pappu
07-03 10:24 AM
Dear IV members,
We are starting this Free service for all our members. IV members can ask Immigration questions to an immigration lawyer. the immigration lawyer will be regularly visiting this thread and our forums to answer questions. The aim of this feature is to allow our IV members access to information and for free. IV is not getting paid by this lawyer or is paying this lawyer. Our intent is to help our community as much as possible.
The immigration lawyer has kindly accepted to help our community for free without even demanding any publicity for the lawfirm. Thus we have decided to keep the identity of the lawfirm hidden for the time being.
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You can post on this thread all your immigration questions.
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The information provided on these forums as well as any transcripts posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during these forum post exchanges, . You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided in any post was pertinent at the time of the posting, but may become outdated. We are not responsible in any way for any outdated materials or any post from the attorney.The service is provided on IV by an IV member who is also a lawyer. It is not legal advice but only for information, and no attorney-client or confidential relationship should be formed by use of these forums. This is in no way an endorsement by IV of this lawyer and IV takes no responsibilty if there are any issues that arise from the answers. By posting on this thread, you also agree with the terms and conditions of this website.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY FORUM POSTS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.
We are starting this Free service for all our members. IV members can ask Immigration questions to an immigration lawyer. the immigration lawyer will be regularly visiting this thread and our forums to answer questions. The aim of this feature is to allow our IV members access to information and for free. IV is not getting paid by this lawyer or is paying this lawyer. Our intent is to help our community as much as possible.
The immigration lawyer has kindly accepted to help our community for free without even demanding any publicity for the lawfirm. Thus we have decided to keep the identity of the lawfirm hidden for the time being.
The lawyer will visit this thread and answer questions from our members. Preference will be given to active members and members whose profile information is complete. This service will be expanded further in future. Monthly subscriber (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44) members can choose to get phone consultation and immigration paperwork done by this lawyer at a discounted price. If you are a monthly subscriber, and want legal services, you can contact IV with a proof of your subscription and we will have you get in touch with the lawyer.
You can post on this thread all your immigration questions.
By posting on these forums or reviewing a post of any question or answer, you agree that you have read and understand the following disclaimer:
The information provided on these forums as well as any transcripts posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during these forum post exchanges, . You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided in any post was pertinent at the time of the posting, but may become outdated. We are not responsible in any way for any outdated materials or any post from the attorney.The service is provided on IV by an IV member who is also a lawyer. It is not legal advice but only for information, and no attorney-client or confidential relationship should be formed by use of these forums. This is in no way an endorsement by IV of this lawyer and IV takes no responsibilty if there are any issues that arise from the answers. By posting on this thread, you also agree with the terms and conditions of this website.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY FORUM POSTS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.
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AB1275
09-25 03:51 PM
I have applied on EB2. My PD is Oct 2006. My I-140/I-485 was filed concurrantly. How long do you think is my wait?
HumJumboHathuJumbo
09-23 03:51 PM
why not ask for citizenship if we buy 2 houses?. I will even buy that toxic debt from banks, if i get citizenship and a gori.
huh! cant you take a joke, man?. you said "suggest better if you can". whats your suggestion. Atleast, i made an effort to amuse people here.
you take that red dot back, if you are a man!
huh! cant you take a joke, man?. you said "suggest better if you can". whats your suggestion. Atleast, i made an effort to amuse people here.
you take that red dot back, if you are a man!
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captain
03-26 01:18 AM
Hello All,
I have one question.My employer is pursuing me to go for labor substitution
which is filied in Feb 2004.I got my H1 from Oct 2006.My skill sets and experience is matching with the orginal labor application.
It is not approved labor, but just labor application(EB3 application).
Can anyone tell me the time required to get name transfer on original labor application ? and whether it is beneficial to go for it instead of filing under PERM process.
Thanks in advance
Captain
I have one question.My employer is pursuing me to go for labor substitution
which is filied in Feb 2004.I got my H1 from Oct 2006.My skill sets and experience is matching with the orginal labor application.
It is not approved labor, but just labor application(EB3 application).
Can anyone tell me the time required to get name transfer on original labor application ? and whether it is beneficial to go for it instead of filing under PERM process.
Thanks in advance
Captain
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amitga
02-15 08:32 AM
Very well said & I just feel the same...I have already lost hope on this GC and can not predict how long its going to take but for sure before I leave this place and go back to home country I will contribute my best of share in this fight for justice and full support...count me in with out any doubt!!
The current situation is a gross voilation of the constitutional right of employment at will. This amounts to Involuntary servitude which is a more techincal term for slavery. Read yourself the definition of both and make your own judgement.
