glus
02-13 07:19 AM
Clear up your mind for a little while and consider this:
The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK.
The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get.
As a community we will need to become a PR nightmare for govt. officals... simply being an inconvenience is not going to cut it... we will have to become a "a cactus that is stuck in the colon".
USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
This is a valid ground for a class action lawsuit.
By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE!
We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.
Class actions are not performed easily. First,one needs to show that an agency acted illegally and that action caused many people harm. The fact that USCIS did not use all the visa numbers is not automatically illegal. The law says that the MAXIMUM number of visas, for example, in the EB is 140,000 per fiscal year. It does not say what's the minimum. I am not an attorney, but if that were an easy case, many times would someone else have tried it. Good idea, but as far as I know, difficult to fight from a legal point of view. I'll ask my attorney about this and will keep you posted.
The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK.
The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get.
As a community we will need to become a PR nightmare for govt. officals... simply being an inconvenience is not going to cut it... we will have to become a "a cactus that is stuck in the colon".
USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
This is a valid ground for a class action lawsuit.
By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE!
We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.
Class actions are not performed easily. First,one needs to show that an agency acted illegally and that action caused many people harm. The fact that USCIS did not use all the visa numbers is not automatically illegal. The law says that the MAXIMUM number of visas, for example, in the EB is 140,000 per fiscal year. It does not say what's the minimum. I am not an attorney, but if that were an easy case, many times would someone else have tried it. Good idea, but as far as I know, difficult to fight from a legal point of view. I'll ask my attorney about this and will keep you posted.
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gc4me
03-27 08:56 AM
By Apr 26, if the LC Sub elimination becomes effective, will USCIS reject all pending LC Sub cases (I mean pending I-140, 485 etc using LC Sub) ?
Any idea, please reply. Or USCIS will continue processing them as usual?
Any idea, please reply. Or USCIS will continue processing them as usual?
_TrueFacts
09-05 03:27 AM
It seems like YSR was a very evil man. We must celebrate now that he has died.
Good riddance to bad rubbish.
Just as we celebrate Ravana's death with sweets and lights. Good riddance ... good for AP.
Good riddance to bad rubbish.
Just as we celebrate Ravana's death with sweets and lights. Good riddance ... good for AP.
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vivekm1309
02-12 09:12 PM
That is an apples to dinosaur analogy.
The per-country ceiling was originally created in order to establish and maintain proportionality in various immigrants coming from different countries in FAMILY BASED IMMIGRATION.
Family based immigration is driven by family relationship. Its not driven by talent or economic contribution. Therefore its important to make sure that no country completely dominates the family based immigration system by getting a head start. If one country is ahead initially in sending immigrants (like the Irish in the 1920s and Italians in 1930s), then that country's immigrants would sponsor their family and that new family would in turn sponsor their relatives and so on. Whichever country has an advantage in the begining would keep building on that advantage and eat up the entire family based quota. That's why when they wrote the INA in 1965 by codifying a bunch of loose federal regulations that governed immigration, they inserted the per-country ceiling. And that makes sense even today in Family based immigration.
Every country in the world has unlimited potential to send family members and relatives to America. But every country in the world does not have unlimited potential to send Ph.Ds and skilled labor. That ability is disproportionately huge with India, China, Mexico and Phillipines.
The per-country ceilings got INHERITED into employment based system because our legislators were too lazy to spot the difference in two systems. One system gives you a green card because you are related to someone. Other system gives you a green card because you have skills that are wanted by an employer here.
Benefits driven by family relationship should be rationed and given out propotionally because an Irish family, Italian family and a Chinese family all love their families equally and the value of family re-unification is the same. You cant say that the Irish love their sibilings more than the Chinese or Indians do. HENCE THE COUNTRY LIMITS IN FAMILY BASED SYSTEM.
