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  • pete
    04-10 04:12 PM
    Its important to understand the root cause for the retrogression. Illegals dont have categories and categories in the EB GCs are there for a reason. It makes a world of a difference for somebody who is EB2 or EB3 if the person was from say.. Bangladesh. If EB2 he is all set if EB3 he will be languishing here. I am EB2 and am in trouble because of CONSULTANTS and yes I have a problem with that.





    Fighting between EB categories shows how shallow our debates can turn out to be! Rhimzim & all, do the illegals differentiate between meat packers, seamstresses, window cleaners etc.? Why waste time and energy?





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  • a_yaja
    05-15 03:54 PM
    How wonderful that congress is finally introducing constructive bills to prevent 'consultants' mainly (but not only) from India from clogging up the H-1B visa system for honest skilled workers. The H-1B program is clearly intended for people WHO HAVE A SOLID FULL-TIME JOB OFFER AT THE TIME OF FILING THE APPLICATION. The whole body-shopping/visa abuse phenomenon is just disgusting. I wouldn't cry if any and all kinds of 'consultancy' activity were banned from the H-1B program. Someone stated that then they 'might as well lower the cap to 10.000/year'. Obviously not true. This bill clears out the infested issues of people illegally taking up visas on false premises. Good work!

    Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.

    I am not sure after reading your post above if you know the meaning of "consulting". To me it looks like you are focused on the narrow group that are labelled as "on-site" consultants. These are people you are hired by one company and perform their activities at a client site. Even among these people, not all have taken up jobs under false pretext.
    First of all - consulting means performing work of temporary nature. It can be temporary due to any number of reasons - regular employee is on medical leave or on maternity leave, job is temp. in nature (an analogy would be that you hire a plumber to fix something in your house and you pay him either on a per-job basis or a per-hour basis) or you do not have expertise in-house to get the job done (the plumber analogy fits here too). Let me give you an example of each one of these.

    Regular Employee is on extended leave
    -------------------------------------
    You are the owner of a company and your office manager is going on maternity leave for 6 months. You call a temp. agency and fill the office manager's position for 6 months. If one were to go by your definition, you would either fire your regular employee and hire a new one or you would hire the second person and fire him/ her when the regular employee is back or you would pay both of them wages

    Job is temp. in nature
    ---------------------
    You are the IT manager in a big company and you have been asked to develop a new software application. To develop this application, you require 5 developers and 2 dbas over a period of 6 months. After the application is developed, you need only 2 developers and 1 dba to maintain the application. If one were to go by your logic, you would fire 3 developers and 1 dba after the application has been developed after 6 months. Or - you would just keep all of them on the payroll and the 3 developers and 1 dba will just be coming to the office and doing nothing. If you are really smart, you will hire 2 developers and 1 dba full time and call a temp. agency to fill the other 4 positions on a temp. basis.

    You do not have the expertise in-house to get the job done
    ----------------------------------------------------------
    You are the President of a large University and as part of local zoning laws, you need to make sure that your Heating, Ventilation and AC system (HVAC) meets the prescribed design and safty regulations. Going by what you just said, you would hire a person to make sure that everything is in order and submit the findings to the local board and then fire the person after the local zoning commision has cleared your university (one would question how you became the University President in the first place - but that is a totally different story). The other thing to do would be to call a certified Engineering company who specialize in this field and get them to do the job.

    If you want to shut down a system because there are some bad apples, then all I can say is that you have a closed mind and you are not willing to think beyond what you see. You would be a classic example of a person whose H1B should not be renewed - if infact you are here on a H1B. If you are not, then I am sure that you will find more support in forums like NumbersUSA.





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  • unitednations
    03-26 03:24 PM
    UnitedNations,

    So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?

    cinqsit

    what i have learned is uscis can do anything at any time if they want to.

    They have different legal cases that they would use if they thought companies/people were doing things that they didn't like. From all the research/cases I have seen, come across; I concluded that uscis could apply these cases to everyone if they wish.

    However; they do not apply it to everyone.

    The h-1b defnesor vs. meissner is something that california service center has beendoing for many, many years and everyone has adjusted to it who file through california.

    However; vermont never used that case. Now; they are using that case as a justification to deny h-1b's across the board for staffing companies because they think there is a lot of fraud involved in the petitions. Califiornia; doesn't apply the case becasue they think there is fraud but rather they are doing what they think is lawful.

