mpadapa
09-10 09:21 PM
HR 5882 has the answer for the FIFO problem.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Can some gurus answer this...
Is there some wording in any laws/rules that says USCIS, no matter what, should not be approving cases out of PD order?
OR is PD just a *guidance* to maintain some sort of FIFO and there are enough loopholes in the law that allows USCIS to skirt around them and approve cases with later PDs by claiming that they are actually doing us a service by not wasting visa numbers by approving cases any which way they can?
If its the latter, then we can't do much other than appealing to their conscience and ask them to do a fairer job.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Can some gurus answer this...
Is there some wording in any laws/rules that says USCIS, no matter what, should not be approving cases out of PD order?
OR is PD just a *guidance* to maintain some sort of FIFO and there are enough loopholes in the law that allows USCIS to skirt around them and approve cases with later PDs by claiming that they are actually doing us a service by not wasting visa numbers by approving cases any which way they can?
If its the latter, then we can't do much other than appealing to their conscience and ask them to do a fairer job.
wallpaper rose tattoo on elbow.
audelinom
02-25 03:10 PM
For all the replies to my post. I understand that there are many others in the same situation I am in, who can understand and feel the injustices of this process.
I understand that we made personal choices and we have to take responsibility for our actions, if something is clear is that h1-B is a NON-EMIGRANT visa. I just wish there was more transparency from the USA government when it comes to apply for PR through employment. The backlogs and collapse of the system, only reflect the lack of interest in solving the problem which in my opinion it's also a reflection of the lack of interest in having any more skilled professionals coming to the US.
Most of the participants in this forum are from India. I appreciate your insights and wisdom, you are well known for being spiritual people who work hard through hardships in life. Many of you have left here important advices and I am grateful for that.
Personally I have done my best to live a life outside this green card ordeal. I have moved on trying to live a normal life without being obsessed with this problem, but as most of you know, reality hits quite often and we are reminded of the limitations that our legal position imposes, more often than not.
I am only regret the rude comment of somebody who replied saying " Give up something you don't have? Live a life". It's true I don't have anything to give up and that is the sad part of all this process. I have invested thousands of dollars from my own pocket, gone under distress and suffered the unfairness of the system in exchange of nothing. Yet.
Thanks for your feedback, and good luck to all you. I hope that someday in the future people from my country, or any country for that matter, wont be forced to leave their families and friends behind because of unbearable live conditions we face.
I understand that we made personal choices and we have to take responsibility for our actions, if something is clear is that h1-B is a NON-EMIGRANT visa. I just wish there was more transparency from the USA government when it comes to apply for PR through employment. The backlogs and collapse of the system, only reflect the lack of interest in solving the problem which in my opinion it's also a reflection of the lack of interest in having any more skilled professionals coming to the US.
Most of the participants in this forum are from India. I appreciate your insights and wisdom, you are well known for being spiritual people who work hard through hardships in life. Many of you have left here important advices and I am grateful for that.
Personally I have done my best to live a life outside this green card ordeal. I have moved on trying to live a normal life without being obsessed with this problem, but as most of you know, reality hits quite often and we are reminded of the limitations that our legal position imposes, more often than not.
I am only regret the rude comment of somebody who replied saying " Give up something you don't have? Live a life". It's true I don't have anything to give up and that is the sad part of all this process. I have invested thousands of dollars from my own pocket, gone under distress and suffered the unfairness of the system in exchange of nothing. Yet.
Thanks for your feedback, and good luck to all you. I hope that someday in the future people from my country, or any country for that matter, wont be forced to leave their families and friends behind because of unbearable live conditions we face.
kshitijnt
06-26 12:45 AM
What is america losing?
Lets take a typical example:
My friend and his wife both have jobs here. They pay around $50K-60 income tax (approx) as a couple.
They have 10 yrs of exp. (approx) or have masters degree. They have a decent bit of 401K. And about 30 years of career left. They also have capital investment in India which is growing at a good pace.
Now if even one is forced to go back I am sure both of them will go back to India or wherever they are from. Makes sense?
So what are they losing by going back to India? Some $$$$. Thats all? No debt. no hassle, just semi retirement early enough.
Now think about 100 couples like this?
Now think about 1000 couples like this?
1000* 60 K = $60 million of taxes and social security lost. Who is going to pay the troops in Iraq? Or the USCIS dumbo? Will he have a job to do if we leave?
And if we leave who is going to pay the medical bills of the baby boomer who needs medicare soon?