In my view (though crazy and totaly impractical) the law suit should be against all the employers because they are the one who represent Govt/USCIS in processing our Green cards. Employers told us that we will process your greencard and you will be a PR in x number of years and now that x is infinite.
http://en.wikipedia.org/wiki/At-will (http://en.wikipedia.org/wiki/At-will)
At-will employment is a doctrine of American law that defines an employment relationship in which either party can terminate the relationship with no liability if there was no express contract for a definite term governing the employment relationship. Under this legal doctrine:
“ any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.
http://en.wikipedia.org/wiki/Involuntary_servitude :
Involuntary servitude is a United States legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion. While laboring to benefit another occurs in the condition of slavery, involuntary servitude does not necessarily connote the complete lack of freedom experienced in chattel slavery; involuntary servitude may also refer to other forms of unfree labor. Involuntary servitude is not dependent upon compensation or its amount.
The current situation is a gross voilation of the constitutional right of employment at will. This amounts to Involuntary servitude which is a more techincal term for slavery. Read yourself the definition of both and make your own judgement.
In my view (though crazy and totaly impractical) the law suit should be against all the employers because they are the one who represent Govt/USCIS in processing our Green cards. Employers told us that we will process your greencard and you will be a PR in x number of years and now that x is infinite.
http://en.wikipedia.org/wiki/At-will (http://en.wikipedia.org/wiki/At-will)
At-will employment is a doctrine of American law that defines an employment relationship in which either party can terminate the relationship with no liability if there was no express contract for a definite term governing the employment relationship. Under this legal doctrine:
“ any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.
http://en.wikipedia.org/wiki/Involuntary_servitude :
Involuntary servitude is a United States legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion. While laboring to benefit another occurs in the condition of slavery, involuntary servitude does not necessarily connote the complete lack of freedom experienced in chattel slavery; involuntary servitude may also refer to other forms of unfree labor. Involuntary servitude is not dependent upon compensation or its amount.
go_guy123
06-14 06:03 PM
The point system would only apply to new applicants. All those already in line will proceed according to existing system. Worked well in Canada's system.
Point system hasn't worked well for Canada. Therefore Canada started tweaking the system since 2002 and recently again in 2008 when they restricted to 38 occupations or Canada educated/work-experienced students. I was luckly to get in when the door was open. That time the US door was almost closing. That was the smartest thing I did in recent years.
Point system hasn't worked well for Canada. Therefore Canada started tweaking the system since 2002 and recently again in 2008 when they restricted to 38 occupations or Canada educated/work-experienced students. I was luckly to get in when the door was open. That time the US door was almost closing. That was the smartest thing I did in recent years.
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shukla77
06-11 10:07 AM
Agree 100%.
very good points.
this is what we do till infinity ...discuss discuss discuss.
open more threads, discuss discuss discuss.
end.
we discuss more than the congress.
let us come with small numerous campaigns to highlight the contributions of legal immigrants..atleast that will prevent people from getting bored
very good points.
this is what we do till infinity ...discuss discuss discuss.
open more threads, discuss discuss discuss.
end.
we discuss more than the congress.
let us come with small numerous campaigns to highlight the contributions of legal immigrants..atleast that will prevent people from getting bored
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Pegasus503
02-13 10:51 AM
I am curious,
while searching the forum I found this thread tucked away under
Immigration Voice > Immigration Voice Issues and Congressional updates > Sept 18th Rally: Car-pooling, Group Reservations for Air travel, hotel etc. > March VB is out!!!!!!!!!!
it just seemed to be a strange folder structure for newbies to find....
I'm not being critical, just confused
while searching the forum I found this thread tucked away under
Immigration Voice > Immigration Voice Issues and Congressional updates > Sept 18th Rally: Car-pooling, Group Reservations for Air travel, hotel etc. > March VB is out!!!!!!!!!!
it just seemed to be a strange folder structure for newbies to find....
I'm not being critical, just confused
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bestia
02-16 03:36 PM
bestia, the people here keep saying "i don't see the reasoning in x, then x must be wrong and should change"
u believe US intended diversity in DV lottery only and by mistake put it in DV, FB and EB.. you are entitled to your opinion, but good luck getting someone to take u seriosly with this argument
again..i only mentioned race when people kept saying we (certainly their race) are better and brighter, outside correcting that context i would never have discussed it this way.
peace.. have a soccer game now.. c u later
I guess, you still have to answer the question: "How keeping people who are in US, having kids and families, on EAD/AP for years serves the purpose of diversity?"