    That's why I tell everyone that before you start getting into advoacy; you have to know all the powers that USCIS has and how they can really start making things difficult for everyone.

    Right now; they are not using that case on 140's. If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll (this will generally be the case as consultants come and go and use ac21) then there might be a shift.

    In last eight years; most of the public memos issued by uscis have been employee/candidate friendly. However, those memos can change at any time based on economic and political winds.





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  • rshirodkar
    10-01 09:25 AM
    Hello folks,

    United States was and is a SHINING BEACON in the whole world. That was the reason that this GREAT COUNTRY attracted so many people from all over the world. People from all walks of like come here because they have a DREAM to make it BIG here. But looking at the state of affairs right now, it does not seem that this country will be the SHINING LIGHT that it used to be.
    I came to this country in 1999. For the last 10 years I have been residing legally, paying taxes. At the end of all this I just dont see things moving. I had lot of opportunities but I could not take them because of my status.
    Looking forward, I would sincerely hope that either of the presidential candidates look at the EB category people as legal residents.
    People are becoming impatient. Many of my friends went back to other countries since they are getting better opportunities. I personally feel that countries like Cananda, Australia with their immigration policies are attracting good quality talent. Also with the Indian and Chinese economy growing at more than 7% -8%, there is growth in those countries.
    I hope the next presidential candidate takes these things in consideration while working on the CIR bill.

    thanks

    Rohit Shirodkar



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  • ghost
    07-17 11:00 AM
    Randall,

    We, members of IV who are on H-1B visas, can bring our spouses and children with full rights to travel. Family members are NOT counted in the quota for H-1B. Spouses cannot work as their status is dependent (H-4).

    Our agenda is to resolve the Green Card Queue. People are waiting in the queue since 2001. The current status of queue can be found at: http://travel.state.gov/visa/frvi/bulletin/bulletin_2943.html (Look under the employment based numbers)

    We do not mind waiting in the queue until we get the Green Card. The problem is that the Green Card process is currently Employer-Centric. In the sense, once the GC process is initiated (Let's say Microsoft), the employee has to stick with Microsoft until the Green Card is approved.

    Even worse, we cannot get an official promotion during the wait as this will result in starting the GC process from scratch and inadvertantly sends their application to the end of the queue. Imagine Skilled Labor (people with BS, MS and PhD degrees in Science and Math) who are waiting in the queue for more than 5 years with out an official promotion and at employer's mercy.

    The employer precisely knows that the employee is stuck with their firm until they get their GC and they can conveniently ignore our professional growth (pay raise, promotion, etc). Make no mistake:rolleyes: , on the record they always sympathize our plight but they will not do anything about it. They always want more H-1B numbers but not GC numbers. Talk about employer exploitation.

    IV wants to make the GC process employee-centric so that the employers do not exploit the skilled labor.

    The problem of mis-match between H-1B numbers and GC numbers is created because of the disconnect between two programs. H-1B numbers do not have country limits where as GC numbers have a country limit.

    For example, let's assume that out of the current 65000 H-1B visas, 25000 are from India and 25000 are from China (First come first served basis) and the remaining 15000 are from the Rest of the World. However, the GC numbers have a country limit: 10000 for India, 10000 for China, etc. This results in a queue that will only increase with more H-1B numbers and a disconnected GC program.

    IV members are not against H-1B program (we are here on this program) but at the same time the H-1B increase is not our agenda (we leave it to the exploitant employers who lobby for it). We want to make the GC process employee-centric so as to stop the employer-exploitation and not hinder our professional growth.

    I am not aware of AFL-CIO/Programmers Guild agenda but my understanding was that they want to completely shut-down the H-1B program instead of reforming it. The bottom line is there aren't enough American Citizens who have advanced science and math degrees. So, we need a H-1B program. How to make this program more effective and less exploitative is debatable.





    This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.

    My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.

    My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.

    Please correct if I'm wrong. I really would like to get this right.

    Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.





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  • GCOP
    07-13 10:11 AM
    We are going to write the letter to DOS. All of us in EB3, request IV to step up the efforts to solve EB3 visa problem. EB2 has already advanced to 2006. We are happy for them. EB3 is still in 2001 . Nothing can be more serious than this. IV's concentrated efforts (Meeting with DOS or other authorities) in this situation will be highly admired, at this time when it's needed the most. Thanks in Advance.