Lets say, they replace us with younger workers. what will be their salary? 50K or 75K. lets say 80 K. Chances are they are single. If they are married. Will their wife work immediately. If no, they are collecting taxes from him at a married rate while his spouse has no income. If his wife is educated, how long will she want to live on H4? If she doesnt get H1 will they both go back or stay here endlessly? Chickens (americans).
How much tax will they will pay? If they are on F1 EAD, even better, they dont even pay social security.
Of course we lost $$$$ income, but we are not in so much deep shit as US would be if they lose 1000 couples, just 2000 people.
Now lets say we go to India and undergo semi retirement. Fine, US companies maintain competitive advantage and they gain most. But if we decide to continue to excel, can not such 2000 start a formidably competitive business? Who wins? India or USA? Or will they start multiple businesses?
Its about the numbers. If 1 or 2 dont get GC , it doesnt matter. But if thousands are impacted, most of them smart people, it will hurt someone here or many ones.
What have we really asked for in return? Just a piece of plastic that will let us live and contribute like everyone else here.
They have a problem with that too. Bloody morons.
For how many years this game of making people fools will continue? Message spreads fast. I am already telling my junior relative what to expect in America.
Lets take a typical example:
My friend and his wife both have jobs here. They pay around $50K-60 income tax (approx) as a couple.
They have 10 yrs of exp. (approx) or have masters degree. They have a decent bit of 401K. And about 30 years of career left. They also have capital investment in India which is growing at a good pace.
Now if even one is forced to go back I am sure both of them will go back to India or wherever they are from. Makes sense?
So what are they losing by going back to India? Some $$$$. Thats all? No debt. no hassle, just semi retirement early enough.
Now think about 100 couples like this?
Now think about 1000 couples like this?
1000* 60 K = $60 million of taxes and social security lost. Who is going to pay the troops in Iraq? Or the USCIS dumbo? Will he have a job to do if we leave?
And if we leave who is going to pay the medical bills of the baby boomer who needs medicare soon?
Lets say, they replace us with younger workers. what will be their salary? 50K or 75K. lets say 80 K. Chances are they are single. If they are married. Will their wife work immediately. If no, they are collecting taxes from him at a married rate while his spouse has no income. If his wife is educated, how long will she want to live on H4? If she doesnt get H1 will they both go back or stay here endlessly? Chickens (americans).
How much tax will they will pay? If they are on F1 EAD, even better, they dont even pay social security.
Of course we lost $$$$ income, but we are not in so much deep shit as US would be if they lose 1000 couples, just 2000 people.
Now lets say we go to India and undergo semi retirement. Fine, US companies maintain competitive advantage and they gain most. But if we decide to continue to excel, can not such 2000 start a formidably competitive business? Who wins? India or USA? Or will they start multiple businesses?
Its about the numbers. If 1 or 2 dont get GC , it doesnt matter. But if thousands are impacted, most of them smart people, it will hurt someone here or many ones.
What have we really asked for in return? Just a piece of plastic that will let us live and contribute like everyone else here.
They have a problem with that too. Bloody morons.
For how many years this game of making people fools will continue? Message spreads fast. I am already telling my junior relative what to expect in America.
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eeezzz
09-10 10:50 AM
Look at this VB a different way. They don't have a good system to do FIFO so this is the alternative way to do FIFO. Those people who have much older PD probably will appreciate this bulletin.
more...
reddymjm
07-11 08:09 AM
little more than 2 yrs
My guess is that they moved the dates so that any one missed the train in jul 2007 will be able to file 485 and/or add spouses to the existing applications. Looks like it will remain there for some time atleast, may be till the year end.
NJOY Eb2 guys.
My guess is that they moved the dates so that any one missed the train in jul 2007 will be able to file 485 and/or add spouses to the existing applications. Looks like it will remain there for some time atleast, may be till the year end.
NJOY Eb2 guys.
logiclife
07-20 01:34 PM
UPDATE : 7.20.07 12:10 PM PST
I need more people to stand up and commit to video campaign also. Come on guys, if this had any risk involved, I would not tell you to do this. I have myself put videos in past (for a different purpose). I am on my H1 too. If there was risk involved, I wouldnt do that. I am not crazy and I love my status and my prospects for GC too.
