nousername
02-02 01:14 PM
Minimalist....
First off, do not generalize H1 to IT industry only.. Trust me, Indian are present in other fields also and they are doing well there :)
Now about your comments, so I guess you truly believe in jungle raj.. Basically, do whatever you think benefits you.. Forget about what other people might need. May be you don't understand the mean of "society" and what makes humans different from animals. Sad, very sad..
About your example, I hope that does not happen to anyone but if it does then yes the employer should pay for the return flight back home but please do not mix two separate issues.
Anyway, I do not think I need to waist any more time with you because you fail to understand the underlining issue.
Good luck with you immigration because that seems to be the focus of your life.
nousername,If your would-be employer had sponsored the visa,it got selected and then he has to not hire you on Oct1st because of his business not doing so well, what would you do?
Ideally your employer should rescind your offer and buy you a ticket back home.
But in the IT industry, that is the reason most people still work with desi employer, even thouh they know that they will be taken advantage of.
Is it illegal? Yes. But there is a risk for the people involved.
Also, when someone tries to land H1 for the first time, it is really tough to find an employer who can apply 6 months in advance.Most american companies don't even go through the hassle unless they are hiring for non-IT positions. Then you have companies like Infosys who apply in bunches and keep them ready for the business they are expecting in future. Try and argue with them that they shouldn't do that as many people who have jobs lined up right now will not get H1s.
In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.
You gotta do what you gotta do. If you keep thinking about all deserving people,you would never take a step forward. At everypoint in life you will have certain options and every option woul cause some or other discomfort. Unless you are involved in clearcut criminal activity, everything else is fair, in my opinion.
First off, do not generalize H1 to IT industry only.. Trust me, Indian are present in other fields also and they are doing well there :)
Now about your comments, so I guess you truly believe in jungle raj.. Basically, do whatever you think benefits you.. Forget about what other people might need. May be you don't understand the mean of "society" and what makes humans different from animals. Sad, very sad..
About your example, I hope that does not happen to anyone but if it does then yes the employer should pay for the return flight back home but please do not mix two separate issues.
Anyway, I do not think I need to waist any more time with you because you fail to understand the underlining issue.
Good luck with you immigration because that seems to be the focus of your life.
nousername,If your would-be employer had sponsored the visa,it got selected and then he has to not hire you on Oct1st because of his business not doing so well, what would you do?
Ideally your employer should rescind your offer and buy you a ticket back home.
But in the IT industry, that is the reason most people still work with desi employer, even thouh they know that they will be taken advantage of.
Is it illegal? Yes. But there is a risk for the people involved.
Also, when someone tries to land H1 for the first time, it is really tough to find an employer who can apply 6 months in advance.Most american companies don't even go through the hassle unless they are hiring for non-IT positions. Then you have companies like Infosys who apply in bunches and keep them ready for the business they are expecting in future. Try and argue with them that they shouldn't do that as many people who have jobs lined up right now will not get H1s.
In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.
You gotta do what you gotta do. If you keep thinking about all deserving people,you would never take a step forward. At everypoint in life you will have certain options and every option woul cause some or other discomfort. Unless you are involved in clearcut criminal activity, everything else is fair, in my opinion.
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manja
02-01 07:27 PM
The link to the contribution page in pappu's post is not working. I want to contribute for the event. Is there any special page through which donations for this event are collected? Or can I just make one time contribution from the home page?
kevin08
02-11 09:59 PM
Sent $20 check today.
Folks, please consider contributing to the campaign.
Folks, please consider contributing to the campaign.
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morchu
05-08 03:46 PM
Just want to highlight a positive point. June visa bulletin shows that NONE of the visas (or very negligible) are going to be wasted this fiscal year for India. Shows increased USCIS efficiency. Hopefully it will be true for World and China as well.
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desi3933
06-28 11:47 AM
desi,
All the points you mentioned are valid and sensible from a business perspective.