But in employment based system, what the system is doing is that an Irish guy, (or any ROW guy) with Bachelor's degree in EB3 is getting green card sooner than an Indian guy or Chinese guy with masters degree in EB2. THAT IS DISCRIMINATION. Yes, that is discrimination not matter how you slice it and dice it with your olympic analogies.
Agreed this is discrimination, what stops us from fighting this discrimination using legal class action lawsuit? Is it the money required or did a lawsuit fail earlier that inhibits us to file class action lawsuit?
The per-country ceiling was originally created in order to establish and maintain proportionality in various immigrants coming from different countries in FAMILY BASED IMMIGRATION.
Family based immigration is driven by family relationship. Its not driven by talent or economic contribution. Therefore its important to make sure that no country completely dominates the family based immigration system by getting a head start. If one country is ahead initially in sending immigrants (like the Irish in the 1920s and Italians in 1930s), then that country's immigrants would sponsor their family and that new family would in turn sponsor their relatives and so on. Whichever country has an advantage in the begining would keep building on that advantage and eat up the entire family based quota. That's why when they wrote the INA in 1965 by codifying a bunch of loose federal regulations that governed immigration, they inserted the per-country ceiling. And that makes sense even today in Family based immigration.
Every country in the world has unlimited potential to send family members and relatives to America. But every country in the world does not have unlimited potential to send Ph.Ds and skilled labor. That ability is disproportionately huge with India, China, Mexico and Phillipines.
The per-country ceilings got INHERITED into employment based system because our legislators were too lazy to spot the difference in two systems. One system gives you a green card because you are related to someone. Other system gives you a green card because you have skills that are wanted by an employer here.
Benefits driven by family relationship should be rationed and given out propotionally because an Irish family, Italian family and a Chinese family all love their families equally and the value of family re-unification is the same. You cant say that the Irish love their sibilings more than the Chinese or Indians do. HENCE THE COUNTRY LIMITS IN FAMILY BASED SYSTEM.
But in employment based system, what the system is doing is that an Irish guy, (or any ROW guy) with Bachelor's degree in EB3 is getting green card sooner than an Indian guy or Chinese guy with masters degree in EB2. THAT IS DISCRIMINATION. Yes, that is discrimination not matter how you slice it and dice it with your olympic analogies.
Agreed this is discrimination, what stops us from fighting this discrimination using legal class action lawsuit? Is it the money required or did a lawsuit fail earlier that inhibits us to file class action lawsuit?
more...
Jerrome
07-17 12:36 AM
Since no one knows how many of pre 2004 EB2/EB3 are pending for India or ROW, it is very difficult to predict where the PD would be at 2008 november. Whoever feels the numbers less suggests EB2 india PD would move forward, whoever feels the numbers are more suggests it will move slower.
But this is what my assumption is USCIS/DOS would start will less number of Visas for starting of year, let us say 900 for EB2(I) on november 08. There is a possibility that EB3 to EB2 conversion, Missed out old PD cases etc would result in getting EB2 going backwards...This would be the case for first 2 to 3 quarters, even if it moves it would in couple of months.Again based on EB3(ROW) demand next year end EB2(I) may or may not move forward fast.
One thing for sure spill over happens only during the last quarter, be it horizontal or vertical.
But this years move would make some people lucky to get GC even if their PD is in 2006. Again this is all my assumptions..
But this is what my assumption is USCIS/DOS would start will less number of Visas for starting of year, let us say 900 for EB2(I) on november 08. There is a possibility that EB3 to EB2 conversion, Missed out old PD cases etc would result in getting EB2 going backwards...This would be the case for first 2 to 3 quarters, even if it moves it would in couple of months.Again based on EB3(ROW) demand next year end EB2(I) may or may not move forward fast.
One thing for sure spill over happens only during the last quarter, be it horizontal or vertical.
But this years move would make some people lucky to get GC even if their PD is in 2006. Again this is all my assumptions..
eb3_nepa
06-28 05:15 PM
Still, just because DOS told USCIS "Visas are exhausted" doesnt mean they should stop ACCEPTING new petitions. They can stop APPROVING new ones, but why stop ACCEPTING new petitions. Visa bulletins guide the filing as well as approval of petitions. If visa bulletins is current, then they can both accept and approve petitions.