If USCIS had been going after people just for speaking out in media, then the entire core group's 140s and 485s would have been rejected. USCIS does not have time, interest or legal grounds to care about who does what. Their job is to follow procedure listed in Adjudicator's field manual and work as per federal laws and regulations. Denials of 140s and 485s or labor cert need to fall under one or other category of federal regulation. They also need to be cited on denial notice. You cant just deny someone's 140 because you dont LIKE the extra carricular activities of person. You are dealing with a Democracy here. Not the 15th century Mughal emperor where the jahan-panah (the emperor) can put someone on trial, convict and sentence upon whim without any due process and where the roles of judge, prosecutor and jury are all fused together into one person. There is a reason why there is an independent judiciary in any reasonable democracy.
If this were something illegal, yes you would be in trouble. If its legal, you are not in trouble no matter what.
If you do something illegal, then no matter how secretly you do it, it will affect your GC or citizenship. Even after you get GC or citizenship, if you do ILLEGAL STUFF, then yes, those privileges can be revoked. If everything you do is LEGAL, then NO, NOTHING will happen to you.
Kindly draw the lines of what you choose to do and choose not to do along the lines of LAW, and not along the lines of "What might or might not offend someone".
If you are constantly afraid of offending someone, then the sad news is that you wont be able to accomplish much of anything in life, EVEN AFTER getting GC and citizenship.
There is no such thing as secret protest.
If the only protest is the only inside your head, then I dont think Congress is going to get the message. That's because Congress does not read minds. It can hardly keep up with letters and webfaxes so I doubt that the grievances inside your head that you intend to keep private will do you any good. You need to speak up publicly.
I need more people to stand up and commit to video campaign also. Come on guys, if this had any risk involved, I would not tell you to do this. I have myself put videos in past (for a different purpose). I am on my H1 too. If there was risk involved, I wouldnt do that. I am not crazy and I love my status and my prospects for GC too.
If USCIS had been going after people just for speaking out in media, then the entire core group's 140s and 485s would have been rejected. USCIS does not have time, interest or legal grounds to care about who does what. Their job is to follow procedure listed in Adjudicator's field manual and work as per federal laws and regulations. Denials of 140s and 485s or labor cert need to fall under one or other category of federal regulation. They also need to be cited on denial notice. You cant just deny someone's 140 because you dont LIKE the extra carricular activities of person. You are dealing with a Democracy here. Not the 15th century Mughal emperor where the jahan-panah (the emperor) can put someone on trial, convict and sentence upon whim without any due process and where the roles of judge, prosecutor and jury are all fused together into one person. There is a reason why there is an independent judiciary in any reasonable democracy.
If this were something illegal, yes you would be in trouble. If its legal, you are not in trouble no matter what.
If you do something illegal, then no matter how secretly you do it, it will affect your GC or citizenship. Even after you get GC or citizenship, if you do ILLEGAL STUFF, then yes, those privileges can be revoked. If everything you do is LEGAL, then NO, NOTHING will happen to you.
Kindly draw the lines of what you choose to do and choose not to do along the lines of LAW, and not along the lines of "What might or might not offend someone".
If you are constantly afraid of offending someone, then the sad news is that you wont be able to accomplish much of anything in life, EVEN AFTER getting GC and citizenship.
There is no such thing as secret protest.
If the only protest is the only inside your head, then I dont think Congress is going to get the message. That's because Congress does not read minds. It can hardly keep up with letters and webfaxes so I doubt that the grievances inside your head that you intend to keep private will do you any good. You need to speak up publicly.
more...
glub
07-18 07:39 PM
Even though future VISA bulletins show PD way earlier than your PD, your I-485 may get approved since you are in the system.
So, who ever gets to apply I-485 are in much better shape than people with PDs in 2002 or 2003 but do not file I-485 now.
REMEMBER, USCIS USUALLY DO NOT FOLLOW ORDER AND YOU HAVE TO BE VERY LUCKY OTHER THAN TURNING ALL THE RIGHT PAPER WORK.
This is contrary to every description of the process that I have read so far... I don't believe your I-485 will get approved just because it is in the system, the PD has to be current at the time of processing...
So, who ever gets to apply I-485 are in much better shape than people with PDs in 2002 or 2003 but do not file I-485 now.
REMEMBER, USCIS USUALLY DO NOT FOLLOW ORDER AND YOU HAVE TO BE VERY LUCKY OTHER THAN TURNING ALL THE RIGHT PAPER WORK.
This is contrary to every description of the process that I have read so far... I don't believe your I-485 will get approved just because it is in the system, the PD has to be current at the time of processing...
