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  • desi3933
    07-08 10:20 AM
    1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.

    2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).

    3. Did the period length where he did not have a pay check exceed 180 days at a stretch?

    Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.

    1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

    2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

    3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

    _____________________
    Not a legal advice.





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  • Macaca
    12-20 08:12 AM
    A glance at year-end actions in Congress (http://www.mercurynews.com//ci_7761858?IADID=Search-www.mercurynews.com-www.mercurynews.com) Associated Press, 12/19/2007

    A look at actions in Congress on Wednesday:

    BUDGET BATTLE

    Congress sent President Bush a $70 billion bill to fund military operations in Iraq and Afghanistan. The money is inside a $555 billion catchall spending bill that combines the war money with money for 14 Cabinet departments. Bush and his Senate GOP allies forced the Iraq money upon anti-war Democrats as the price for permitting the year-end budget deal to pass and be signed. The vote in the House was 272-142. The spending legislation affects virtually every part of the government other than the Defense Department's core programs.

    ALTERNATIVE MINIMUM TAX

    Congress sent President Bush legislation blocking the growth of the alternative minimum tax. The House voted 352-64 for a one-year fix of the tax, which was created to make sure very rich people did not totally avoid paying taxes. But since it was never adjusted for inflation, it affects a greater number of middle- and upper-middle-level income people every year. Without the fix, those subject to the tax would have risen from 4 million in 2006 to about 25 million in 2007, with the average levy of $2,000 a taxpayer. The main beneficiaries of the tax relief would be people in the $75,000 to $200,000 income level. Bush said he will sign the bill because it does not include tax increases or other new sources of revenue to pay for the $50 billion cost of the tax relief. The legislation will shield some 21 million taxpayers without a means to cover the cost to the Treasury.

    GUNS

    Congress approved legislation that would make it easier to flag prospective gun buyers who have documented medical problems. The legislation clarifies what mental health records should be reported to the National Instant Criminal Background Check System, which gun dealers use to determine whether to sell a prospective buyer a firearm. It also allows the attorney general to penalize states beginning after three years if they do not meet compliance targets. The bill requires federal agencies to notify people flagged as mentally ill and disqualified from buying a gun and to notify people when or if they have been cleared. Propelling the long-sought legislation were the April 16 killings at Virginia Tech, when a gunman killed 32 students and himself using two weapons he had bought despite a documented history of mental illness.

    HEAT AID

    Congress acted to give extra home heating assistance to cash-strapped families. The government's Low Income Home Energy Assistance program would get roughly $409 million more in a year-end budget bill sent to Bush. The program provides heating and cooling subsidies for the poor. Millions of poor and elderly people on fixed incomes rely on heating assistance to help pay their heating bills.

    SCHIP

    Congress sent an extension of a popular health insurance program for children to Bush. Lawmakers supported a $35 billion expansion of the State Children's Health Insurance Program. Bush vetoed two bills that would have provided the additional money but is expected to sign this version. The extension through March 2009 was part of legislation that also gave physicians a 0.5 percent rate increase when they treat the elderly and disabled in Medicare. Physicians had been scheduled to take a 10 percent cut. The reprieve for doctors will last until June 30. The bill also includes a moratorium on new regulations that would reduce Medicaid payments to schools.

    TOY SAFETY

    The House approved a bill that lawmakers hope will make children's toys safer and increase the powers of the Consumer Product Safety Commission. Under the bill, anything more than a minute amount of lead would be banned in toys meant for children under 12. The bill also increases the agency's budget to as much as $100 million for the agency by 2011, gives $20 million to modernize the commission's testing lab and bans industry-sponsored travel for the commission. The bill would also ban the sale and export of recalled products, require tracking labels on children's products to aid in recalls and require mandatory third-party testing by certified laboratories. The legislation now goes to the Senate.