Ow, I can convince a lot of people, by saying that US government wasted thousands of visas for countries without any country caps. Therefore "diversity" is a lousy and crappy excuse, the real problem is a complete mess, obsolete laws, corruption, and laziness of USCIS.
u believe US intended diversity in DV lottery only and by mistake put it in DV, FB and EB.. you are entitled to your opinion, but good luck getting someone to take u seriosly with this argument
again..i only mentioned race when people kept saying we (certainly their race) are better and brighter, outside correcting that context i would never have discussed it this way.
peace.. have a soccer game now.. c u later
I guess, you still have to answer the question: "How keeping people who are in US, having kids and families, on EAD/AP for years serves the purpose of diversity?"
Ow, I can convince a lot of people, by saying that US government wasted thousands of visas for countries without any country caps. Therefore "diversity" is a lousy and crappy excuse, the real problem is a complete mess, obsolete laws, corruption, and laziness of USCIS.
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ramus
07-04 11:13 AM
Cost = 800 (Medical for 2 persons- Average) + 1000 (attorney fees- doesn't matter who pays- company or you) + 30 (photos) + 100( Postage) + 100(others)
Total = 2000 average . I am not adding application fess since USCIS will send it back if they don't process the application.
Out of 2000 - Medical is only valid for 1 year. In most of cases you will have to pay attorney again. All you can use is photos. I will say everybody atleast lost 1800 ( This is very minimum - also doesn't matter who pays- company or you).
So lets say everybody lost 1800. Now depend how many people were ready to file the application..
Please post good reliable estimate of cost for applying with ALL possible break ups. I know the following only!
Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)
Also, which parts are lost if we have to re-apply!
Total = 2000 average . I am not adding application fess since USCIS will send it back if they don't process the application.
Out of 2000 - Medical is only valid for 1 year. In most of cases you will have to pay attorney again. All you can use is photos. I will say everybody atleast lost 1800 ( This is very minimum - also doesn't matter who pays- company or you).
So lets say everybody lost 1800. Now depend how many people were ready to file the application..
Please post good reliable estimate of cost for applying with ALL possible break ups. I know the following only!
Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)
Also, which parts are lost if we have to re-apply!
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styrum
02-12 06:51 PM
:DI just got home from work and logged in and I thought I was dreaming !!!!!
My priority date is June 2003!!!!! I already have approved petition and AOS. When should I be expeting my GC in the mail considering no need to wait for FBI check any more ?
Hold your horses, brother. Remember that the official position of USCIS now is: "Oh we got so many applications last June-August, that it will be by the end of 2010 when maybe we will return to processing times we had before last summer". So now even with PD current I don't even know anymore when we actually will get it. Also remember that there are rumors they threw people onto processing citizenship applications because that issue got some public visibility. Guess from where they took thos adjudicators. You are right - from 485 processing.:cool:
My priority date is June 2003!!!!! I already have approved petition and AOS. When should I be expeting my GC in the mail considering no need to wait for FBI check any more ?
Hold your horses, brother. Remember that the official position of USCIS now is: "Oh we got so many applications last June-August, that it will be by the end of 2010 when maybe we will return to processing times we had before last summer". So now even with PD current I don't even know anymore when we actually will get it. Also remember that there are rumors they threw people onto processing citizenship applications because that issue got some public visibility. Guess from where they took thos adjudicators. You are right - from 485 processing.:cool:
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newtogc
10-04 01:48 AM
Is there any last date for LC substitutions.
Has DOL/USCIS come up with any regulations after taking public comments regarding elimination of LC subs.
Has DOL/USCIS come up with any regulations after taking public comments regarding elimination of LC subs.
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sledge_hammer
02-16 06:50 AM
1) Does this mean that if we link from our webpages/homepages to IV, that it will count?
2) How about if I set up a website, create a thousand pages in it, and put a link to IV on each of those pages? Does that count? Is it the number of pages that point to IV that count? Or the number of websites? Do you know how the spiders work?
3) Also, how about clicking on IV. Like, can I google retrogression, and then go to page 2, and then click on IV. Will that count? If it does, then we can all do that daily. All the bums that come here and don't pay, they can atleast do this.
I am bringing this up because I had been googling retrogression for a long time, and IV never came up.
Yes that will work. This method of making google bring up a link on top is called "google bombing". This is exactly the method that was used to make George Bush's biography appear as the first link when you googled the key "failure".
http://en.wikipedia.org/wiki/Google_bomb
2) How about if I set up a website, create a thousand pages in it, and put a link to IV on each of those pages? Does that count? Is it the number of pages that point to IV that count? Or the number of websites? Do you know how the spiders work?
