year you can bet that he'll do something on immigration since the states have started legislating on their own now and they can't afford this to continue.

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  • eb2_mumbai
    07-14 11:22 AM
    If that letter is modifed to present Eb3 case in factually correct way I am sure every one will support it. In its original form it is misleading. Comparing to Eb2 is an unacceptable way ( to justify Eb3). This is causing this carnage on the forum. I will request you to post your template.

    I did not mention anything like that. Just a request to allocate some Visa Numbers to EB-3 (India), which is retrogressed in 2001 since many years. I modified that format letter.


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  • bhatt
    06-05 09:41 PM
    Does anyone know that the closing has to be before November 30th in order to get this 8K tax benefit?

    My advice don't buy just for the 8k tax benefit. The reatlors main weapon is this 8k tax credit now. In NJ/NY it is less than the property tax u r paying for one year. In other places with less house prices it may be good.

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  • gcgreen
    08-06 02:22 PM
    Relief in the form of no caps or country quotas. Earlier priority dates is kind of arbitrary IMHO.

    This is a better proposition, asking for more relief to Masters or PHD guys makes more sense than asking USCIS to stop porting/interfiling and denying EB3 guys a chance to get faster GC after they have waited for many many years.


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  • mrajatish
    07-08 11:01 AM
    The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.

    However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.

    I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.

    Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.

    To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.

    Particularly worried about what you just mentioned about USCIS using other means to deny application - this seems to go against the principle of 245(K) which was to allow folks to get GC irrespective of a violation in the past. If the intent is to not let folks use 245(K), why even publish such a law? MOre importantly, for folks who have been staying and working in a country for many years (read > 5 yrs), it is possible that they might have some glitches and 245(K) was there to cover that (I am not saying every one has gone through this but a lot of people in 2000/01/02 went through this).

    What are the grounds for I-485 denial if my I-140 is approved?

    The followings are the grounds for an I-485 denial.
    a. Some crimes committed by the applicant.
    b. The applicant is out of status or illegally worked for over 180 days.
    c. If the I-140 is employer-sponsored, the applicant changes job before I-485 has been pending for 180 days.
    d. The applicant drastically changes occupation or job field.
    e. The applicant travels abroad without Advance Parole (H/L visa or status is excepted).
    f. The applicant’s failure to RFE or fingerprint.

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  • unitednations
    03-25 01:11 PM
    UN I think you are hyping up the current situation too much.

    Yes there are raids and arrests,

    But it is not so bad. You are saying as if everyone in consulting is getting denied. If it was so bad, all immigration forums would have been filled up with denial posts and cries for help. Maybe you have encountered people who only faced denials and not the entire spectrum. Thus your judgement may be influenced.

    I'm not one of those alarmists because many "people can't sleep" when they have immigration issues.

    Howeve; I very rarely give very specific examples, or post the RFE;s, denials because USCIS/DOL do go around and peruse the internet looking for information.

    Within IV there is a number of postings of h-1b denials.

    You will see plenty more. If a company responds to the rfe with a middle man purchase order; denial will come quickly; if purchase order is in different location of LCA (LCA has to be certified covering the work location prior to filing of h-1b) then verry quick denial.

    However; in most other cases it is taking vermont service center long tim to send rfe and then long time to deny after response to rfe.

    Check out greg siskind blog; where he reported another lawyer got internal memo of how to scrutiinize h-1b's for staffing compoanies; check matthew oh blog from last year when he reported massive rfe's coming fom vermont service center.

    I don't take things lightly. I'm pretty plugged in as to what is going on. I started discussing this last year and told peopl with extensions that they better file it early just to preserve more options if something should go wrong.

    check around with your companies, friends, etc.


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  • soni7007
    08-06 10:04 AM
    Personally I think "Obviously" response was derogatory and not funny at all.

    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

    Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

    Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.

    Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
    EB3 means there are a lot like u, so u gotta wait more. Period.