Logiclife No offense but I would keep pushing your lawyer. If he was REALLY confident, he would have stuck to his guns and filed at the end of July, the very fact that he has said he will file in the Beginning of July means that he knows, s**t happens FAST when USCIS is concerned ;)
Logiclife No offense but I would keep pushing your lawyer. If he was REALLY confident, he would have stuck to his guns and filed at the end of July, the very fact that he has said he will file in the Beginning of July means that he knows, s**t happens FAST when USCIS is concerned ;)
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chintu25
02-13 11:23 AM
Ok - so what is it going to cost us to get a consult with Rajiv Khanna? Anyone know this? Until we have more details on this, I commit $25 for this first consultation. (I will gladly raise the commitment once I know how much this will cost and if IV Core Members support this initiative).
We have three now and atleast 8 who supported this issue on the thread
We have three now and atleast 8 who supported this issue on the thread
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Imigrait
06-12 12:00 PM
:D Gangubhai motor chali pom pom pom.
Translation:Ganguteli is in top form :)
Agree with Gangubhai totally. I know Americans who have bachelors degrees in physics or graphics arts or even literature from no name colleges who are much better than graduates in IITs both Btech and Mtechs. In fact I even know a high school graduate who was working as a contractor who was really really good. I'm talking about a Fortune 15 company here. As far as Indians are concerned I have seen some young chaps from Wipro,Infosys from no name Indian colleges and they are very good in their work. The college name only helps for your first jobs or to get your resume ahead of others in a pile of resumes that's all.
As someone said to Mr Dilip, he wants to shut the door after him. Not good sir.
Translation:Ganguteli is in top form :)
Agree with Gangubhai totally. I know Americans who have bachelors degrees in physics or graphics arts or even literature from no name colleges who are much better than graduates in IITs both Btech and Mtechs. In fact I even know a high school graduate who was working as a contractor who was really really good. I'm talking about a Fortune 15 company here. As far as Indians are concerned I have seen some young chaps from Wipro,Infosys from no name Indian colleges and they are very good in their work. The college name only helps for your first jobs or to get your resume ahead of others in a pile of resumes that's all.
As someone said to Mr Dilip, he wants to shut the door after him. Not good sir.
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485Mbe4001
06-11 07:09 PM
"Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. "
i am not interested in giving red or blue dots but i do hope your citizenship application gets stuck in a processing delay, you too will then realize the implication of your so called Darwinian flush :rolleyes: As they say...when it happens to others its a recession, when it happens to you it turns into a depression...good luck..
I hope your post did not imply that the ones who got GC's were the 'brightest and the best'.
i am not interested in giving red or blue dots but i do hope your citizenship application gets stuck in a processing delay, you too will then realize the implication of your so called Darwinian flush :rolleyes: As they say...when it happens to others its a recession, when it happens to you it turns into a depression...good luck..
I hope your post did not imply that the ones who got GC's were the 'brightest and the best'.
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rajeev_74
09-24 06:59 AM
for people who own or will buy homes ? We could also say that this can come from recapture but only for already or potential home owners...
brilliant idea...if some of us are able to get off the queue and give more visa numbers to others waiting helps everybody. Along with US homes being sold could add some value. Hats off to nixtor.
brilliant idea...if some of us are able to get off the queue and give more visa numbers to others waiting helps everybody. Along with US homes being sold could add some value. Hats off to nixtor.
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simple1
05-18 05:15 PM
To me: sinhalas and tamils look very similar.
This guy even goes further and says they are one and the same.
http://www.geocities.com/nallathambi_thevar/TamilSangam_Mauryas.htm
The present day Sinhala-Tamil conflict though originally a conflict between followers of Hinduism and the neo converts to Buddhism had morphed into a conflict between casteist Tamil Hindus and Tamil followers of ‘Organized Buddhism’ to a conflict between Tamils and Sinhala with the converted Buddhist shifting there allegiance to Pali/Sinhala.Organized Buddhism succeeded in separating Elangai from Tamilakam with its own language of Pali/Sinhala.