In case, you didn't read, I said valid legal reasons.
Here is text from my post
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
All the points you mentioned are valid and sensible from a business perspective.
In case, you didn't read, I said valid legal reasons.
Here is text from my post
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
bmoni
05-01 11:32 PM
Even if we have five people agree to file this class action lets do it .....
Once we have this law suit filled I'm sure will have the visiblity and whole band wagon will behind us.
1, Let choose an attorney who understands our pain wants to fight for our cause. if its Rajiv Khanna so be it.
2, Whatever the inital attorney consultion let split the consultation fee between five of us.
3, Once we have a stream lined class action in place will gather more people.
what you think ..?
I absolutely agree what you said this will atleast help us to predict where we are with the processing ..If this whole thing is going to take 22 years tell us now..so we won't F****** throw away our life waiting for it.
Lets file a lawsuit to get the info in a manner we need:
1) breakdown of processing dates in a manner that co relates to visa bulletin.
i.e.: tell us how many petitions by per country are pending/processed and processing dates by country and category. Atleast USCIS is answerable to visa bulletin.
2) Visa usage by category reporting each month
(How many petitions were approved are pending by visa category and by country) (here I mean just I140 and I485). Adjust the numbers if there are denials.
This will atleast help everyone predict whats going to happen in recent months. One of the heartburns we have is no information comes out of USCIS and we are held hostage to what oppenheim says or Aytes says or Sheela Murthy says. This is public information so lets try and get it public every month.
Once we have this law suit filled I'm sure will have the visiblity and whole band wagon will behind us.
1, Let choose an attorney who understands our pain wants to fight for our cause. if its Rajiv Khanna so be it.
2, Whatever the inital attorney consultion let split the consultation fee between five of us.
3, Once we have a stream lined class action in place will gather more people.
what you think ..?
I absolutely agree what you said this will atleast help us to predict where we are with the processing ..If this whole thing is going to take 22 years tell us now..so we won't F****** throw away our life waiting for it.
Lets file a lawsuit to get the info in a manner we need:
1) breakdown of processing dates in a manner that co relates to visa bulletin.
i.e.: tell us how many petitions by per country are pending/processed and processing dates by country and category. Atleast USCIS is answerable to visa bulletin.
2) Visa usage by category reporting each month
(How many petitions were approved are pending by visa category and by country) (here I mean just I140 and I485). Adjust the numbers if there are denials.
This will atleast help everyone predict whats going to happen in recent months. One of the heartburns we have is no information comes out of USCIS and we are held hostage to what oppenheim says or Aytes says or Sheela Murthy says. This is public information so lets try and get it public every month.
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eb3stuck
06-27 12:49 AM
Santosh,
I think INS or BCCS director have authority to make this provision for filing I-485 when dates are not current.This will atleast relieve many of us and our spouses/dependants from current uncertain situation.
Can we all concentrate on this and take one at a time.
What do we all have to do toward the efforts on this?
eb3stuck
I think INS or BCCS director have authority to make this provision for filing I-485 when dates are not current.This will atleast relieve many of us and our spouses/dependants from current uncertain situation.
Can we all concentrate on this and take one at a time.
What do we all have to do toward the efforts on this?
eb3stuck
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rsharma
09-24 09:52 AM
It is legal per INA to do that.. So your letters and your friends letters are just gutted in the trash right away.. :p
I agree.. Remember labor substitution was also legal once upon a time. However when people reported the facts to USCIS the labor substitution was banned..
But buy then major damage was done..
Therefore EB2 guys wake up till there is time.
I agree.. Remember labor substitution was also legal once upon a time. However when people reported the facts to USCIS the labor substitution was banned..
But buy then major damage was done..
Therefore EB2 guys wake up till there is time.
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abq_gc
08-18 02:13 PM
Well then you should have done it long time back . You are now going for your citizenship and everyone on this forum knows that.
i dont think we are going to solve anything by fighting among ourselves here... we have to take the fight up with USCIS and not among ourselves... the plight of EB-3 at this point is far far worse than EB-2... atleast we are current.. they are not even that.... we have to somehow include all fractions into what we do at this point....