    CIA DESTROYED TAPES

    The CIA agreed to produce documents to Congress relating to the destruction of interrogation videotapes of two terror suspects. The CIA decision came after the chairman of the House Intelligence Committee threatened to subpoena two CIA officials to testify about the tapes.

    CONFIRMATIONS

    The Senate confirmed more than 30 of President Bush's appointments. They included Steven Murdock, the state demographer of Texas, as the new director of the Census Bureau, and Julie L. Myers as director of Immigration and Customs Enforcement. Critics had questioned her qualifications to lead the government's second-largest law enforcement agency.





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  • gcseeker2002
    12-27 10:49 PM
    I myself am originally from Mumbai so please dont doubt the deep sense of outrage that I feel. But amid all this talk about going to war, here are a few things to ponder

    1. Think about how long it takes to construct a single runway of an airport. In the developed countries, it takes about 2-3 years, for India safe to say 5-6 years. One of Paki's first responses would be take out entire airports not just runways. Can you imagine how long it would take us to recover

    >>>>>It will be the same if terrorists take out entire airports by their terror actions, which they were about to do in Mumbai that failed on 11/26. So no point worrying about what if.

    2. Why should India kill Pak when it is killing itself every day. At this rate, just imagine how long this country will last. Sitting back and being a spectator could just about be the best option

    >>>>>At this rate they will take another 50 years to kill themselves, but will continue to torment India till they die, they are like a cockroach that keeps wriggling till it dies, and does not matter if you just cut off its legs, etc.

    3. If we are outraged by 200 civilians/police/NSG dying, do we really have the stomach to absorb 1000s, lakhs ........

    >>>>>If we dont destroy the Pakis now, tomorrow their terrorists will take out 1000s, lakhs while we sit and wait.

    4. Talking of "surgical strikes" - surgical strikes on what? Even the dumbest terrorist knows that its probably not a good idea to be in a terror camp right now.

    >>>>>That is a true statement, but who cares, look at Israel that takes out Hamas buildings even though no hamas terrorists are in those buildings.

    5. Do we really want to unite all those crazy Punjabis, Balochis, Taliban and the Paki army

    >>>>>They are already united, it is Indians who are divided.

    6. Ok, what about assassinating Kayani. Wonderful, we have destroyed the last institution in Paki land. Get ready to welcome millions of refugees

    >>>>>No comments.

    I know I know that I am not coming up with any good course of action, just pointing out the flaws in the rest of them. But thats all my layman's strategic vision gives me. Maybe with just 1/100th the cost of war, we can improve our border/maritime security and also our intelligence apparatus

    Personally, I think war is going to happen. I just wish people even remotely understand what it is that they are asking for.

    War is bad but required to quell bad people, some people just dont get it the soft way.





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  • ssa
    06-23 04:53 PM
    Besides other errors in calculation which have been already discussed above, the numbers assumed here are unrealistic.

    First and foremost you can't get townhome in Cupertino for 500K. Even in this market 2br/2bth dingy condos in good school district in Cupertino (remember, even within cupertino there are different levels of school district, especially when it comes to high school) are going for 550K at least.

    Second for those condos HOA is on an average 400/mo so that's minimum 4800 per year not 3000.

    Also the biggest problem with this calculation is it is valid for the very first year ONLY. The 15K you get back from tax credit and 50% from the broker (IF you can get it in the first place) is only for the very first year. What are you going to do for the next 29 years? Unless you think you will own for just one year and then flip it (which is a suicidal plan in this housing economy) it does not make sense.

    Here is one calculation that might give you one more reason to buy...

    This is taking into consideration bay area good school district ....


    say you are currently in a 2 bedroom paying around $1900 rent (say cupertino school district)

    you buy a townhome for around $500k putting down 20%
    so loan amount is 400k
    @ 5% instrest your annual intrest is $ 20k.
    Say 3k HOA anually...
    Property tax....as a rule of thumb, I believe (and have heard from others) whatever poperty tax you pay comes back as your mortgage intrest and property tax is deductable.
    So not taking property tax into account....your annual expense is 23k.

    now here is the nice part....
    you get 8k (or is it 7.5k ?) from FED for buying a house (first time buyer)

    If you get a real estate agent who is ready to give you 50% back on the comission you can get back around 7.5k (assuming the agent gets 3% comission)...I know those kind of agent exist for sure !!