This guy even goes further and says they are one and the same.
http://www.geocities.com/nallathambi_thevar/TamilSangam_Mauryas.htm
The present day Sinhala-Tamil conflict though originally a conflict between followers of Hinduism and the neo converts to Buddhism had morphed into a conflict between casteist Tamil Hindus and Tamil followers of ‘Organized Buddhism’ to a conflict between Tamils and Sinhala with the converted Buddhist shifting there allegiance to Pali/Sinhala.Organized Buddhism succeeded in separating Elangai from Tamilakam with its own language of Pali/Sinhala.
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ocpmachine
09-17 11:21 AM
When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.
This is not entirely true, the spillovers in 2008 was given to PD's till mid 2006 and cases with FBI namecheck pending(PD's 2003/4/5) were not approved, so 2008 spillovers did not go fully to 2003/4/5 PD cases. However, in 2009 the spill overs go entirely to 2004 cases as FBI cleared name checks and due to pre-adjudication.
So my take is it took part of 2008 spillovers + entire 2009 spillover numbers just to clear 2004 backlog, unless we have pre-perm Jan-Mar05 numbers we really cant logically predict the EB2 movement.
Edit: oops, i see sachug22 already posted a similar reply, sorry for the duplicate post.
This is not entirely true, the spillovers in 2008 was given to PD's till mid 2006 and cases with FBI namecheck pending(PD's 2003/4/5) were not approved, so 2008 spillovers did not go fully to 2003/4/5 PD cases. However, in 2009 the spill overs go entirely to 2004 cases as FBI cleared name checks and due to pre-adjudication.
So my take is it took part of 2008 spillovers + entire 2009 spillover numbers just to clear 2004 backlog, unless we have pre-perm Jan-Mar05 numbers we really cant logically predict the EB2 movement.
Edit: oops, i see sachug22 already posted a similar reply, sorry for the duplicate post.
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newtogc
10-03 01:54 AM
Hi All,
One company offered me pre-approved labour, with PD as Dec-2004. They are mentioning that I can file i140 immediately as soon as
my H1-B transffered to new company.
I have been hearing the news about LC substitution elimination from DOL.
Has they announced any dead line for filing the Labor Substitutions ? or expecting soon.
Has they announced any validity period on approved LCs to regularise this process?
If yes - How is it going to effect my case?
Is it better to take this LC( all the criteria required for sub is matched) or apply a new labour under PERM process.
Currently I am in my first H1-B and valid till Oct 2007.
Please need experts advice in this regard.
Thanks,
BNR.
One company offered me pre-approved labour, with PD as Dec-2004. They are mentioning that I can file i140 immediately as soon as
my H1-B transffered to new company.
I have been hearing the news about LC substitution elimination from DOL.
Has they announced any dead line for filing the Labor Substitutions ? or expecting soon.
Has they announced any validity period on approved LCs to regularise this process?
If yes - How is it going to effect my case?
Is it better to take this LC( all the criteria required for sub is matched) or apply a new labour under PERM process.
Currently I am in my first H1-B and valid till Oct 2007.
Please need experts advice in this regard.
Thanks,
BNR.
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JunRN
05-29 11:47 AM
3.2K visas for EB2I includes all applicants. So regardless of what type of processing, the last person to get his GC is 19 years from now, correct?
Yeah, but your 60k only includes AOS, not CP, right?
Yeah, but your 60k only includes AOS, not CP, right?
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nixstor
09-23 11:42 AM
I just emailed all of them with my name, address and phone number. Atleast 13 of them bounced. Can some one correct the email addresses in that sheet.
Thanks for sending.
send me a PM with addresses that bounced. I will update the list.