3) Also, how about clicking on IV. Like, can I google retrogression, and then go to page 2, and then click on IV. Will that count? If it does, then we can all do that daily. All the bums that come here and don't pay, they can atleast do this.
I am bringing this up because I had been googling retrogression for a long time, and IV never came up.
Yes that will work. This method of making google bring up a link on top is called "google bombing". This is exactly the method that was used to make George Bush's biography appear as the first link when you googled the key "failure".
http://en.wikipedia.org/wiki/Google_bomb
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extra_mint
09-15 06:10 PM
There are no Spill over rules for splitting the visa's b/w I and C. Instead the Rule about spill over requires the PD (cutoff) for 2 countries to be same.
Infact if you look at any old VB (last quarter) where dates for China and India are same then that is the month for spill overs.
Cutoff for China will never advance India dates for spill overs.
There are 2.5 EB2-I application per EB2-C application. And EB2 China had cutoff dates of early 2005 in 2009 (they did not enjoy too much spillover in 2009). So my guess it that China will use its 3k annual limit + spillover numbers (depending on how much EB2-C dates move). The spillover would be split 25% china and 75% India.
Infact if you look at any old VB (last quarter) where dates for China and India are same then that is the month for spill overs.
Cutoff for China will never advance India dates for spill overs.
There are 2.5 EB2-I application per EB2-C application. And EB2 China had cutoff dates of early 2005 in 2009 (they did not enjoy too much spillover in 2009). So my guess it that China will use its 3k annual limit + spillover numbers (depending on how much EB2-C dates move). The spillover would be split 25% china and 75% India.
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mariusp
03-29 02:19 PM
OK, I've done some more homework and this is what I found in the proposed rule text:
III. Proposed Amendments to the Permanent Labor Certification
Regulations
The first amendment would prohibit the substitution of
alien beneficiaries on pending applications for permanent labor
certification and on approved permanent labor certifications not yet
filed with DHS.
Basically it says that the rule applies to:
(i) pending labor certification applications and
(ii) approved labor certification which have not yet been filed with USCIS
So it looks like you won't be affected if your case is already pending with the USCIS.
III. Proposed Amendments to the Permanent Labor Certification
Regulations
The first amendment would prohibit the substitution of
alien beneficiaries on pending applications for permanent labor
certification and on approved permanent labor certifications not yet
filed with DHS.
Basically it says that the rule applies to:
(i) pending labor certification applications and
(ii) approved labor certification which have not yet been filed with USCIS
So it looks like you won't be affected if your case is already pending with the USCIS.
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blueyonder
05-03 01:26 AM
[QUOTE=newtoearth;338494]Dear dreamworld I am an Indian (period)
I am who wants to see my fellow indians and country free from trrorism Either Islamic or Tamil or any other kind...
"I am Indian (Period)" this what all Srilankans posting in Indian or Public forum say.
Second ... Why do you call Tamil as terrorist, we do not have Tamil terrorism in India .... you have gotten everything wrong in your head .... we all are talking about Srilankan Tamil civilians not the LTTE. You better get it straight we are only talking about the humanitarian crisis faced by the Srilankan Tamils if you get it mixed up its your problem.
Pls refrain from posting any hate message about Tamils in this forum.
I am who wants to see my fellow indians and country free from trrorism Either Islamic or Tamil or any other kind...
"I am Indian (Period)" this what all Srilankans posting in Indian or Public forum say.
Second ... Why do you call Tamil as terrorist, we do not have Tamil terrorism in India .... you have gotten everything wrong in your head .... we all are talking about Srilankan Tamil civilians not the LTTE. You better get it straight we are only talking about the humanitarian crisis faced by the Srilankan Tamils if you get it mixed up its your problem.
Pls refrain from posting any hate message about Tamils in this forum.
more...
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BharatPremi
09-24 03:19 PM
Read any visa bulletin. It's in there.
I know you are talking about "7% country speciific limit for primary applicants" and "2% country specific dependent limit" So actually it is 9% limit - country specific together.
But question is " what is the meaning of it?"
The tables what are published in bulletin are meant for "Visa number availability".
So numbers (28.6% divided by 5 per each preference-country) are meant for USCIS to process and assign visa numbers till that limit reached.
"7% + 2%" country specific limit is meant for "Sending Greencard /Ordering Greencard".