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  • abracadabra102
    08-06 05:01 PM
    Interviewer: How come?

    Stroustrup: You are out of touch, aren't you? Remember the typedef?

    Interviewer: Yes, of course.

    Stroustrup: Remember how long it took to grope through the header files only to find that 'RoofRaised' was a double precision number? Well, imagine how long it takes to find all the implicit typedefs in all the Classes in a major project.

    Interviewer: So how do you reckon you've succeeded?

    Stroustrup: Remember the length of the average-sized 'C' project? About 6 months. Not nearly long enough for a guy with a wife and kids to earn enough to have a decent standard of living. Take the same project, design it in C++ and what do you get? I'll tell you. One to two years. Isn't that great? All that job security, just through one mistake of judgement. And another thing. The universities haven't been teaching 'C' for such a long time, there's now a shortage of decent 'C' programmers. Especially those who know anything about Unix systems programming. How many guys would know what to do with 'malloc', when they've used 'new' all these years - and never bothered to check the return code. In fact, most C++ programmers throw away their return codes. Whatever happened to good ol' '-1'? At least you knew you had an error, without bogging the thing down in all that 'throw' 'catch' 'try' stuff.

    Interviewer: But, surely, inheritance does save a lot of time?

    Stroustrup: Does it? Have you ever noticed the difference between a 'C' project plan, and a C++ project plan? The planning stage for a C++ project is three times as long. Precisely to make sure that everything which should be inherited is, and what shouldn't isn't. Then, they still get it wrong. Whoever heard of memory leaks in a 'C' program? Now finding them is a major industry. Most companies give up, and send the product out, knowing it leaks like a sieve, simply to avoid the expense of tracking them all down.

    Interviewer: There are tools...

    Stroustrup: Most of which were written in C++.

    Interviewer: If we publish this, you'll probably get lynched, you do realise that?

    Stroustrup: I doubt it. As I said, C++ is way past its peak now, and no company in its right mind would start a C++ project without a pilot trial. That should convince them that it's the road to disaster. If not, they deserve all they get. You know, I tried to convince Dennis Ritchie to rewrite Unix in C++.

    Interviewer: Oh my God. What did he say?

    Stroustrup: Well, luckily, he has a good sense of humor. I think both he and Brian figured out what I was doing, in the early days, but never let on. He said he'd help me write a C++ version of DOS, if I was interested.

    Interviewer: Were you?

    Stroustrup: Actually, I did write DOS in C++, I'll give you a demo when we're through. I have it running on a Sparc 20 in the computer room. Goes like a rocket on 4 CPU's, and only takes up 70 megs of disk.

    Interviewer: What's it like on a PC?

    Stroustrup: Now you're kidding. Haven't you ever seen Windows '95? I think of that as my biggest success. Nearly blew the game before I was ready, though.

    Interviewer: You know, that idea of a Unix++ has really got me thinking. Somewhere out there, there's a guy going to try it.

    Stroustrup: Not after they read this interview.

    Interviewer: I'm sorry, but I don't see us being able to publish any of this.

    Stroustrup: But it's the story of the century. I only want to be remembered by my fellow programmers, for what I've done for them. You know how much a C++ guy can get these days?

    Interviewer: Last I heard, a really top guy is worth $70 - $80 an hour.

    Stroustrup: See? And I bet he earns it. Keeping track of all the gotchas I put into C++ is no easy job. And, as I said before, every C++ programmer feels bound by some mystic promise to use every damn element of the language on every project. Actually, that really annoys me sometimes, even though it serves my original purpose. I almost like the language after all this time.

    Interviewer: You mean you didn't before?

    Stroustrup: Hated it. It even looks clumsy, don't you agree? But when the book royalties started to come in... well, you get the picture.

    Interviewer: Just a minute. What about references? You must admit, you improved on 'C' pointers.

    Stroustrup: Hmm. I've always wondered about that. Originally, I thought I had. Then, one day I was discussing this with a guy who'd written C++ from the beginning. He said he could never remember whether his variables were referenced or dereferenced, so he always used pointers. He said the little asterisk always reminded him.

