InTheMoment
04-09 08:58 PM
I take it the program you applied for is not in the NRMP match and/or you are given a pre-match.
In any case if you want the program you desire and you are fortunate to have the EAD in hand ...what should stop you ! In my opinion just use the EAD and make the best.
I am using AC21 and my spouse is also going in for fellowship. We did not blink a moment to make the best out of the EAD.
So go for it ! (after consulting a reputable attorney if that would make you feel better)
In any case if you want the program you desire and you are fortunate to have the EAD in hand ...what should stop you ! In my opinion just use the EAD and make the best.
I am using AC21 and my spouse is also going in for fellowship. We did not blink a moment to make the best out of the EAD.
So go for it ! (after consulting a reputable attorney if that would make you feel better)
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shirish
10-02 11:14 AM
I am in a similer situation, Did not get a clear answer from any one, but i was told that if i use EAD then my son has to use the I-485 receipt notice and the ap ti renter and the receipt will keep him in legal status.
I am bit confusedon this though.
I am bit confusedon this though.
morphthecat
07-30 03:07 PM
how is the baby supposed to sponsor the parents ??
One option:
http://www.dayzadlaw.com/options.html ( I believe Rajiv Khanna and Murthy have clarified on this matter too):
Cancellation of Removal
Persons in removal proceedings, also known as deportation hearings, may apply in court for a special pardon to receive a green card and stay in the United States. For individuals who have never had a green card, the critical element is proving that you have a spouse, parent, or child who is a US citizen or permanent resident who would suffer extreme hardship if you were not allowed to stay the United States. You must also prove that you have lived in the United States for 10 years and have otherwise obeyed the laws.
.....
I believe it would be extremely difficult to be able to do the above though. Proving extreme hardship ain't going to be easy in court.
One option:
http://www.dayzadlaw.com/options.html ( I believe Rajiv Khanna and Murthy have clarified on this matter too):
Cancellation of Removal
Persons in removal proceedings, also known as deportation hearings, may apply in court for a special pardon to receive a green card and stay in the United States. For individuals who have never had a green card, the critical element is proving that you have a spouse, parent, or child who is a US citizen or permanent resident who would suffer extreme hardship if you were not allowed to stay the United States. You must also prove that you have lived in the United States for 10 years and have otherwise obeyed the laws.
.....
I believe it would be extremely difficult to be able to do the above though. Proving extreme hardship ain't going to be easy in court.
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nidar
03-05 11:04 AM
just did
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jgh_res
05-17 10:01 AM
Here is the link:
http://www.cnn.com/2006/US/05/17/dobbs.bushspeech/index.html
Posted article is below. Refer to the highlighted section :
WASHINGTON (CNN) -- President Bush's address from the Oval Office on border security and illegal immigration failed to satisfy either advocates of amnesty or those demanding that the government secure our borders and ports. Whether by design or not, however, the president did manage to advance public awareness of both crises.
The president finally acknowledged the unsustainable social and economic burdens of permitting millions of illegal aliens to forge documents, pressure our public schools and hospitals, and overtax our local and state budgets.
And the president, in asking for more border patrol officers and sending 6,000 National Guardsmen to our southern border to support the Border Patrol, also acknowledged the federal government's utter failure to protect the American people by securing our borders, across which as many as three million illegal aliens enter this country each year.
President Bush's five-point plan began with the words, "First, the United States must secure its borders." But the president did not assign any urgency to the national task of doing so. Deploying as many as 6,000 members of the National Guard to help secure our broken border with Mexico is positive step.
But the president's proposal to place those National Guardsmen in some sort of adjunct support role is peculiar at best, and without question, woefully inadequate. The president sounded as if he were trying to appease Mexico's President Vicente Fox, assuring him we would not militarize the border. If there is to be appeasement at all, that should fall to the Mexican government rather than President Bush.