    There is something I have heard about CA also giving you 10k for buying new homes...but I am not sure of this so will leave it out of the calculations...

    so total amount u get back....8k+ 7.5k = 15k approx..

    1st year expense = 23k
    1st year actual expense = 23-15 = 8 k

    which mean monthly rent = 8k/12 = $666 per month (it is like paying $666 rent for a 2 bedroom in cupertino school district)

    Will the property value go up ? I do not know (I wish I knew)...

    Is there a risk ? I would think yes....

    Percentage of risk ? I would think keeping in mind current prices the risk is low...

    I am not telling that you should buy or not buy....just provided one piece of the calculation....-;)

    All the best !



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  • immique
    07-14 01:56 AM
    really! can you give me the name of that high school that you are talking about. I want to find out if I can qualify as an EB2 Physician/Scientist if I go to that particular high school and get my high school degree. why the hell would any body waste 15 years going to college, Medical school, post graduate trying to get the required skills.

    I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.

    DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.

    Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.





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  • qasleuth
    03-25 04:05 PM
    Go back and read each and every line of what UN posted and you would understand.

    Should something bad happen (Which I dont understand why it would), .


    I do not understand either...OP says he/she does not want to spend a grand (not sure if it costs that much) in attorney fees while he is willing to spend time/money trying to immigrate to Alberta. Taking a fatalistic approach and hoping for the best seems to be the idea. Again good luck to OP.

    It is always good to utilize services of a good Attorney for complex situations. But anyways good luck.



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  • Macaca
    12-27 08:16 PM
    How Republicans prevailed on the Hill (http://www.weeklystandard.com/Content/Public/Articles/000/000/014/531oekhp.asp) By Whitney Blake | The Weekly Standard, 12/27/2007

    THE HOUSE AND SENATE squeezed through last-minute bills in a marathon session last week akin to the final exams period some members' college-aged children just muddled through. A bleary-eyed, sleep deprived House and Senate finally emerged with the passage of some key pieces of legislation on energy, the Iraq war, the alternative minimum tax, children's health insurance, and a massive omnibus spending bill. In the end, Republicans proved to be the more astute bunch, pushing through Bush's lame duck agenda despite their minority status.

    With Democrats emerging victorious just a year ago in the 2006 midterm elections claiming a mandate to drive the country in a new direction, one would have hardly predicted headlines like "Bush, GOP prevail in host of Hill issues" in the Associated Press, "Dems cave on spending" in the Hill, and the Politico's "Liberals lose bigtime in budget battle."

    Leading mainstream publications agreed that Democrats had surrendered to Republican demands, and the left's base was utterly furious at the outcomes. In reaction to the $70 billion Iraq and Afghanistan troop funding vote, comments such as, "You are kidding yourself if you think the Democratic party stands for anything--clearly they do not--This is an outrage," were posted on Daily Kos. Huffington Post entries included, "Democrats lose evey [sic] time becuase [sic] they are a pack of spineless cowards".

    Even Republicans were surprised with the outcome. Senate Minority Leader Mitch McConnell remarked, "If we had been having this press conference last January and I had suggested that a Republican minority in Congress would be able to meet the president's top line, you all would have laughed at me."

    "We couldn't have scripted this to work out better for Republicans they conceded almost every issue," said Rep. Paul Ryan, (R-WI).

    Not only did Democrats eventually meet Bush's required $933 billion appropriations spending level, they also capitulated on unconditional funding for the troops, an energy plan without corporate taxes, a one-year patch to the alternative minimum tax without additional taxes (a $50 billion violation of Democrats' pay-as-you-go principles), and a straight extension of SCHIP without a large expansion.