EB-3 deserves a GC as much as an EB-2... and so let's not create boundaries here... United we stand... divided we fall...
what are our options.. to make the 500 pound gorilla kneel down ??
i remember a famous saying.. pen is mightier than the sword... so what are our options guys ???
i dont think we are going to solve anything by fighting among ourselves here... we have to take the fight up with USCIS and not among ourselves... the plight of EB-3 at this point is far far worse than EB-2... atleast we are current.. they are not even that.... we have to somehow include all fractions into what we do at this point....
EB-3 deserves a GC as much as an EB-2... and so let's not create boundaries here... United we stand... divided we fall...
what are our options.. to make the 500 pound gorilla kneel down ??
i remember a famous saying.. pen is mightier than the sword... so what are our options guys ???
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TheOmbudsman
10-25 11:24 AM
As far as I know there is no such arranged compromise. In my personal opinion, the tendency is that the Republicans will attempt to stall everything they can and "do the same" to Dems. Here is an expert opinion. I am sorry if that doesn't sound optmistic.
From Ed Rollins, former White House policy director:
ED ROLLINS: My sense today is we've got to do something short-term to stop the problem. But as we sit here today, my feeling is that no matter what happens in this election, there's not going to be big enough margins on either side to move the Congress in any way, shape or form to solve these critical problems.
And I would hope that the two parties do something they haven't been able do for the last dozen years, and that's sit down and say, all right, neither of us can move or address any of these issues. And why can't we come together and why can't we face up to some of these very significant issues, like Social Security, like education, like health care and come up with a compromise?
Because Democrats aren't going to have enough votes, even if they win back the Congress, and Republicans certainly aren't going to have enough votes if they win the Congress. And we can't have another two years or four years of this chaos.
If Democrats win the House (which they most probably will - maybe with a small majority): Would then there be a Compromise on the CIR which the Republicans didnt even want to talk about ?
Someone in this thread pointed out that in the lame duck session is held with the current members, that would mean we wouldnt have a compromise in the lame duck session.
Then the new Congress would come in and the Bills would have to be passed in the Senate all over again, right? ( Just asking as I dont know the whole process).
From Ed Rollins, former White House policy director:
ED ROLLINS: My sense today is we've got to do something short-term to stop the problem. But as we sit here today, my feeling is that no matter what happens in this election, there's not going to be big enough margins on either side to move the Congress in any way, shape or form to solve these critical problems.
And I would hope that the two parties do something they haven't been able do for the last dozen years, and that's sit down and say, all right, neither of us can move or address any of these issues. And why can't we come together and why can't we face up to some of these very significant issues, like Social Security, like education, like health care and come up with a compromise?
Because Democrats aren't going to have enough votes, even if they win back the Congress, and Republicans certainly aren't going to have enough votes if they win the Congress. And we can't have another two years or four years of this chaos.
If Democrats win the House (which they most probably will - maybe with a small majority): Would then there be a Compromise on the CIR which the Republicans didnt even want to talk about ?
Someone in this thread pointed out that in the lame duck session is held with the current members, that would mean we wouldnt have a compromise in the lame duck session.
Then the new Congress would come in and the Bills would have to be passed in the Senate all over again, right? ( Just asking as I dont know the whole process).
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sathweb
01-30 01:05 PM
You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules… I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don’t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
What’s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It’s all part of the game. Everyone is trying to improve their life.
How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?
Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
How can you tell he/she is representing false?
People like you are the ones who are dividing the community.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules… I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don’t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
What’s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It’s all part of the game. Everyone is trying to improve their life.
How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?
Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
How can you tell he/she is representing false?
People like you are the ones who are dividing the community.