Not only are millions of illegal aliens entering the United States each year across that border, but so are illegal drugs. More cocaine, heroin, methamphetamine and marijuana flood across the Mexican than from any other place, more than three decades into the war on drugs.
President Bush and all the open borders advocates should be held to account for not doing everything in their power to destroy the drug traffic across our borders, as well as illegal immigration.
If it is necessary to send 20,000 -- 30,000 National Guard troops to the border with Mexico to preserve our national sovereignty and protect the American people from rampant drug trafficking, illegal immigration and the threat of terrorists, than I cannot imagine why this president and this Congress would hesitate to do so.
And how can this president and this Congress begin to rationalize placing immigration reform, which has been neglected since the last amnesty 20 years ago, ahead of national security and the safety of all Americans?
President Bush went on to say that in order to secure our borders we must create a temporary guest worker program. What? Come again, Mr. President. The president knows better, and so do the American people. Control of our borders and ports is necessary to our national security and a temporary worker program is an exploitive luxury for corporate America.
The president also said we need to hold employers who hire illegal aliens accountable, but he failed to say how. What should be the penalties for these illegal employers? How large a fine should they receive? How many years in jail for the executives of such companies?
It would have been inspiring to hear the president say that he and his friend Vicente Fox had discussed illegal immigration and drug trafficking and reached an agreement that both our country's militaries would be used to create a joint border security force, one that working together would ensure the integrity of the Untied States/Mexico border.
Wouldn't it have been nice as well for this president to suggest that the U.S. government would also take seriously its responsibilities to create a new and efficient immigration system to accommodate the backlog of millions of people trying to do the right thing? The same agency that would have to oversee Mr. Bush's amnesty program could not begin to do so because the Citizenship and Immigration Services already faces a backlog of millions of people who are trying to enter this country lawfully.
Aside from the fact that both political parties are complicit with corporate America and special interests in placing so-called immigration reform ahead of border and port security speaks volumes about our elected officials' commitment to the national interest and the weight and influence of corporate America over both parties.
Mr. President, I don't think the American people will tolerate this much longer.
http://www.cnn.com/2006/US/05/17/dobbs.bushspeech/index.html
Posted article is below. Refer to the highlighted section :
WASHINGTON (CNN) -- President Bush's address from the Oval Office on border security and illegal immigration failed to satisfy either advocates of amnesty or those demanding that the government secure our borders and ports. Whether by design or not, however, the president did manage to advance public awareness of both crises.
The president finally acknowledged the unsustainable social and economic burdens of permitting millions of illegal aliens to forge documents, pressure our public schools and hospitals, and overtax our local and state budgets.
And the president, in asking for more border patrol officers and sending 6,000 National Guardsmen to our southern border to support the Border Patrol, also acknowledged the federal government's utter failure to protect the American people by securing our borders, across which as many as three million illegal aliens enter this country each year.
President Bush's five-point plan began with the words, "First, the United States must secure its borders." But the president did not assign any urgency to the national task of doing so. Deploying as many as 6,000 members of the National Guard to help secure our broken border with Mexico is positive step.
But the president's proposal to place those National Guardsmen in some sort of adjunct support role is peculiar at best, and without question, woefully inadequate. The president sounded as if he were trying to appease Mexico's President Vicente Fox, assuring him we would not militarize the border. If there is to be appeasement at all, that should fall to the Mexican government rather than President Bush.
Not only are millions of illegal aliens entering the United States each year across that border, but so are illegal drugs. More cocaine, heroin, methamphetamine and marijuana flood across the Mexican than from any other place, more than three decades into the war on drugs.
President Bush and all the open borders advocates should be held to account for not doing everything in their power to destroy the drug traffic across our borders, as well as illegal immigration.
If it is necessary to send 20,000 -- 30,000 National Guard troops to the border with Mexico to preserve our national sovereignty and protect the American people from rampant drug trafficking, illegal immigration and the threat of terrorists, than I cannot imagine why this president and this Congress would hesitate to do so.