    Interviewer: Well, at this point, I usually say 'thank you very much' but it hardly seems adequate.

    Stroustrup: Promise me you'll publish this. My conscience is getting the better of me these days.

    Interviewer: I'll let you know, but I think I know what my editor will say.

    Stroustrup: Who'd believe it anyway? Although, can you send me a copy of that tape?

    Interviewer: I can do that.





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  • unitednations
    08-09 02:20 PM
    While most of us here have US Citizenship as their long term goal, they overlook that fact and focus on manipulating stuff to get a GC which might have severe consequences while applying for Naturalization.

    Let me share with you the story of my friend who just got his US Citizenship in 2007.

    He was out of status without salary for around 6 months during the recession time (2001/2002) and didn�t have W2 for that period either. When USCIS questioned his out of status, he just submitted a letter from the employer stating that they owe some $$$ during that period and will be running his back pay at the earliest. This letter nullified his out of status and was sufficient to satisfy the IO to get his I-485 approved.

    Infact, the company in question didn�t run his back pay at all after his I-485 approval and went bankrupt.

    While applying for Naturalization, one of the items that the beneficiary has to prove is �Good Moral Character�. While scrutinizing his records they found that he didn�t file his tax returns during the year in question and denied his naturalization.

    He had to run from pillar to post and finally got hold of a good attorney who was able to prove that the employer who was supposed to pay the back wages went bankrupt and hence he wasn�t paid, because of which he could file his tax returns. He submitted a letter with proof of bankruptcy and succeeded in his appeal resulting in approval. The whole case dragged for around a year.

    Hence please pay attention to every minute detail before and after you get your GC, so that you don�t end up in a mess while applying for naturalization.

    I second that notion. Although very rare that uscis adjudicators can go that deep in naturalization; it isn't over when you get a greencard, contrary to what many people think.



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  • snathan
    01-06 05:15 PM
    Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?

    Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.

    Modi is the need of the hour andnot Gandhi....Grow up man.





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  • gc03
    05-17 10:56 AM
    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.

    Read on full (http://www.cnn.com/2006/US/05/17/dobbs.bushspeech/index.html?section=cnn_topstories)

    Should we thank CNN Writer Lou Dobbs?



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  • brad_sk2
    01-06 02:39 PM
    Gaza is a small town where more than 1.5 million people live there. Hamas is part and parcel of Gaza because they are elected by palestinian people and wherever they go, its full of people. Its a small land with crowded people. Gaza is like a crowded market.

    Again you are trying to justify the killing of innocent school kids and civilian. This is a big LIE constantly told by media to cover up the massacre. This is part of their divide and rule strategy.

    Do you think Indian police will bomb the crowded street in order to kill a theif, then blame the theif that he is hiding behind civilian?

    If the thief is hurling bombs and rockets towards police and other innocent people, then yes. Else more innocents will be killed by barbaric thief.





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  • delax
    07-13 12:33 PM
    Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).

    That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?

    Again - want to continue a healthy debate, but as per the law, EB2 is more skilled than an EB3 and therefore gets precedence regardless of the date. If we split up the spill over 75/25 between EB2 and EB3 then what answer do we have to the more skilled EB2 candidate who did not get a visa number because a less skilled EB3 took the number based on an arbitrary split up (75/25) and because the EB3 has an earlier PD. Does it meet the meritocracy test which is the intent of the law.

    I may sound plain and harsh but thats the categorization as per existing law not my personal opinion.



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  • alisa
    12-27 02:09 AM
    The world is more worried about Militants getting their hands on Nukes and has some confidence in India's caution. Madeline Albright recently said pakistan is like a migraine for the world. How many times we have seen stories where leaders after leader, strategists after strategists express concerns that Militants may get the nuke trigger.
    I believe the world has a stake in neutralizing Pak's Nukes. Do you believe the Nukes are partially controlled by US at present? Or is it Zardari who has the complete control?
    I am ambivalent about eliminating Pakistan's nuclear program. On the one hand, you are right that nukes in the hands of militants is a scary scenario. (Ironically, you increase the probability of the nukes falling into wrong hands by having a destabilizing war between Pakistan and India.)
    But then equally scary is a defenseless Pakistan against India. Atleast, thats our perception.
    I don't know who all controls the nukes. The army is certainly one part of it.