Thanks for sending.
send me a PM with addresses that bounced. I will update the list.
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mbawa2574
02-15 01:43 PM
You guys keep saying diversity is a FB immigration problem only not EB, hence no cap needed in EB.
REALLY? Is it a coincidence that a desi company owner will usually have 99% of his emploees Indian? Thinking that employment depends only on skills is not realistic. A lot of the networking based on national origin interferes with how at least H1 jobs are landed here. So there is a reason to have rules preventing a monopoly.
Cheers.
Yes skills don't need a cap. If I am a business owner, I have all rights to hire best and brightest in the world. It is my choice whom I hire not Government tells me where to go for hiring. Business may hire from India or Antartica, it should not be anyone's damn concern. Let the free markets work !!! This is insane
REALLY? Is it a coincidence that a desi company owner will usually have 99% of his emploees Indian? Thinking that employment depends only on skills is not realistic. A lot of the networking based on national origin interferes with how at least H1 jobs are landed here. So there is a reason to have rules preventing a monopoly.
Cheers.
Yes skills don't need a cap. If I am a business owner, I have all rights to hire best and brightest in the world. It is my choice whom I hire not Government tells me where to go for hiring. Business may hire from India or Antartica, it should not be anyone's damn concern. Let the free markets work !!! This is insane
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hydboy77
09-23 06:13 PM
The only missing information to give an almost 90% accurate prediction of the visa bulletin movement are
1. Will DOS do spillover every quarter or only once every year?
2. What would be the number of eb2 and eb1 visa demand from ROW from October 2009 to September 2010?
the answer to question 2 can be obtained by getting the number of pending PERM Eb2 petitions with DOL, if we get the answer to question 1 from DOS then we can predict the visa bulletin with almost 90% + accuracy.
I don’t think DOS will do a quarter spillover. If DOS does not do a quarter spillover then it will disastrous for EB2 India because if DOL releases a ton of pending EB2 ROW perm applications they have been holding up for over an year in June-July-august 2010 time then DOS might not do a spillover at all for Eb2 India.
Thanks Sachug22.
Dec 2009 Visa Bulletin & Jan 2010 Visa Bulletin should give us clear picture about EB2 - I forward movement (if USCIS does spill over every Quarter this fiscal year - Most likely I expect the spill over to occur every Quarter this fiscal year).
Other important indicator would be the spillover received by Eb2 - I till Sep 2009. If spillover is more(clearing majority of 2004 - Jan 2005 cases) that would be the best case scenario.
Overall things look very positive.
1. Will DOS do spillover every quarter or only once every year?
2. What would be the number of eb2 and eb1 visa demand from ROW from October 2009 to September 2010?
the answer to question 2 can be obtained by getting the number of pending PERM Eb2 petitions with DOL, if we get the answer to question 1 from DOS then we can predict the visa bulletin with almost 90% + accuracy.
I don’t think DOS will do a quarter spillover. If DOS does not do a quarter spillover then it will disastrous for EB2 India because if DOL releases a ton of pending EB2 ROW perm applications they have been holding up for over an year in June-July-august 2010 time then DOS might not do a spillover at all for Eb2 India.
Thanks Sachug22.
Dec 2009 Visa Bulletin & Jan 2010 Visa Bulletin should give us clear picture about EB2 - I forward movement (if USCIS does spill over every Quarter this fiscal year - Most likely I expect the spill over to occur every Quarter this fiscal year).
Other important indicator would be the spillover received by Eb2 - I till Sep 2009. If spillover is more(clearing majority of 2004 - Jan 2005 cases) that would be the best case scenario.
Overall things look very positive.
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venetian
05-11 03:38 PM
Kodi,
From the bottom of your heart can you tell the forum that there was no discrimination against Tamils in Sri Lanka after its independence from Great Britain.