And how can this president and this Congress begin to rationalize placing immigration reform, which has been neglected since the last amnesty 20 years ago, ahead of national security and the safety of all Americans?
President Bush went on to say that in order to secure our borders we must create a temporary guest worker program. What? Come again, Mr. President. The president knows better, and so do the American people. Control of our borders and ports is necessary to our national security and a temporary worker program is an exploitive luxury for corporate America.
The president also said we need to hold employers who hire illegal aliens accountable, but he failed to say how. What should be the penalties for these illegal employers? How large a fine should they receive? How many years in jail for the executives of such companies?
It would have been inspiring to hear the president say that he and his friend Vicente Fox had discussed illegal immigration and drug trafficking and reached an agreement that both our country's militaries would be used to create a joint border security force, one that working together would ensure the integrity of the Untied States/Mexico border.
Wouldn't it have been nice as well for this president to suggest that the U.S. government would also take seriously its responsibilities to create a new and efficient immigration system to accommodate the backlog of millions of people trying to do the right thing? The same agency that would have to oversee Mr. Bush's amnesty program could not begin to do so because the Citizenship and Immigration Services already faces a backlog of millions of people who are trying to enter this country lawfully.
Aside from the fact that both political parties are complicit with corporate America and special interests in placing so-called immigration reform ahead of border and port security speaks volumes about our elected officials' commitment to the national interest and the weight and influence of corporate America over both parties.
Mr. President, I don't think the American people will tolerate this much longer.
lifestrikes
02-11 10:06 AM
..
Legislation is being prepared by U.S. Rep. Zoe Lofgren (D-Calif.) that would make it easier to get permanent residency or Green Cards for advance degree graduates. Lofgren, who represents Silicon Valley, has not introduced her proposal, but she is a veteran of immigration issues.
Previous efforts by Lofgren have attempted to make it easier for foreign students who earn advance degrees in science, technology, engineering and mathematics, the so-called STEM degrees, to remain in the U.S. Her latest proposal is broader.
Among the things Lofgren may seek to accomplish in this bill is to create a new Green Card category for advanced degree graduates with STEM degrees, and to enable employers to file immigrant petitions for any of these students, eliminating the need for an H-1B visa for these employers. Out of the 85,000 H-1B visas allowed each year, 20,000 are set aside for STEM graduates.
U.S. Rep Jeff Flake (R-Arizona) introduced something similar last month. But Lofgren's proposal may go further by seeking protections for U.S. workers by barring their displacement by an H-1B worker, a move that may be aimed at firms that primarily deliver offshore services.
Link (http://www.computerworld.com/s/article/9208961/Top_H_1B_visa_user_of_2010_An_Indian_firm)
Legislation is being prepared by U.S. Rep. Zoe Lofgren (D-Calif.) that would make it easier to get permanent residency or Green Cards for advance degree graduates. Lofgren, who represents Silicon Valley, has not introduced her proposal, but she is a veteran of immigration issues.
Previous efforts by Lofgren have attempted to make it easier for foreign students who earn advance degrees in science, technology, engineering and mathematics, the so-called STEM degrees, to remain in the U.S. Her latest proposal is broader.
Among the things Lofgren may seek to accomplish in this bill is to create a new Green Card category for advanced degree graduates with STEM degrees, and to enable employers to file immigrant petitions for any of these students, eliminating the need for an H-1B visa for these employers. Out of the 85,000 H-1B visas allowed each year, 20,000 are set aside for STEM graduates.
U.S. Rep Jeff Flake (R-Arizona) introduced something similar last month. But Lofgren's proposal may go further by seeking protections for U.S. workers by barring their displacement by an H-1B worker, a move that may be aimed at firms that primarily deliver offshore services.