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  • reddymjm
    08-05 10:32 AM
    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.

    I asked this before and asking again. How many of that EB2 got jobs with out faking their resumes and skill set. Atleast did you?



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  • english_august
    11-11 10:50 PM
    http://www.bluelatinos.org/firelou?from=0

    I encourage IV members to go to the above website and add themselves to the list of petitioners asking CNN to fire Lou.
    Lou Dobbs has a right to speak his mind. A lot of what he says is rhetoric but it is within his rights. I wouldn't want to associate IV with any Latino related immigration movement. Their objectives, issues and means are altogether different from ours.

    We [should] care only about legal immigrants and not have even a whiff of supporting illegal immigration in any form and from any country. For a long time now, the word immigration has been expanded to mean Latino immigrants and only Wall Street Journal takes care to single out that immigration from countries like India is of a different hue (more knowledge based), than immigration from Mexico (more labor intensive).

    Bottom line, aligning ourselves with the Latino agenda is bad policy and politics and a losing proposition.





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  • puddonhead
    06-07 06:22 PM
    I think it really is a matter of personal choice. A house is much more than a mere investment. For people like us it adds another layer of complications
    due to our status (or rather...lack of status).

    We are in Bay Area (San Jose Metro area) and were paying around $2000 in rent. We just bought a condo where our payments (mortgage + Taxes + HoA) are going
    to be around 2300. Hopefully we will be getting back around 400-500 in taxes and this makes it a good deal. However only 15 days after moving into our
    new house, I was laid off and now our biggest concern is if I am not able to get a job in next few weeks and if we have to go back we will be almost
    80k down the hole.

    Personally I would wait till 2012 beginning to consider getting into Cali, Las Vegas, Florida markets. The neg-am/interest-only bubble (BusinessWeek Article (http://www.businessweek.com/lifestyle/content/jun2008/bw2008065_526168.htm?campaign_id=yhoo)) is just beginning to burst with their interest rates resetting, and wont peak until late 2011. This bubble is just as big as the sub-prime one (in terms of dollar value - around USD 0.5 - 1.5 Trillion) and will probably have much higher default rate (north of 50% by all estimates I have seen so far). These loans were originated to make the high priced homes in these area affordable. So it will hit the middle class to aspirational neighborhoods the most - unlike the sub-primes, which mostly hit the lower income areas.

    I don't mean to sound disheartening - just want to provide info and interpretation as I see it so that people can avoid getting into this trap.

    Personally, I am also surprised/uncomfortable that the prices in the NY Metro Area has not come down so much even though all the indicators (rent/price ratio, affordability) are way off base and getting worse with rents heading south. I don't know how these ratios will correct themselves (the neg-am mess is unlikely to hit this area too much) - but my intuition tells me that it has to. If anybody more knowledgeable can add more insights then that will be great.



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  • pani_6
    07-13 04:54 PM
    Guys just modified a lill bit..so unless somebody comes up with something better we will go with this...we can after all send more if somebody comes up with another draft..

    This is a first step and lets not falter at the first step..send it out to the people listed in the second page of the letter ..it wont cost you more than $

    Come on Guys
    Action & Urgency!





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  • gcnotfiledyet
    03-24 04:26 PM
    No problems with Universities. I was surprised to see how many h-1b's are actually held by universities.

    You would be even more surprised if you look at the LCA and the salary they pay. Its surprising how they can get away with it. But then they are cap exempt, so that says something.





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  • rbharol
    11-14 09:39 PM
    If he keeps doing this, soon people will know what he is up to and will stop taking him seriously....





    CantLeaveAmerica
    03-25 01:59 AM
    If you want to buy a home after you get your green card, mostly you will get after your retirement.

    I don't want to feel "my home" when I am 68 and after my kids are out on their own. So I decided, dump the H1B, H4, 485, 131, 761, 797, 999, 888, I94, EAD, AP... AAD, CCD etc crap in trash, and bought the home.

    I am happy. Even if I am asked to leave the country tomorrow, I just lock the door, throw the keys in trash and take off.

    Who cares when life matters.

    Awesome piece of advice..I've got to meet ya!!





    sanju
    12-17 04:05 PM
    Since everyone is posting what they want, I guess I can also just post anything here....



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