    At first, the record is baffling, but the explanation for Republican success is simple. Not only was superior "strategery" involved on the part of the minority, to borrow a word from Bush's lexicon, but equally important was Democrats' miscalculations.

    Republicans decided early on to stick together on issues such as taxes and Iraq, said one senior Republican aide. Democrats were much more fractured. One Washington Post headline declared, "Democrats Blaming Each Other for Failures." The article cited House Democrats accusing their Senate counterparts of selling out and folding. In December 2006, Reid said in an interview, "legislation is the art of compromise and consensus building and I'm going to compromise." House Democrats didn't embrace this theme.

    They either failed to realize or didn't want to realize that anything they proposed still had to meet approval in the Senate, where compromise and coalition building are unavoidable, with 60 votes required to move any legislation through. "It took some people 11 months to figure this out," said one senior Republican aide.

    From the beginning, House Speaker Nancy Pelosi set up a structure that didn't emphasize debate and hearings, said Republican California Rep. Kevin McCarthy. The controversial spots were never worked out in the far-left appeasing bills that passed through the House.

    Even after the Senate voted a resounding 88 to 5 in favor of an AMT patch without offsets in the beginning of December, the House passed another version, attached more taxes to make up for the lost revenue, and sent it back to the Senate. The Senate had to vote three times just to show the House Democrats that it did not have the required 60 votes to pass a patch with offsets.

    Democrats were not only divided, they also misjudged the public's perception. The "general aversion to tax hikes" worked to the Republicans' advantage, and the overall success of the war in Iraq also played a key factor, said the senior Republican aide.

    Sen. Majority Leader Harry Reid commented right before the recess, "I share the frustration of the American people who want to see real change." But Republicans argue Reid's idea of change is not in line with that of most Americans.

    They "got the wrong message from the election," which wasn't one of a "repudiation of conservative values," said Ryan. It was a call for "clean and transparent government."

    They "overreached" after the honeymoon period and "frittered away" high expectations "by taking a sharp turn to the left," he added.

    A CNN/USA Today poll taken back in May and June revealed that 57% of Americans favored making permanent the Bush tax cuts, while 37 percent wanted to repeal the temporary cuts. On the broader fiscal topics of taxes, government spending, and regulations for businesses, 41 percent of Americans consider themselves "conservative," 43 percent "moderate," and just 12 percent "liberal," according to a Rasmussen Reports study released about a month ago.

    Some Republicans admit Democrats could have gotten more of what they wanted had they played their cards right. Democrats had a "missed opportunity," said McCarthy, who has experience in a closely divided legislature as a former Republican floor leader in the California State Assembly.

    The majority could have still put forth very partisan bills at the outset, but "come back to where common ground was," said McCarthy. Democrats would have "enjoyed much more success" in the center, said Ryan.

    Some Republicans were reportedly amenable to partial offsets to the AMT. Perhaps if Democrats had not held onto appropriations spending $23 billion above Bush's request for so long, there would have been more time left to avoid axing the entire difference. Or if taxes were not as high as $22 billion for energy companies in the Democrats' version of the energy bill, some taxes may have been part of the compromise.

    But Democrats "were more interested in making a point than making law," said Don Stewart, communications director for Sen. Minority Leader Mitch McConnell. It didn't get them very far: They essentially handed Republicans their agenda on a platter at the eleventh hour to prevent a government shutdown.

    In the end, Democrats were "driven by the clock and not by the product of what's created," McCarthy added. Serious negotiations could have occurred much earlier in the year, instead of holding out stubbornly until the end of the session when all eyes were on several major unresolved bills. Sensible bipartisan compromises in piecemeal over the year look much more authoritative, organized, and productive than the harried disarray that unfolded in the past month.