Link (http://www.computerworld.com/s/article/9208961/Top_H_1B_visa_user_of_2010_An_Indian_firm)
more...
newbie2020
05-18 08:01 PM
We should note that this bill was introduced in mid march and we didn't have any clue (including IV) sometimes chances of such bills may be easier to pass if the bill author chooses to include the provisions into another bill. Sometimes it better to stay low and get the provisions passed..;) ..... Overall i feel the provisions of this bill may get included into another one like 6039 or so
Contacting the authors and seeking their support will surely benefit us,
What do u guys think?
Contacting the authors and seeking their support will surely benefit us,
What do u guys think?
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rakesh_uvce
10-10 09:01 AM
hi mpadapa,
I couldnt find that question. Do you know aapprox what time after the conference call started or the name of the guy who posted that question?
thanks
I couldnt find that question. Do you know aapprox what time after the conference call started or the name of the guy who posted that question?
thanks
more...
LONGGCQUE
07-18 01:29 PM
ineedhelp,
Here are a few facts based on my first hand experience. I was employed with L&T Infotech for 5+ yrs and left them while in US on H1. Legally, they cannot do anything against you in US as bonds you signed were in Indian judicial limits and are not applicable in US. But yes, they can enforce it legally in India. I have heard and known cases wherein these Indian companies have taken employees to court. I am still following with my ex-company for settlement and they have a claim of 13-14K USD(they add interest on bond from the date you leave @ xx%). Get all papers from them before you part like detailed exp. letter etc, paystubs etc from GC perspective(if u r interested).
Read one of my posts of I140 issues that i am going thru. That will give you some idea of potential issues.
My advice - once you resign they will anyway take you to legal way in India...they will do this coz they have to follow there HR process and scare you and other people around you of repurcussions. Give them a resignation notice of 1-2 weeks and when they ask to stay a little longer to satisfy clients or knowledge transfer, then negotiate with them and get your paperwork etc. Decide on whats best in your future interests.
Good luck. It will work out well for you.
*** Not a lawyer advice ***
Here are a few facts based on my first hand experience. I was employed with L&T Infotech for 5+ yrs and left them while in US on H1. Legally, they cannot do anything against you in US as bonds you signed were in Indian judicial limits and are not applicable in US. But yes, they can enforce it legally in India. I have heard and known cases wherein these Indian companies have taken employees to court. I am still following with my ex-company for settlement and they have a claim of 13-14K USD(they add interest on bond from the date you leave @ xx%). Get all papers from them before you part like detailed exp. letter etc, paystubs etc from GC perspective(if u r interested).
Read one of my posts of I140 issues that i am going thru. That will give you some idea of potential issues.
My advice - once you resign they will anyway take you to legal way in India...they will do this coz they have to follow there HR process and scare you and other people around you of repurcussions. Give them a resignation notice of 1-2 weeks and when they ask to stay a little longer to satisfy clients or knowledge transfer, then negotiate with them and get your paperwork etc. Decide on whats best in your future interests.
Good luck. It will work out well for you.
*** Not a lawyer advice ***
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ski_dude12
10-15 02:17 PM
It is possible that since you are on H1 they might have assumed that your employer filed for your GC.
more...
anindya1234
06-01 02:35 PM
But it does increase the GC quota which will substantially hasten the process
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hopefulgc
05-12 04:35 PM
while that i true... imagine where we would have been if MLk had decided to sit back..
or talk about another great soul from your motherland
...If Sherpa Tenzing had decided that he is happy climbing a knoll than conquer the heights of everest.... would he be distinguished.
As someone said, We will have to be the change, we wish to see in this world.
or talk about another great soul from your motherland
...If Sherpa Tenzing had decided that he is happy climbing a knoll than conquer the heights of everest.... would he be distinguished.
As someone said, We will have to be the change, we wish to see in this world.