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  • sw33t
    12-28 05:12 AM
    Do you realize the extent of loss after Mumbai attacks?
    The initial rough-and-ready calculations estimate that the business loss on those two days is close to $10 billion and the foreign exchange hit is approximately $20 billion.
    A bomb scare in any software park in India (just a scare - no loss of life and property) will generate enough fear factor to shut it down for several weeks! How much loss do you think it entails?

    So your justification on spending billions more on what was lost is the right thing???

    And what about the loss of civilian lives? The lives of soldiers dying in shelling across India-Pak borders? The loss of morale of Mumbaities!! The feeling of insecurity when you hop on to the daily commuter train? Who will account for all of that?

    Going to war to retaliate might give the impression of satisfaction, but the insecurity caused by trauma is still going to live on forever.

    Of course, wars are costly! It doesn't mean you should not go on war, it doesn't mean you should zero out your defence budgets, or does it?


    Do you drive your car without an insurance?

    Exactly. The state, the county, the city and the insurance company make money off of your will to comply! Thousands more will die off of your desire to go to war whereas the arms dealers make money.


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  • sanju
    12-19 10:18 PM
    Looks like time to shutdown IV site..

    I suggested long time back .. do not allow anyone to start the threads ..

    Only allow users who are active contributors to IV budget.

    Now this site is becoming like yahoo chats ...

    God help Immigration community ...

    EB3 is not moving ...EB2 dead stop ...


    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.

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  • bharol
    01-06 11:33 PM
    I don't know of any religion which touts killing on innocent people just because they don't believe in your ideology which for me is the biggest crime against humanity.

    I know.


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  • kaisersose
    04-14 12:00 PM
    No body can predict how much it is going down exactly. But you can predict it is going down considerably.
    My point is that the house price is out of whack with income. I don't see the logic in why it would not go down. The whole mess is started because people started looking at houses as investment. Buying now and seeing the housing value drop won't be fun.
    Whether you sell your house or not, it matters when you buy. You don't buy at the top of the bubble.

    It is not going down everywhere...I am in a location where people are buying houses like mad and the prices are actually better than last year.

    And yet, some people in my location are thinking about nothing but resale. They are not able to see a home as anything other than an investment and I am referring to such people in my earlier post.

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  • crystal
    08-03 06:09 PM
    Search the threads there is a link , if you entered to US in less than a year before filing I-485 they wil send a copy of G-325a to Consulate. If they dont get response in 6 months they move forward, they dont wait for the response. this does not cause backlog as far as i know. They keep consulate visa interview forms for an year , thats what i read in the link

    Ok . here is the link It is 60 days ( not 6 months which i said above)

    Do you really think they would send the G-325a to the consulate? Do the consulates keep all the records? For how long? I heard from immigrationportal, somebody said they only send G-325a to the consulate if one applied a visa within one year prior to AOS application. Can anyone confirm this?

    If they send everyone's G-325a form to the consulates, would that result in another backlog? Thanks.


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  • Macaca
    12-27 06:50 PM
    A crucial connection ( By Michael Kugelman | Times of India

    With India's soaring growth and rising global clout hogging media headlines, it is easy to forget the nation is beset by security challenges. Naxalite insurgency rages across more than two-thirds of India's states, while long-simmering tensions in J&K exploded once again this summer. Meanwhile, two years post-Mumbai, Pakistan remains unwilling or unable to dismantle the anti-India militant groups on its soil. Finally, China's military rise continues unabated. As Beijing increases its activities across the Himalayan and Indian Ocean regions, fears about Chinese encirclement are rife.

    It is even easier to forget that these challenges are intertwined with natural resource issues. Policy makers in New Delhi often fail to make this connection, at their own peril. Twenty-five per cent of Indians lack access to clean drinking water; about 40 per cent have no electricity. These constraints intensify security problems.

    India's immense energy needs - household and commercial - have deepened its dependence on coal, its most heavily consumed energy source. But India's main coal reserves are located in Naxalite bastions. With energy security at stake, New Delhi has a powerful incentive to flush out insurgents. It has done so with heavy-handed shows of force that often trigger civilian casualties. Additionally, intensive coal mining has displaced locals and created toxic living conditions for those who remain. All these outcomes boost support for the insurgency.

