unitednations
03-07 04:41 PM
Hey UN, with your experience, are you seeing a pattern of denials, etc happening to non bodyshopper, non consultants as well? as in, is this whole DOL/USCIS crack down across the board or is it mostly restricted to desi consultants/bodyshopers?
The situation on the ground is this:
L-1 extensions for software related jobs are pretty much now dead. TCS, IBM, etc., are getting denied. USCIS has changed their definition of "specialized knowledge". Now, "specialized knowledge"means no on in USA has that knowledge and cannot obtain that knowledge through training.
Staffing companies; small companies or companies who are h-1b dependent (larger comapnies) are stuck in Vermont Service Center. There are some that aren't having problems but usually it starts with one case stuck in background check; followed by a few approvals; then another one stuck in background check and then all of a sudden all cases are stuck in background check. The scrutiny uscis is giving these types of cases is tremondous and they are denying all of them. Right now; if you monitor the forums you are starting to see the denials. However, vermont service center was sticking cases in background check since fall of 2007. Now; those cases are being worked on and denied. We are just at the beginning of this.
Traditioinal American companies; h-1b and greencard have become toxic and political. Many of them aren't filing greencards for people due to layoffs or too many poeple responding to the advertisements. I haven't seen h-1b issues with them yet. However, if they are not going to do GC then what is the point.
Staffing companies had easiest time filing labors becuse they don't layoff people. However, after Iowa issue now they have started cancelling h-1b's for people on bench, etc. There are so many transfer requests in open market right now; but companies aren't filing because they are getting rid of their own people and it would be foolish to bring on more people in non productive status. However, when they are cancelling h-1b's and sending people back; it is a layoff and that would preclude them from filing greencards.
I do know of one person working at FEDEX as a permanent employee (she has greencard); she told me that FEDEX has taken the detemination that they will not be filing greencards for anyone in the near future. Person can stay until duration of their h-1b but then that will be it.
perm labors used to go through in matter of days. Anything mor then 3 weeks was considered a long time. Now; there is high rate of denials and DOL turning up the scrutiny as to layoffs and general workforce in the place of inteneded employment.
IT IS NOT A FUN TIME FOR ANYONE CONNECTED WITH IMMIGRATION RIGHT NOW.
The situation on the ground is this:
L-1 extensions for software related jobs are pretty much now dead. TCS, IBM, etc., are getting denied. USCIS has changed their definition of "specialized knowledge". Now, "specialized knowledge"means no on in USA has that knowledge and cannot obtain that knowledge through training.
Staffing companies; small companies or companies who are h-1b dependent (larger comapnies) are stuck in Vermont Service Center. There are some that aren't having problems but usually it starts with one case stuck in background check; followed by a few approvals; then another one stuck in background check and then all of a sudden all cases are stuck in background check. The scrutiny uscis is giving these types of cases is tremondous and they are denying all of them. Right now; if you monitor the forums you are starting to see the denials. However, vermont service center was sticking cases in background check since fall of 2007. Now; those cases are being worked on and denied. We are just at the beginning of this.
Traditioinal American companies; h-1b and greencard have become toxic and political. Many of them aren't filing greencards for people due to layoffs or too many poeple responding to the advertisements. I haven't seen h-1b issues with them yet. However, if they are not going to do GC then what is the point.
Staffing companies had easiest time filing labors becuse they don't layoff people. However, after Iowa issue now they have started cancelling h-1b's for people on bench, etc. There are so many transfer requests in open market right now; but companies aren't filing because they are getting rid of their own people and it would be foolish to bring on more people in non productive status. However, when they are cancelling h-1b's and sending people back; it is a layoff and that would preclude them from filing greencards.
I do know of one person working at FEDEX as a permanent employee (she has greencard); she told me that FEDEX has taken the detemination that they will not be filing greencards for anyone in the near future. Person can stay until duration of their h-1b but then that will be it.
perm labors used to go through in matter of days. Anything mor then 3 weeks was considered a long time. Now; there is high rate of denials and DOL turning up the scrutiny as to layoffs and general workforce in the place of inteneded employment.
IT IS NOT A FUN TIME FOR ANYONE CONNECTED WITH IMMIGRATION RIGHT NOW.
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langagadu
05-10 06:35 PM
I just tried accessing my case status on line and I see the folowing message.
This message is like their Visa Bulletins, 6.00 PM on May 10th,2009?? India, EST, CST, MST, PST, Alaska , Hawaii or china time?
Portions of the CRIS application are unavailable for scheduled maintenance.
We anticipate that the application the will be available by 6:00 PM on May 10th, 2009.
This message is like their Visa Bulletins, 6.00 PM on May 10th,2009?? India, EST, CST, MST, PST, Alaska , Hawaii or china time?
Portions of the CRIS application are unavailable for scheduled maintenance.