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GCStatus
09-15 10:16 AM
For those who doubt that a definitive initiative is needed for the Legal immigrant community, may I humbly remind them of the most basic and the most important phrase of the US Constitution..."Every human being has the right to Life, Liberty and the Pursuit of Happiness". What has been happening with all this memos and counter-memos and visa bulletins from the USCIS and the DOS is a denial of our basic human rights...first as Human beings and then as Legal Immigrants. Friends we can possibly build a strong case based on the informed readings of the US Constitution and Law. We have done nothing wrong to get such treatment buy these departments. We have followed every law and requirement that the US Immigration Law has prescribed but because of the sheer number of immigrants from India and China we are being disadvantaged and discriminated by the US Congress, certain laws and by these departments. It is not a legal immigrants fault that the US Law does not limit the F1 visas issued in a year by country and the number of jobs applied under H1b program by country. The endless delays in the GC process clearly disadvantages the legal immigrant community from large countries like India and China compared with legal immigrants from other countries and even US citizens. They clearly cannot pursue their dreams of prosperity, career advancement, security (for himself and family via education, jobs and homes) and overall happiness. Justice delayed is nearly always denied.
An Immigration Attorney and Constitutional Lawyer can build a clear case for us. For reference on human rights, please follow these links:
http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm
http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness
Good one Sandy
An Immigration Attorney and Constitutional Lawyer can build a clear case for us. For reference on human rights, please follow these links:
http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm
http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness
Good one Sandy
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chi_shark
07-09 02:55 PM
I have not heard of any rejection. But, the fact that you're receving 1099-MISC means that you're not full time. In fact, you're not even an employee for the company. If you receive an RFE, I assume you'll need to produce paystubs (which the OP don't have). In addition, you won't even get 1099-MISC until the year end. In short, no proof to overturn RFE.
IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.
Fittan
payslips are not "required" only thing needed is a proof that you have been offered a job that meets all those conditions we all know about. technically, you dont even need to be working when you get RFE... ac21 memo allows self employment very clearly and distinctly. however, it also allows for two things: 1) it allows the IO to ask whatever questions they want to ensure that the job is legitimate and not a fraud. 2) it allows the IO to investigate if there was truly an intention between the beneficiary and the petitioner who applied for I-140 at the time of filing for I-140 AND at the time of filing I-485 (if not con-current). Fortunately, the IO is limited to investigating all this only by means of RFE (i.e. he cannot send the FBI or CIA behind you).
the problem for you and for me is that all this shit has not been proven in court... will you be the first person to take this risk? if you respond to RFE and then they deny your 485 and then you fight a case to overturn that denial, then it will set a precedent in case law that can be applied to all of us... so, please do it and let us know! :-)
i incorporated last year but did not do any business... instead i took a full time job with a well known company... I am shutting down my inc this year... i have already responded to an RFE with an EVL from my employer... i wish they could clarify on this policy... as per AC21 memo, they dont have any problem with self employment...
IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.
Fittan
payslips are not "required" only thing needed is a proof that you have been offered a job that meets all those conditions we all know about. technically, you dont even need to be working when you get RFE... ac21 memo allows self employment very clearly and distinctly. however, it also allows for two things: 1) it allows the IO to ask whatever questions they want to ensure that the job is legitimate and not a fraud. 2) it allows the IO to investigate if there was truly an intention between the beneficiary and the petitioner who applied for I-140 at the time of filing for I-140 AND at the time of filing I-485 (if not con-current). Fortunately, the IO is limited to investigating all this only by means of RFE (i.e. he cannot send the FBI or CIA behind you).
the problem for you and for me is that all this shit has not been proven in court... will you be the first person to take this risk? if you respond to RFE and then they deny your 485 and then you fight a case to overturn that denial, then it will set a precedent in case law that can be applied to all of us... so, please do it and let us know! :-)
i incorporated last year but did not do any business... instead i took a full time job with a well known company... I am shutting down my inc this year... i have already responded to an RFE with an EVL from my employer... i wish they could clarify on this policy... as per AC21 memo, they dont have any problem with self employment...