    Incidentally, according to McConnell, the only truly bipartisan piece of legislation where genuine compromise was part of the equation was ethics reform, signed into law in September. But even Democrats, who heralded the landmark reforms, took advantages of the loopholes in the bill to insert about 300 air dropped earmarks which had not been taken up by either the House or Senate on the floor or as part of a vote.

    Now, with the Democrats' base up in arms, the Democrats' infighting publicly aired, and the minority declaring victory, backed up by the mainstream media no less, the bills don't even appear bipartisan. Democrats came out with the short end of the stick, even though the odds were clearly in their favor after the midterm elections.

    While Hillary is busy wrapping up universal health care, and "bring troops home" presents for potential voters, Democrats won't be able to deliver these or any other promised initiatives this Christmas season.





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  • sc3
    07-14 10:35 AM
    There is a lot of FUD being spread around this thread. Let me try to dispel one.

    1: Reverting rollover will only benefit EB3-ROW.

    WRONG!!. As stated in other threads the spillovers are used on whoever has been waiting the longest. That is the guiding principle that is allowing EB2-I getting the GCs ahead of China. If not it was high time the Chinese priority date becomes current. If we revert back the spill-over utilization, whoever has been waiting the longest, gets the GC first. So stop your FUD.


    People dont get sidetracked by the nay-sayers. If you would like to write to anyone, do write. If not anything else, we will at least get to hear back from the people whom we wrote to.

    People who are saying "IV does not support it, do dont do it". Excuse me, IV does not run our lives. If we want to help ourselves, we ought to be able to do it. Yes, we should not use IV's name without its authorization, that is wrong.

    People who say, I am EB3, but I think EB2s are right (in the sense that they are more entitled, they need to get the visas ahead of us etc. etc), good for you, but dont pull down those who don't agree with you. We have a brain to think for ourselves.



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  • ns33
    07-13 12:20 AM
    Great Job - Thanks for taking initiative... everyone please pitch in.





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  • krishna.ahd
    12-27 05:26 PM
    I believe one more time - our spineless creatures/politicians - wasted chance of cleaning up terrorist camps - at least for now



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  • ZeroComplexity
    08-05 03:07 PM
    Nothing great ever happens by trying to undermine each other. Laws are laws, some fair and some unfair, just deal with it and focus on remedying the whole broken system.





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  • ns33
    07-13 12:20 AM
    Great Job - Thanks for taking initiative... everyone please pitch in.



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  • brij523
    07-07 09:50 PM
    1) Contact Senator office. Which you did!! But have you called all the Senator from your state. Keep matter confidential between Senator office.

    2) Which center has your application? If it is Nebraska, then you can talk to an Immigration Officer by dialing these sequence of number

    1-800-375-5283, press 1..2..2..6..1..your case number..1..
    wait for the automated status message then. select.3..4

    3) Take Infopass appointment to meet an officer. Take all immigration paper. Tell your problem. Hope you get some help

    4) Call customer service - 1-800-375-5283 and talk to rep.

    Best of luck





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  • gomirage
    06-05 07:18 PM
    Sorry but no matter how you spin it, owning a home is better than renting. Renting is not smart. period. your money is gone every month. You are not getting that money back.

    When you own a home, the money goes towards a mortgage, and although most of it goes to interest at first, all interest paid is tax deductible which is a huge chunk of change every year. I get more money back as an owner than a renter and in the long run I save more AND own the home.

    30 year renter vs 30 year home owner? That is not rocket science.

    It's not rocket science, just common sense. In case you are aware, lot of people on this forum don't have gc in hand. What will they do if they decide to leave due to gc taking too long to come through. Ask they bank to give back the money they spend on stupid interest for 10 years for a house upside down ?

    Common sense is to rent until you are sure you're staying for good.



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  • bhatt
    06-05 09:41 PM
    Does anyone know that the closing has to be before November 30th in order to get this 8K tax benefit?