2010 Same goes for the rose at the
satishku_2000
07-05 05:09 PM
Spoke to Congresswoman Office personnel in CA . Congresswoman Eshoo office staff and Congresswoman Lofgren office staff. Going to contact Senator Clinton. I had contributed towards her Presidential Campaign.
Going to meet Congress Congresswoman Eshoo staff next week.
If you are not aware of campaign finance laws , get in touch with them and make em aware of the mistake you made and you should get your check back if you are not a citizen or PR.
Going to meet Congress Congresswoman Eshoo staff next week.
If you are not aware of campaign finance laws , get in touch with them and make em aware of the mistake you made and you should get your check back if you are not a citizen or PR.
more...
kuhelica2000
09-15 05:13 PM
I wasn't planning on porting my PD until I read this nonsense "Injunction" threat. I will now port my PD; GCTest - go and file your injunction. If you don't have enough balls to do that I can lend you one.
That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
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I_need_GC
03-13 12:49 PM
I drove back from canada today. and I though I should post my experiance at the buffalo border crossing.
Drove up to the IO gave him my AP and passport. he gave me a token number and asked me to go into the office. Very polite. parked my car went into the office.
waited for about 40 minutes then they finally called me. the lady was very polite soft spoken she had already gotten all my papers ready like new I-94 card. stamp on AP and passport. She asked for my old I-94 cards I handed here all my old ones (i had about 6, since i first came on student visa then switched employers) i mentioned to her that I lost one of my I-94 would a photo copy work and she said yes thats not a problem. after she took all my I-94 cards stamped my passport with ap exiration date same on i-94. I mentioned to her that I will going back and forth to canada very frequently and she jokingly said then I will be seeing you alot.
No other questions were asked. the whole process went very smoothly.
O a friend of mine told me if asked purpose of visit outside US don't say vacation on AP that pisses the IO's because AP is only for emergencies originally.
Drove up to the IO gave him my AP and passport. he gave me a token number and asked me to go into the office. Very polite. parked my car went into the office.
waited for about 40 minutes then they finally called me. the lady was very polite soft spoken she had already gotten all my papers ready like new I-94 card. stamp on AP and passport. She asked for my old I-94 cards I handed here all my old ones (i had about 6, since i first came on student visa then switched employers) i mentioned to her that I lost one of my I-94 would a photo copy work and she said yes thats not a problem. after she took all my I-94 cards stamped my passport with ap exiration date same on i-94. I mentioned to her that I will going back and forth to canada very frequently and she jokingly said then I will be seeing you alot.
No other questions were asked. the whole process went very smoothly.
O a friend of mine told me if asked purpose of visit outside US don't say vacation on AP that pisses the IO's because AP is only for emergencies originally.
more...
SouthSky
06-02 12:50 PM
My PD EB3 01/15/2005
Applied I140 PP 05/18/2007
Approved I140 05/23/2007
Man I am screwed
I received good news on June 1, 2007 that my I-140 is approved. It was received by USCIS on May 22, 2007. Then later that day I saw the new immigration bill. If this very unreasonable bill (EB backlog) will be passed the wasting of all the money, time, stress, anxiety and hope towards the GC procedure will make the whole thing look like a bitter joke. This is beyong my wildest imagination on how bad things can go since we are all hard-working and law-abiding legal immigrants. Is it a punishment for being a good member of society?
I'm praying that it will not be given any consideration by those who have powers.
Applied I140 PP 05/18/2007
Approved I140 05/23/2007
Man I am screwed
I received good news on June 1, 2007 that my I-140 is approved. It was received by USCIS on May 22, 2007. Then later that day I saw the new immigration bill. If this very unreasonable bill (EB backlog) will be passed the wasting of all the money, time, stress, anxiety and hope towards the GC procedure will make the whole thing look like a bitter joke. This is beyong my wildest imagination on how bad things can go since we are all hard-working and law-abiding legal immigrants. Is it a punishment for being a good member of society?
I'm praying that it will not be given any consideration by those who have powers.
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jamesbond007
07-16 12:01 PM
Scheduled a $11 contribution to go out on the first day i.e. 7/21/2008 available via DCU bill pay.
Why 11$? $5 each from me and my wife. $1 gas money saved from not going to subway :D :cool:
Kidding aside, I try not to donate any amount that ends in a zero.
Why 11$? $5 each from me and my wife. $1 gas money saved from not going to subway :D :cool:
Kidding aside, I try not to donate any amount that ends in a zero.
more...
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r_mistry
01-03 10:00 AM
Anybody received any updates on their pending AP cases filed in late July, early August at NSC? I filed on July 24th at NSC and no updates so far.