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sledge_hammer
07-08 11:45 AM
I think what has happened here is that DOS was frustrated with the pace in which USCIS was processing applications. So in order to push them to work faster, they made all categories current. This strategy worked and USCIS approved 60,000 visa in 15 0r 20 or however many days.
Then USCIS communicated with DOS that annual quota has been exhausted and thus DOS published the revised bulletin.
My 2 cents.
Then USCIS communicated with DOS that annual quota has been exhausted and thus DOS published the revised bulletin.
My 2 cents.
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qplearn
12-10 10:52 AM
Why don't posters on this forum move back to their home country and concentrate on making their home country great instead of slamming into someone else's country and just living off the wealth others have created?
The bottom line is that a SKIL act is not needed. Hundreds of thousands of American programmers have lost their job to the third world, both in outsourcing and insourcing of third world programmers who work for cheaper wages. There is absolutely no need for more foreigners here and no need for more green cards. Temporary workers are just that - temporary. If you are on a temporary visa, work your time, make some money for your family and head home when your time is up. Don't cry that we don't provide enough green cards when you knew what kind of visa you were on.
Why don't you move back to Britain or whichever country you or your ancestors came from? Also, a lot of wealth in the US has been created by these people who "slam into someone else's country." So your argument has little validity. Maybe I should not be wasting my time in responding to xenophobes.
The bottom line is that a SKIL act is not needed. Hundreds of thousands of American programmers have lost their job to the third world, both in outsourcing and insourcing of third world programmers who work for cheaper wages. There is absolutely no need for more foreigners here and no need for more green cards. Temporary workers are just that - temporary. If you are on a temporary visa, work your time, make some money for your family and head home when your time is up. Don't cry that we don't provide enough green cards when you knew what kind of visa you were on.
Why don't you move back to Britain or whichever country you or your ancestors came from? Also, a lot of wealth in the US has been created by these people who "slam into someone else's country." So your argument has little validity. Maybe I should not be wasting my time in responding to xenophobes.
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jelo
02-15 11:43 AM
Man... I have been following this thread and just $1800 over a week?
Come on..folks donate for the cause, nothing is free..10 or 15 is nothing for us..
Come on..folks donate for the cause, nothing is free..10 or 15 is nothing for us..
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techskill
11-21 12:48 PM
Dear Mehul,
I am shocked to hear the news.I cannot express myself.I will always pray for you and your family.
If everybody prays together even GOD cannot resist.
I agree with WeShallOvercome and logiclife.
We worry about RP, EAD,AP etc. GC is not the end of the world. Is it worth worrying about the Plastic card.
I am shocked to hear the news.I cannot express myself.I will always pray for you and your family.
If everybody prays together even GOD cannot resist.
I agree with WeShallOvercome and logiclife.
We worry about RP, EAD,AP etc. GC is not the end of the world. Is it worth worrying about the Plastic card.
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waitforgc123
10-03 10:08 AM
Hey Guys ,
I am EB2 - July 3rd 9:03 AM - R WIllialms - Nothing received yet ..
I called up yesterday and the lady on the phone tells me that we need to wait 90 BUSINESS days before we can raise a service ticket etc - Which is like 4 months nearly - November 2nd.
Anyone else got a similar response ?
I am EB2 - July 3rd 9:03 AM - R WIllialms - Nothing received yet ..
I called up yesterday and the lady on the phone tells me that we need to wait 90 BUSINESS days before we can raise a service ticket etc - Which is like 4 months nearly - November 2nd.
Anyone else got a similar response ?
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danu2007
07-20 11:34 AM
pledging $100
Sideliner
07-20 09:36 AM
100$ from me. Please let me know how and when. Thanks
johny
10-10 12:19 PM
I sent to NSC on Jul 6th. Though EAD,AP have come, No FP yet.
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