We anticipate that the application the will be available by 6:00 PM on May 10th, 2009.
h1techSlave
07-20 12:43 PM
If I simplify the whole attitude of IV members; it would be "EB3 is hopeless; EB2 doesn't need any help".
The way the whole EB GC stands now, EB2 folks do not need any additional help. The dates are moving relatively fast. In a year or two most of the EB2 folks will get GC. So why spend money and time in IV efforts?
As far as EB3 folks are considered, we have no hope. CIR is dead; piecemeal efforts are opposed by CHC. IV has never shown much interest in piecemeal efforts, despite the fact that what ever little efforts have resulted in enormous positive results.
The way the whole EB GC stands now, EB2 folks do not need any additional help. The dates are moving relatively fast. In a year or two most of the EB2 folks will get GC. So why spend money and time in IV efforts?
As far as EB3 folks are considered, we have no hope. CIR is dead; piecemeal efforts are opposed by CHC. IV has never shown much interest in piecemeal efforts, despite the fact that what ever little efforts have resulted in enormous positive results.
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Caliber
07-28 10:21 AM
It is indeed sad that you continue to pontificate from a perch of indifference and ignorance. We all know that the entire EB immigration system is not a zero sum game (just ask Ron Hira and his ilk). Sad thing is, when it comes to EB3 I's, EB 2's such as you suddenly transform into a Ron Hira lite ... going about throwing broad hints about how the system is setup the way it is ... to serve those 'higher in the pecking order'.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
A great explanation. Your challenge is good. Those who oppose this, should come forward to check if there are really no qualified US Citizens available for their jobs.
I know many L1 employees of Cognizant who come on L1 as Managers with just 2 years of Experience and file in EB1. Sad part is few people use Legal loopholes and screw all others.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
A great explanation. Your challenge is good. Those who oppose this, should come forward to check if there are really no qualified US Citizens available for their jobs.
I know many L1 employees of Cognizant who come on L1 as Managers with just 2 years of Experience and file in EB1. Sad part is few people use Legal loopholes and screw all others.
more...
sankap
07-10 09:52 PM
@Ramba:
Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?
Re wages, here's Yates memo verbiage:
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”
Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?
Re wages, here's Yates memo verbiage:
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”
Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
BharatPremi
03-26 09:15 AM
Just curious
EB2-India with May 2005 PD and before : All will be out before May 2010 with some residuals in NC. One thing I am sure, EB2/3-India with PD 2006 and afterwards should not start working on EAD and will have to hold on to H1.
PDs with 2006 and onwards - both for EB2/3 - Unpredictable and scary assuming no change in current immigration policies.
EB2-India with May 2005 PD and before : All will be out before May 2010 with some residuals in NC. One thing I am sure, EB2/3-India with PD 2006 and afterwards should not start working on EAD and will have to hold on to H1.
PDs with 2006 and onwards - both for EB2/3 - Unpredictable and scary assuming no change in current immigration policies.
more...
apahilaj
11-06 01:57 PM
was your case transferd from NSC -> TSC ???
Yes, case was originally filed at NSC on July 2nd and on august 24th it got transferred to TSC.
Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...
Yes, case was originally filed at NSC on July 2nd and on august 24th it got transferred to TSC.
Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...
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realizeit
05-08 07:08 PM
I think, this argument is wrong! Legally, any descrimination based on national origin is not valid.
Even if congress passes a law, it can be challenged in court - and court can declare the law as unconstitutional based on the basic rights allowed in the constitution. If we can prove that a law is against the constitution, court can declare it as invalid.
See the Justice Departments Site validating this argument (link below):
http://www.usdoj.gov/crt/legalinfo/natorigin.php
IN US, CONSTITUTION is above, CONGRESS, JUDICIARY and EXECUTIVE branch. ALL LAWS IN the US must obey the principles laid out in the CONSTITUTION.
At present, in the United states there are 1000s of (state and federal) law provisions which acts against the constitution. Until someone challenges those, it will stay the same.
Department of Justice's CIVIL rights division will take up cases related to any discrimination based on National Origin.
In this case, one arm of the Federal goverment is discriminating us and we need to have some help from the other arm of the government (Department of Justice) and the Judicial System, to prove this discrimination.
If we can prove in a court that this is discrimination , that day onwards, country quota will become invalid. Congress has to alter the law then.
I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?
You can only go in court if some agency is not following law disigned by congress. You cannot challenge congress in Court to change law.
Please contribute / Join State chapter / join evey campaign by IV . We have plan to fight for counrty cap along with recapture and some other stuff.
So Please join and ask your friends to join.
Even if congress passes a law, it can be challenged in court - and court can declare the law as unconstitutional based on the basic rights allowed in the constitution. If we can prove that a law is against the constitution, court can declare it as invalid.