In simplest form, EB-I will have 8008 X 3 (Without spilied over) = 24024 applications assigned Visa number this year and out of that ( 9% X 140000 = 12600) lucky ones will get their physical green cards THIS YEAR. The rest will get their physical green cards next year though their files have been assigned numbers (Pre-adjudicated.) this year.
Above mentioned explanation is the real meaning of this bullshit.
I think I have tried my best to explain the process.:)
I know you are talking about "7% country speciific limit for primary applicants" and "2% country specific dependent limit" So actually it is 9% limit - country specific together.
But question is " what is the meaning of it?"
The tables what are published in bulletin are meant for "Visa number availability".
So numbers (28.6% divided by 5 per each preference-country) are meant for USCIS to process and assign visa numbers till that limit reached.
"7% + 2%" country specific limit is meant for "Sending Greencard /Ordering Greencard".
In simplest form, EB-I will have 8008 X 3 (Without spilied over) = 24024 applications assigned Visa number this year and out of that ( 9% X 140000 = 12600) lucky ones will get their physical green cards THIS YEAR. The rest will get their physical green cards next year though their files have been assigned numbers (Pre-adjudicated.) this year.
Above mentioned explanation is the real meaning of this bullshit.
I think I have tried my best to explain the process.:)
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gc4me
02-13 02:08 PM
That was an example only. A country can use max 7% of total visa. And if you see the EB visa allocation, other than India, China the 3rd largest Visa was taken by Korea (about 4K, don't remember exactly) and the fourth country only used around 1200, all other countries used with in 100s only. So if a country (example Malaysia) uses only 200 Visa and if it had 500 applicant, why 300 people from Malaysia was retrogressed.
There is no such thing as EB3 Nepal, which I'm sure you know. In EB3 ROW, this includes everyone else. I'm sure there are some significant numbers from the UK, Germany, Australian (although they might be separate under E3... not sure), Japan, Tawian.... etc etc the list goes on.
EB3 ROW doesn't just mean those from tiny countries with tiny populations
There is no such thing as EB3 Nepal, which I'm sure you know. In EB3 ROW, this includes everyone else. I'm sure there are some significant numbers from the UK, Germany, Australian (although they might be separate under E3... not sure), Japan, Tawian.... etc etc the list goes on.
EB3 ROW doesn't just mean those from tiny countries with tiny populations
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gimmeacard
08-02 01:07 PM
so i got tricked this time, in checkout lane met some guy with his kid, started chatting casual nuthing on those bombay guy or other stuff which amway uses, finally he stated that he knows of some folks that have their business here in fremont,ca he is planning to see how they operate, i assumed business means some store related or so, since he didnt seem like an IT guy .
next day get a call, i ask him if its quickster, n he says u heard of it...why wife started laughing @ me, saying u got tricked this time, normally i wud recognise these guys in 1look
intresting 2 anway guys on the forum are always providing negative to my posts taking me to RED, to those giuys you suck, and will always suck! keep roaming in Walmart/Great Malls when u can use hte time to spend it with your family.
next day get a call, i ask him if its quickster, n he says u heard of it...why wife started laughing @ me, saying u got tricked this time, normally i wud recognise these guys in 1look
intresting 2 anway guys on the forum are always providing negative to my posts taking me to RED, to those giuys you suck, and will always suck! keep roaming in Walmart/Great Malls when u can use hte time to spend it with your family.
Circus123
02-12 12:42 PM
September 2001 will be current next month for sure ...
reddy2cool
09-23 09:42 AM
Nixstor: I know how responsible person you are. You must have given lot of thought to this. Even if 20-30% people buy house, that reduces the no of applicants waiting for GC which will make it faster for the people that do not want to buy now for various reasons.
I fully support this idea. Thanks for bringing such good and justified proposal.
Definetely a good idea, I completely endorse it. Even for people who arent eligible/dont have money right away- dont you think reducing the line will eventually help all of us. we dont need to jump 100 ft at once (read relief for all) as long as we are able to jump 10ft once without injuring ourself. Also for people cribbing about seperating rich, anywhere in the world i.e the concept after all they are taking huge risk by investing their hard earned money (just like 20% people contribute to 80%of taxes) they need a break somewhere.
I fully support this idea. Thanks for bringing such good and justified proposal.
Definetely a good idea, I completely endorse it. Even for people who arent eligible/dont have money right away- dont you think reducing the line will eventually help all of us. we dont need to jump 100 ft at once (read relief for all) as long as we are able to jump 10ft once without injuring ourself. Also for people cribbing about seperating rich, anywhere in the world i.e the concept after all they are taking huge risk by investing their hard earned money (just like 20% people contribute to 80%of taxes) they need a break somewhere.
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