Please post if you have received any feedback. Thanks !!!
Please post if you have received any feedback. Thanks !!!
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ArkBird
03-05 09:28 PM
My PD is March-2003 and I didn't get the labor cleared till Late 2006
I just can't help wondering how did you get your labor in 2004 with the PD of May-2003? How come snake of BEC didn't bite you? :)
My adjustment application is pending for almost five years now. I was not in the habit of tracking LUDs but of late I was tracking and concluded that most of the time it means nothing.
Here is what happened today. My attorney had applied for my travel document on Jan 28. I got three soft LUDs between Feb 8 to 10. Status remaing same "Case received and pending". To my surprise today I received my travel documents from my attorney. The issue date on the document is March 5. My attorney mailed it to me on March 3, I believe as soon as he received it.
The last LUD on my case is still Feb 10 and the status still says "Received and Pending".
I think we should not go too much by the LUDs.
I just can't help wondering how did you get your labor in 2004 with the PD of May-2003? How come snake of BEC didn't bite you? :)
My adjustment application is pending for almost five years now. I was not in the habit of tracking LUDs but of late I was tracking and concluded that most of the time it means nothing.
Here is what happened today. My attorney had applied for my travel document on Jan 28. I got three soft LUDs between Feb 8 to 10. Status remaing same "Case received and pending". To my surprise today I received my travel documents from my attorney. The issue date on the document is March 5. My attorney mailed it to me on March 3, I believe as soon as he received it.
The last LUD on my case is still Feb 10 and the status still says "Received and Pending".
I think we should not go too much by the LUDs.
more...
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Libra
09-11 08:52 PM
thank you venkat_gc for your conribution. please let us know if you want any help in attending rally.
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ItIsNotFunny
10-22 10:34 AM
Can someone suggest a good attorney (based on your personal experience) for sending AC21 letters to the USCIS? If possible please post the cost involved as well. Preferably in CT/NY/NJ area, any other area is fine too. Thanks!
Not to scare you but you sure your current employer will not revoke 140, look at the recent experiences from people.
Not to scare you but you sure your current employer will not revoke 140, look at the recent experiences from people.
more...
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starscream
05-02 09:36 AM
Received a direct deposit from IRS today of $1200. I am on H1B and my wife on H4 and both of us have SSNs. We had filed jointly.
Also another friend of mine received his refud for a family of 4 - he is on H1B, wife on H4, both have SSNs, one daughter US citizen (has SSN) and another daughter Indian citizen (no SSN). He got 600 + 600 + 300= $ 1500.
It all adds up...
Also another friend of mine received his refud for a family of 4 - he is on H1B, wife on H4, both have SSNs, one daughter US citizen (has SSN) and another daughter Indian citizen (no SSN). He got 600 + 600 + 300= $ 1500.
It all adds up...
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jonty_11
07-06 10:47 AM
Check OH Law Firm post.
I'm afraid that the fire has alerady started.
With the lawsuit and the explanations that they have to give, most likely this issues will come up and this is going to be used against us from now on ....
Just what we needed ...
:(
OK can u explain how this info can be used against us...what the heck did we do?
I'm afraid that the fire has alerady started.
With the lawsuit and the explanations that they have to give, most likely this issues will come up and this is going to be used against us from now on ....
Just what we needed ...
:(
OK can u explain how this info can be used against us...what the heck did we do?
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bigboy007
06-02 08:43 PM
If the current law passes , god forbid it wont. It is indeed scary to many : Becoz its primarily becoz of all backlog processing centre Labors, H1 sixth year extensions etc. I dont know how the heck designed this draft and i am sure all those senators wouldnt havebeen aware of all these H1B , GC Employment based numbers some staffer would have done this .
anujcb
03-15 11:24 AM
did it start yet? any updates?
dpp
07-20 01:30 PM
Yes, you are right. It is from beginning of PERM.
So, total number in PERM labors are 144K. Thats good, not many.
So, so if we have 150K BEC cases also, it is 300K for primary and 600K-700K total for 485s.
The report shows 144,000 between March 28, 2005 - June 1, 2007. This is not bad as we all are thinking
Karthik
So, total number in PERM labors are 144K. Thats good, not many.
So, so if we have 150K BEC cases also, it is 300K for primary and 600K-700K total for 485s.
The report shows 144,000 between March 28, 2005 - June 1, 2007. This is not bad as we all are thinking
Karthik
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