    My advice don't buy just for the 8k tax benefit. The reatlors main weapon is this 8k tax credit now. In NJ/NY it is less than the property tax u r paying for one year. In other places with less house prices it may be good.





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  • satishku_2000
    04-12 01:01 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.


    You are not in trouble because of "CONSULTANTS", You are in trouble because country of your birth , because you did not get into queue earlier enough.

    I am strictly talking about greencard retrogession here.



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  • xyzgc
    12-24 03:01 PM
    I heard about Prithvi Raj killing Ghori and it's called Shbda Bhedi Bana Vidya.
    They say that Prithvi raj knew Shabda Bhedi vidya.

    Correct, that's what the legend says. However the point here is that the bad practice of insulting Prithviraj by making tourists and visitors step on his grave is still followed in Afghanistan!

    Worst part, it were the Afghans who attacked Pakistan, although I'm sure Pakis will say it was Indians who attacked Afghanistan just as they said Hindu fundamentalists attacked Mumbai!:D
    I'm sometimes amazed how much a religion can drive a person crazy! It will make people believe anything.

    An interesting bit of history about Chauhans.
    http://en.wikipedia.org/wiki/Chauhan
    In India, Chauhans are predominantly Hindu. In, Pakistan Chauhans are virtually all Muslim. The tribe and descendants of Prithvi Raj Chauhan were captured by Shahab ud din Ghori, while travelling through salt range on way to Afghanistan on night Gakhars of region attacked and killed the Ghori warrior and Chohans escaped to the hills and converted to Islam. The descendants of Chohan are found in Chakwal region and salt range.
    Chauhan Rajputs also converted to Sikhism though most of them call themselve Jatts now but they have common heritage with Chauhan Rajputs.Most of them are from Yamuna Nagar, Ambala district from Haryana.





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  • pappu
    04-07 05:22 AM
    I guess the only way US of A will ever understand its worth in the world is when: (I am just referring to hypocritical US of A'ans, there are good people too.)

    1) India and China stop sending so many Engineers and doctors.
    2) China and south-east Asia stop supplying Nike's and toilet paper to Walmart's


    I guess the positive side of this H1 bill will be further development of Indian and Chinese economies via decreased brain-drain. I guess it already slowed down (to a trickle?!) quite a bit in the past few years and I Hope this bill plugs the leaks too. Hurray! No more brain drain from India and China.

    Why didn't this happen a few years ago and I wouldn't even have had any regrets being in US of A ever. Yikes!
    please update your profile with full details. We cannot allow profiles with email addresses like name@name.com and no inormation about yourself. Despite repeated requests members have not updated their profiles. We maybe calling members on the forum now publicly so that they update their profiles. When we send out newsletters for any important announcement, they bounce due to email addresses like name@name.com





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  • vghc
    01-07 03:36 PM
    Thats why these killings happen. Now you agree. Thats why you guys are killing school kids also. Because you see them as potential terrrorist. This is the truth.

    Dunno man.....them people are raising their kids to be terrorists....i am worried what they would do to innocent people when they grow up. Go search on YouTube or LiveLeak for Palestine Children and its disturbing what these school kids are learning to become. I don't know of any culture that raises their young ones to hate like that.





    validIV
    06-26 10:20 AM
    Renting is not throwing money away..why ? for one - you get a place to stay, flexibility, maintenance / property tax paid by property owner, you can rent closer to your work and move around as per needs etc etc.. housing has its own benefits (but renting has its own too .."it is not as easy as saying renting is throwing money away" ..I have been asked to write about this in detail in the IV wiki ..will post a link here later

    ok if its not throwing money away, how do you get the money back you spent on renting? Nothing you said above answers that question.





    aadimanav
    07-13 11:45 PM
    Actually Version 2 is the latest draft:
    http://immigrationvoice.org/forum/showthread.php?p=262392#post262392

    Excellent letter. - I support even I am EB2.

    One should not point other category and ask for the right.



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