    Meanwhile, the fruits of this heavy resource extraction elude local communities, fuelling grievances that Naxalites exploit. A similar dynamic plays out in J&K, where electricity-deficient residents decry the paltry proportion of power they receive from central government-owned hydroelectric companies. In both cases, resource inequities are a spark for violent anti-government fervour.

    Resource constraints also inflame India's tensions with Pakistan and China. As economic growth and energy demand have accelerated, India has increased its construction of hydropower projects on the western rivers of the Indus Basin - waters that, while allocated to Pakistan by the Indus Waters Treaty, may be harnessed by India for run-of-the-river hydro facilities. Pakistani militants, however, do not make such distinctions. Lashkar-e-Taiba repeatedly lashes out at India's alleged "water theft". Lashkar, capitalising on Pakistan's acute water crisis (it has Asia's lowest per capita water availability), may well use water as a pretext for future attacks on India.

    Oil and natural gas are resource catalysts for conflict with China. Due to insufficient energy supplies at home, India is launching aggressive efforts to secure hydrocarbons abroad. This race brings New Delhi into fierce competition with Beijing, whose growing presence in the Indian Ocean region is driven in large part by its own search for natural resources.

    India's inability to prevent Chinese energy deals with Myanmar (and its worries about similar future arrangements in Sri Lanka) feeds fears about Chinese encirclement, but also emboldens India to take its energy hunt further afield. Strategists now cite the protection of faraway future energy holdings as a core motivation for naval modernisation plans; India's energy investments already extend from the Middle East and Africa to Latin America. Such reach exposes India to new vulnerabilities, underscoring the imperative of enhanced sea-based energy transit protection capabilities.

    While sea-related China-India tensions revolve around energy, land-based discord is tied to water. South Asia holds less than 5 per cent of annual global renewable water resources, but China-India border tensions centre around the region's rare water-rich areas, particularly Arunachal Pradesh. Additionally, Chinese dam-building on Tibetan Plateau rivers - including the mighty Brahmaputra - alarms lower-riparian India. With many Chinese agricultural areas water-scarce, and India supporting nearly 20 per cent of the world's population with only 4 per cent of its water, neither nation takes such disputes lightly.

    India's resource constraints, impelled by population growth and climate change, will likely worsen in the years ahead. Recent estimates envision water deficits of 50 per cent by 2030 and outright scarcity by 2050, if not earlier. Meanwhile, India is expected to become the world's third-largest energy consumer by 2030, when the country could import 50 per cent of its natural gas and a staggering 90 per cent of its oil. If such projections prove accurate, the impact on national security could be devastating.

    So what can be done? First, New Delhi must integrate natural resource considerations into security policy and planning. India's navy, with its goal of developing a blue-water force to safeguard energy resources overseas, has planted an initial seed. Yet much more must be done, and progress can be made only when policy makers better understand the destabilising effects of resource constraints. Second, India should acknowledge its poor resource governance, and craft demand-side, conservation-based policies that better manage precious - but not scarce - resources. This means improved maintenance of water infrastructure (40 per cent of water in most Indian cities is lost to pipeline leaks), more equitable resource allocations, and stronger incentives for implementing water- and energy-efficient technologies (like drip irrigation) and policies (like rainwater harvesting).

    Such steps will not make India's security challenges disappear, but they will make the security situation less perilous. And they will move the country closer to the day when resource efficiency and equity join military modernisation and counterinsurgency as India's security watchwords.

    The writer is programme asso-ciate for South Asia at the Woodrow Wilson International Centre for Scholars in Washington, DC

    What They Said: Rooting for Binayak Sen ( By Krishna Pokharel | IndiaRealTime
    Indian government criticised for human rights activist's life sentence ( By Jason Burke | The Guardian

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  • unitednations
    07-10 03:21 PM
    UN, I am impressed by your knowledge of immigration laws. Can you point me in right direction as to where I find information regarding the current immigration laws and their interpretations.