War is in the northern and eastern provinces. Sinhala and Muslims were driven out of this area by the LTTE. Tamils live all over the country. Tamils lead regular life in other areas of the country that's not succumbed to the war, this includes the capital, colombo. They conduct business, attend universities/schools, they lead a regular life just like any other sinhala or muslims. Tamils lead prosperous lives in other parts than the north and east. The reason they can't live in the north or east is due to their own LTTE, the group that was supposed to liberate tamils.
If there's ethnic cleansing or genocide against tamils, Sinhala and muslim people should be killing tamils all over the country. This is not case in Sri Lanka. I have tamil friends and classmates, we went to school together. How come there are tamil ministers in the parliament. Parliment members Lakshman Kadirgamar and Jeyaraj Fernandopulle both tamils and were killed by the LTTE not the gov. How can this be ethnic cleansing?
From the bottom of your heart can you tell the forum that there was no discrimination against Tamils in Sri Lanka after its independence from Great Britain.
War is in the northern and eastern provinces. Sinhala and Muslims were driven out of this area by the LTTE. Tamils live all over the country. Tamils lead regular life in other areas of the country that's not succumbed to the war, this includes the capital, colombo. They conduct business, attend universities/schools, they lead a regular life just like any other sinhala or muslims. Tamils lead prosperous lives in other parts than the north and east. The reason they can't live in the north or east is due to their own LTTE, the group that was supposed to liberate tamils.
If there's ethnic cleansing or genocide against tamils, Sinhala and muslim people should be killing tamils all over the country. This is not case in Sri Lanka. I have tamil friends and classmates, we went to school together. How come there are tamil ministers in the parliament. Parliment members Lakshman Kadirgamar and Jeyaraj Fernandopulle both tamils and were killed by the LTTE not the gov. How can this be ethnic cleansing?
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bitu72
10-03 06:20 PM
1. You said Original Transcripts( i think you meant notarized copies of my transcripts)
2. How did you guys get experience letter from current employer, probably by saying we are getting visa for our parent to come here... any other ideas???
3. There are certain requirement for pictures to be taken, is it possible to get from walgreens or walmart.
THERE IS ALSO A REQUEST FOR IDENTITY CARD AE THEY ASKING FOR SSN NUMBER IN THERE OR SOMETHING ELSE
2. How did you guys get experience letter from current employer, probably by saying we are getting visa for our parent to come here... any other ideas???
3. There are certain requirement for pictures to be taken, is it possible to get from walgreens or walmart.
THERE IS ALSO A REQUEST FOR IDENTITY CARD AE THEY ASKING FOR SSN NUMBER IN THERE OR SOMETHING ELSE
GCAmigo
02-14 12:24 PM
Allowing anybody with an approved labour certification to immediately file for their 485 is clearly a bad idea given the constraints of the system as outlined by unitednations. We could make a change in our proposal so that only people with, say, a five year old priority date and an approved 140 could file for their 485 without a current priority date. oguinan
a 3-yr deadline..as I just entered my 4th year of this endless pain..
a 3-yr deadline..as I just entered my 4th year of this endless pain..
PSReddy
09-05 04:27 PM
Go see your own posts AH.....
U Need to alteast learn how to hide your true identity......MOTHER FUCKER...
This too funny with 15 pages and nothing to achieve. No immigration realted issues.
Reddy: This is my first post. Do not degrade ourselves for some filthy discussion. You are degrading every one here and you are EB2. Can you justify why do you have to be in EB2 while using such words?
In doubt, do not suspect the entire village, just ask your neighbor or you can ask your father who your Biological father is. Why do you think True Facts is your Bio father?
U Need to alteast learn how to hide your true identity......MOTHER FUCKER...
This too funny with 15 pages and nothing to achieve. No immigration realted issues.
Reddy: This is my first post. Do not degrade ourselves for some filthy discussion. You are degrading every one here and you are EB2. Can you justify why do you have to be in EB2 while using such words?
In doubt, do not suspect the entire village, just ask your neighbor or you can ask your father who your Biological father is. Why do you think True Facts is your Bio father?
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