See the Justice Departments Site validating this argument (link below):
http://www.usdoj.gov/crt/legalinfo/natorigin.php
IN US, CONSTITUTION is above, CONGRESS, JUDICIARY and EXECUTIVE branch. ALL LAWS IN the US must obey the principles laid out in the CONSTITUTION.
At present, in the United states there are 1000s of (state and federal) law provisions which acts against the constitution. Until someone challenges those, it will stay the same.
Department of Justice's CIVIL rights division will take up cases related to any discrimination based on National Origin.
In this case, one arm of the Federal goverment is discriminating us and we need to have some help from the other arm of the government (Department of Justice) and the Judicial System, to prove this discrimination.
If we can prove in a court that this is discrimination , that day onwards, country quota will become invalid. Congress has to alter the law then.
I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?
You can only go in court if some agency is not following law disigned by congress. You cannot challenge congress in Court to change law.
Please contribute / Join State chapter / join evey campaign by IV . We have plan to fight for counrty cap along with recapture and some other stuff.
So Please join and ask your friends to join.
more...
EADplease
09-20 03:59 PM
Thank you very much!
We're anxiously waiting for the receipt notice in the mail...
EADplease,
I called them and reached an IO officer and told her that I see my checks are cashed and there is a receipt number behind the check but its illegible and can she confirm the numbers for me. She asked for DOB, address, full name etc. and then gave me the receipt numbers for EAD, AP and AOS.
But if your checks are cashed then the receipt notice must be in the mail.:)
We're anxiously waiting for the receipt notice in the mail...
EADplease,
I called them and reached an IO officer and told her that I see my checks are cashed and there is a receipt number behind the check but its illegible and can she confirm the numbers for me. She asked for DOB, address, full name etc. and then gave me the receipt numbers for EAD, AP and AOS.
But if your checks are cashed then the receipt notice must be in the mail.:)
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GreenMe
07-03 11:34 AM
trust me, everyone will write for 2 days more, then move on... i know that! agar kuch karna hi hotta to apna desh kahaan se kahaan pahunch gaya hotta... apne desh ko to badal nahi sakte idhar kya karengey? hehe
keep writing, let me also see how many of us can do this..
sab bol bacchan amitabh bachchan..
Mr. "Imconfused", Please shut your mouth if you are not going to send the flowers. If u think u are not "Bol Bacchan" then why not you send the flowers first.
Others - I have sent the flowers to be delivered on 9th July Monday.
keep writing, let me also see how many of us can do this..
sab bol bacchan amitabh bachchan..
Mr. "Imconfused", Please shut your mouth if you are not going to send the flowers. If u think u are not "Bol Bacchan" then why not you send the flowers first.
Others - I have sent the flowers to be delivered on 9th July Monday.
more...
iluvgc
09-02 08:25 PM
What are the steps to be taken after receiving GC ?
wht do u want to do?
wht do u want to do?
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felix31
09-09 07:39 PM
LOL
EB3 ROW went to June 2002
:rolleyes::rolleyes:
Since I will never get GC, this may be a good time to plan the big change for my life. :D:D
Good luck, everyone!
:D
EB3 ROW went to June 2002
:rolleyes::rolleyes:
Since I will never get GC, this may be a good time to plan the big change for my life. :D:D
Good luck, everyone!
:D
more...
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Ram_C
11-06 02:09 PM
Yes, case was originally filed at NSC on July 2nd and on august 24th it got transferred to TSC.
Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...
not sure how far its true but came across some posts on http://www.immigration.com
stating that transfer cases from NSC-TSC are facing some delays in FP (even after SR) compared to NSC-CSC-NSC cases. heard couple of success stories with SR from NSC-CSC-NSC cases.
I'm also in the same boat, haven't opened SR yet.
good luck :)
Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...
not sure how far its true but came across some posts on http://www.immigration.com
stating that transfer cases from NSC-TSC are facing some delays in FP (even after SR) compared to NSC-CSC-NSC cases. heard couple of success stories with SR from NSC-CSC-NSC cases.
I'm also in the same boat, haven't opened SR yet.
good luck :)
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InTheMoment
06-17 10:56 AM
Pure unadulterated wishful thinking... if I may !
more...
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snathan
02-11 11:42 AM
Thanks NK2006. Its now $1501.
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abq_gc
08-18 03:08 PM
Think Once again,
Processing application based on Priority dates which is applicable to Any Employement (EB1, EB2, EB3) or Even family categories, with respect to Quota for that catagories..
Again as Somebody mentioned Earlier, its not going to get solved in 2-3 Months, So this will be helpful only from Futuristic purpose.
Its Vision problem, But this can't be solved by Lawsuites, It needs discussions, Negotiations and Communication, By Who have access to USCIS representative. In a Nutshell IV or AILA Kind of group, need to bring on their agenda, if they think its in Best interest for everybody.