    I'll tell you how I did it:

    1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV

    2) USCIS memos/interpretations/policies (can also be found on uscis)

    3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations

    4) monitor the forums and see postings

    5) immigration portal used to have links or summaries to AILA liaision minutes with service centers

    6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases

    7) go to and look for foreign labor certification; there are FAQ's on perm labors and h-1b

    8) go to and read the INA and CFR's


    If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.

    All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.

    I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.

    Finally; don't do what you think is right or "gut feeling"...

    Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.

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  • gcgreen
    08-06 12:59 PM
    Same as you, I saw your post and couldn't help responding :-)

    For what its worth, I too have a PhD, and one would generally agree my academic credentials are impeccable, etc. etc. (Honest, I am not tooting my own horn)

    But I think Rolling Flood is wrong. Way off base. The reason is simple. Work experience COUNTS. You are a fresh Ph.D. graduate, but believe me even you will feel the difference 5 years down the line (3 years in your case :-). If a person gains experience, the USCIS believes that allows a person to be eligible for a job that falls under EB2 classification.

    Now as a very separate and distinct matter, the law says if a person already has a prior approved I140, then that priority date rules. That is the law.

    Now the logical conclusion of the two separate concepts above is that if a person is the beneficiary for an EB2 job, which by dint of experience, he/she simply is per USCIS and most companies (which is why people get promoted to senior/management positions :-), then that person is allowed by law to port their priority date.

    What RollingFlood and the other so-called (RollingFlood: I am not calling you one, but others have called you something similar ;-) smarter-than-thous are making a mistake on is to conflate two separate issues and making a ego-oriented mess in the process. Make no mistake, RollingFlood is very clear in delineating the skill of a person from the job requirements, which many of the EB3 IVians appear to have missed. But nonetheless, his logic is a bit mixed up on the law. It is incontrovertible (assuming that we have correct citations) that the language of the law is saying that an earlier priority date rules. The only issue is whether 5 years or more of experience required for a job makes that job worthy of an EB2 classification. RollingFlood has not explained why a job that requires 5 years or more experience in addition to a B.S. does not make it eligible for EB2. Without that he is likely going to waste a lot of money on lawyers.

    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

    Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

    Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.

    Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
    EB3 means there are a lot like u, so u gotta wait more. Period.

    04-15 04:02 PM
    Are people seriously arguing that a child will not be happier in a bigger home, everything else remaining constant? Seriously, is someone actually arguing this?

    And money can't buy happiness? Really? Are you saying everything else remaining constant if I gave you money it would make you sad? Seriously? Who is this person who would be sadder if I gave him money? I would like to meet him.

    You people need to stop reminiscing about your childhood days and how happy your childhood was even though you had no money. I have a feeling that your child doesn't really care. Sure, give your child lots of love, but for Christ's sake, if you can afford it, don't make him / her spend his / her childhood in a small cramped apartment just because you had to.

    You are confused. Money alone cannot buy happiness. People with less money are all not sad. There is a difference between what people are saying in this forum and what you are implying that they said.
    Your child will be happy in rented house too. There are advantages with renting. There are various factors other than space alone. This does not imply that your child will be sad in a bigger house. As I said you are getting too confused.

    06-23 10:28 PM
    Lot of folks talk about tax credit of 8000 in several threads, But, understand that a lot of us in this forum may not even get a dime in credit. There are income limits. Married and income above 170000 will get nothing.. nada. If the income is 165000, you will receive a mere 2000 and so on. Married with less than 150000 will receive 8000. For a single, the limit is 75K.

    If both husband and wife works in tech sector.. income will easily cross the limits and you will be considered too rich to buy a home and get credit... May be car credit might work for us as limits are higher... it only applies to sales tax charged on the first $49,500 of your purchase The income limit is high enough that nearly everyone will qualify. The credit starts to phase out at $125,000 for individuals and $250,000 for couples. Once you reach $135,000 and $260,000, respectively, you no longer qualify for car credit.

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