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rani77
03-17 07:57 AM
I saw your post completely. It looks like that is a no go but you can try two things open a MTR and file an 140 in EB3 .Also parallely start another new case from scratch . You PD is Aug 2006 which may not seem a big advantage now but in a couple of years of time it will be. This may also cost a bit more so apart from financial aspect it doesnt hurt more to do these do things parallely. You got to take the call. Also make sure that you hire a good /well know attroney , your case typically indicates that the attorney made the wrong decision in filing
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rkotamurthy
02-14 06:13 PM
^^ Bump
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hopefulgc
07-20 02:04 PM
One has 2 pages the other has 4 pages
Shouldn't really matter.. unless the IO is anal about it..
I would send in a G325A along with a cover letter stating my full name, SS, alien #, if any, just to be safe.
Shouldn't really matter.. unless the IO is anal about it..
I would send in a G325A along with a cover letter stating my full name, SS, alien #, if any, just to be safe.
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Munna Bhai
06-11 12:20 PM
Guys,
Every news channel and radio stations is talking abt Bush bringing back teh Immi bill. And I think he will
He will armtwist Congress to pass it like he got the Iraq funding bill passed (w/o plan for withdrawal).....We should have a plan to bring in our ammdts as soon as the bill hits floor again...
http://www.cnn.com/2007/POLITICS/06/11/bush.immigration.ap/index.html
Yes, it will be back and it will pass, we all should be well prepared this time.
Every news channel and radio stations is talking abt Bush bringing back teh Immi bill. And I think he will
He will armtwist Congress to pass it like he got the Iraq funding bill passed (w/o plan for withdrawal).....We should have a plan to bring in our ammdts as soon as the bill hits floor again...
http://www.cnn.com/2007/POLITICS/06/11/bush.immigration.ap/index.html
Yes, it will be back and it will pass, we all should be well prepared this time.
more...
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TeddyKoochu
01-06 02:57 PM
There is nothing called "upgrade". You can file a second I-140 as EB1-A in parallel. Other than the money and energy spent, there is no downside. AFAIK, there is no "eligibility" for filing EB1-A. In the petition, you must demonstrate that you meet the minimum number of criteria described by USCIS.
USCIS - EB-1 Eligibility and Filing (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a4df271ab0fd010VgnVCM1000000ecd190aRCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Sincerest thanks for the information. Iam looking at criteria 1 to 10 in the list that you have provided. I believe that I can gather evidence to satisfy 2 criteria�s completely and maybe 1 partially, does that suffice or there is a rule that atleast say 4 / 10 or X / 10 should be satisfied as a minimum. Most of the criteria�s are actually meant for distinguished people in research, whereas my profile is more of an IT application developer / designer.
USCIS - EB-1 Eligibility and Filing (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a4df271ab0fd010VgnVCM1000000ecd190aRCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Sincerest thanks for the information. Iam looking at criteria 1 to 10 in the list that you have provided. I believe that I can gather evidence to satisfy 2 criteria�s completely and maybe 1 partially, does that suffice or there is a rule that atleast say 4 / 10 or X / 10 should be satisfied as a minimum. Most of the criteria�s are actually meant for distinguished people in research, whereas my profile is more of an IT application developer / designer.
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eyeopeners05@yahoo.com
06-02 12:55 PM
July 07 485 filer with pd of July 2003 in EB3.
EAD and AP available and can be used for AC21.
Current H1 valid till 2010 July
Got married after filing 485 and so wife does not have EAD etc and is on H4.
Another company wants me to come to their company using EAD as they dont want to file h1. Can I use EAD under AC21 and switch jobs while my wife is still on H4 ?
Is the EAD/AOS status change applicable only when going in and out of the country ? If we decide to stay in the USA till we get a GC, does it matter if I use EAD to change jobs though my wife is on H4 ?
EAD and AP available and can be used for AC21.
Current H1 valid till 2010 July
Got married after filing 485 and so wife does not have EAD etc and is on H4.
Another company wants me to come to their company using EAD as they dont want to file h1. Can I use EAD under AC21 and switch jobs while my wife is still on H4 ?