Simply put i am used to standing in queue to Buy Coffe, and somebody gets priority I feel i've been bypassed.
Agree with you completely... and I would like to add one more point is this unnecessary classification of EB-1, EB-2 and EB-3... we are all highly skilled among our respective fields.. and I don't think this classification does any justice... but I very well know this wont be solved in 2-3 days... so no use talking abt it.. i guess
Processing application based on Priority dates which is applicable to Any Employement (EB1, EB2, EB3) or Even family categories, with respect to Quota for that catagories..
Again as Somebody mentioned Earlier, its not going to get solved in 2-3 Months, So this will be helpful only from Futuristic purpose.
Its Vision problem, But this can't be solved by Lawsuites, It needs discussions, Negotiations and Communication, By Who have access to USCIS representative. In a Nutshell IV or AILA Kind of group, need to bring on their agenda, if they think its in Best interest for everybody.
Simply put i am used to standing in queue to Buy Coffe, and somebody gets priority I feel i've been bypassed.
Agree with you completely... and I would like to add one more point is this unnecessary classification of EB-1, EB-2 and EB-3... we are all highly skilled among our respective fields.. and I don't think this classification does any justice... but I very well know this wont be solved in 2-3 days... so no use talking abt it.. i guess
more...
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kdprasad
08-13 08:01 PM
My attorney just emailed me, she received receipt notices for 485, EAD and AP for both me and my wife.
My application was received on July 2nd 9:01 AM, if it matters it was signed by R Mickels. Also, there is no LUD change on my I140 application, so I guess LUD changes on I-140 mean nothing.
I have not seen the notices yet so I dont know what the notice dates are.
Did the checks got cashed. ???
My application was received on July 2nd 9:01 AM, if it matters it was signed by R Mickels. Also, there is no LUD change on my I140 application, so I guess LUD changes on I-140 mean nothing.
I have not seen the notices yet so I dont know what the notice dates are.
Did the checks got cashed. ???
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reddymjm
06-15 10:27 AM
Receipts only recieved by lawyer? Will benefeciary get any updates?
My colleague sent it on JUN 7th and got his receipts in mail yesterday and the receipt date was Jun11th.
My colleague sent it on JUN 7th and got his receipts in mail yesterday and the receipt date was Jun11th.
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anzerraja
07-19 09:45 PM
Thanks Very much !!!
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100$ for this drive....Tell us what to do
gsc999
10-08 05:39 PM
But please, just trying to beat around the bush is not going to help anyone here for that matter not just me alone. You suggestion of sending flowers seems like that is the only solution to all the problems. I would say the reversal of the July 2 visa bulletine didn't just happen because of the flowers the members sent, the law suit AILA wanted to file against USCIS was one of the major reason apart from the California's Lawmakers letter. So please don't try to cut peoples idea by trying to belittle them, if you don't agree with them it is ok, if everyone agreed on the same thing life will be so dull.
---
Your post is highly misinformed and members aren't surprised by your lack of correct information, you mention in your profile that you don't want to volunteer and you didn't attend the DC rally. No wonder you are disconnected from reality about how far IV has come. It is a fact and all members know this, IV scooped the July visa reversal news.
Please stop living in the blunderland and face the reality. IV was a big reason, we never clam to be the sole reason. We work with other stakeholders. Without a grassroot effort none of the other constituents would have been effective. You mention about the AILA lawsuit "threat," well, why didn't they actually file the lawsuit? We agree that the lawmaker's letter was instrumental in the July visa fiasco reversal. We had an unprecedented San Jose rally by legal immigrants.
You need to get serious and need to contact your state chapter leader to get some more information about IV.
Stop misinforming others! It is about time IVers realized their infuence and exploit their full potential. Don't let such misinformed comments affect your efforts.
---
Your post is highly misinformed and members aren't surprised by your lack of correct information, you mention in your profile that you don't want to volunteer and you didn't attend the DC rally. No wonder you are disconnected from reality about how far IV has come. It is a fact and all members know this, IV scooped the July visa reversal news.
Please stop living in the blunderland and face the reality. IV was a big reason, we never clam to be the sole reason. We work with other stakeholders. Without a grassroot effort none of the other constituents would have been effective. You mention about the AILA lawsuit "threat," well, why didn't they actually file the lawsuit? We agree that the lawmaker's letter was instrumental in the July visa fiasco reversal. We had an unprecedented San Jose rally by legal immigrants.
You need to get serious and need to contact your state chapter leader to get some more information about IV.
Stop misinforming others! It is about time IVers realized their infuence and exploit their full potential. Don't let such misinformed comments affect your efforts.
gxtrader
09-06 03:24 PM
My Aug 1 filer friend got his already....
....Aug '06 that is ;)
....Aug '06 that is ;)
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