Is the EAD/AOS status change applicable only when going in and out of the country ? If we decide to stay in the USA till we get a GC, does it matter if I use EAD to change jobs though my wife is on H4 ?
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gkaplan
04-22 02:37 PM
thanks again:
more questions:o
1. i think my company needs to apply for LCA frst, right?what things should be done (roughly) before applying for LCA? and approximately how much time is required for those things?
2. how long does it take to get approved for LCA? (if the company does everything correctly?)
3. once LCA arrives, then the company just needs to fill the required H1B forms and send them to USCIS, right? approximately how much time is required for those things?
4. once the forms arrive at the USCIS, as long as I pay extra $1000, will I be eligible for preium processing?
5. what happens after USCIS gives an ok? and a 'no ok"?
6. if everthing happens before october 1st,2010 and i get an OK from USCIS, will I be officially on H1B after october 1st 2010?
7. if everthing happens after october 1st,2010 and i get an OK from USCIS, what will be?
Thanks again, i know i';m being an idiot with so many questions but I'm just trying to understand exactly what's and how's happenning these things.
Thank you again.
more questions:o
1. i think my company needs to apply for LCA frst, right?what things should be done (roughly) before applying for LCA? and approximately how much time is required for those things?
2. how long does it take to get approved for LCA? (if the company does everything correctly?)
3. once LCA arrives, then the company just needs to fill the required H1B forms and send them to USCIS, right? approximately how much time is required for those things?
4. once the forms arrive at the USCIS, as long as I pay extra $1000, will I be eligible for preium processing?
5. what happens after USCIS gives an ok? and a 'no ok"?
6. if everthing happens before october 1st,2010 and i get an OK from USCIS, will I be officially on H1B after october 1st 2010?
7. if everthing happens after october 1st,2010 and i get an OK from USCIS, what will be?
Thanks again, i know i';m being an idiot with so many questions but I'm just trying to understand exactly what's and how's happenning these things.
Thank you again.
aamchimumbai
12-08 12:16 PM
Vik352,
I am in the same situation as yours. I am assuming that this is your first AP application and not renewal, right?
In my case, I am on H1 and my wife is on H4. For both, visa is NOT stamped in our passports. We received a letter from NSC saying that both our AP applications were approved on 10/21/08. I received my approved AP application but we never received hers. We followed up with the NSC and local USCIS office both confirmed that our application were approved. Therefore, she left US to visit India on 11/15/08. Two days later after her departure we received RFE on photos. Weird. Anyways. We did respond her RFE few days ago.
But now the question is can she return with her approved AP, which may have a later date than her departure OR we need to go for H1/H4 stamping. I am not sure what will happen at the POE when we show up with our APs.
Anyone in similar situation?
Thanks.
My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.
I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?
Thanks!
I am in the same situation as yours. I am assuming that this is your first AP application and not renewal, right?
In my case, I am on H1 and my wife is on H4. For both, visa is NOT stamped in our passports. We received a letter from NSC saying that both our AP applications were approved on 10/21/08. I received my approved AP application but we never received hers. We followed up with the NSC and local USCIS office both confirmed that our application were approved. Therefore, she left US to visit India on 11/15/08. Two days later after her departure we received RFE on photos. Weird. Anyways. We did respond her RFE few days ago.
But now the question is can she return with her approved AP, which may have a later date than her departure OR we need to go for H1/H4 stamping. I am not sure what will happen at the POE when we show up with our APs.
Anyone in similar situation?
Thanks.
My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.
I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?
Thanks!
ash27
07-17 02:55 PM
Guys,
We need to ignore postings from Rockford. He is just trying to spread unnecessary rumors to gain attention. What a shame
we really have to be morons to take anynonymous comments at face-value.
or did you post the comments yourself and like the attention?
We need to ignore postings from Rockford. He is just trying to spread unnecessary rumors to gain attention. What a shame
we really have to be morons to take anynonymous comments at face-value.
or did you post the comments yourself and like the attention?
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