ak_2004
05-06 10:16 PM
Hi friends,
My husband and me work for the same company now. He applied in EB3 (India) and PD date with December 2006. I-140 approved and I-485 applied in July 2007. Got EAD and AP for both but still working on H1B (Not used EAD and AP).
From other company, in 2007, I applied for labor substitution and it is approved yesterday, which has PD Nov 2004 (EB3 - India). One of my friend working for this company and I got the reference last moment and I was not hoping for this approval.
Now I have to switch to this company as the company management are asking me to join the company. I read many threads in this forum and this thread too about multiple filings of I485s and withdraw one while applying other.
I read some people had no problems with multiple I-485s. But Murthy's advice is against this while others like Rajiv in favour of this.
Please advice me what could be the best in my case.
I have PG in engineering (CS) from India.
Thanks in advance
My husband and me work for the same company now. He applied in EB3 (India) and PD date with December 2006. I-140 approved and I-485 applied in July 2007. Got EAD and AP for both but still working on H1B (Not used EAD and AP).
From other company, in 2007, I applied for labor substitution and it is approved yesterday, which has PD Nov 2004 (EB3 - India). One of my friend working for this company and I got the reference last moment and I was not hoping for this approval.
Now I have to switch to this company as the company management are asking me to join the company. I read many threads in this forum and this thread too about multiple filings of I485s and withdraw one while applying other.
I read some people had no problems with multiple I-485s. But Murthy's advice is against this while others like Rajiv in favour of this.
Please advice me what could be the best in my case.
I have PG in engineering (CS) from India.
Thanks in advance
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gc_chahiye
06-24 07:25 PM
Can you add a dependent after your 485 is approved?
my lawyer said yes, the important things are that:
1. you must be married before teh I-485 is approved; otherwise the dependent needs to be sponsored under family petition etc. However note that in this case the dependent would be starting his/her I-485 at that point (when you are already approved) so will 'catch up' to approval later (and if dates retrogress, then the dependent is 'stuck' longer, without GC, while you will have your GC and all related benefits (ability to stop working, change types of work etc))
2. the date needs to be current for the dependent to file, but the fact that you got approved means that your PD is current (as you can only get approved when your PD is current)
Also, if I become a beneficiary on my wife's application, will I be able to maintain my H-1 status, and keep on renewing it?
yes you can continue on your H1
My wife and I are now leaning towards independent filing, with no beneficiary for now.
we are still undecided, same boat. Warnings from some attorneys (as Pappu has pointed out above) are making us think of filing independently, with teh risk that one person gets GC first and the other would than tag along maybe an year or whatever late depending on how dates move/stay.
what do your lawyers say about multiple 485 filings?
my lawyer said yes, the important things are that:
1. you must be married before teh I-485 is approved; otherwise the dependent needs to be sponsored under family petition etc. However note that in this case the dependent would be starting his/her I-485 at that point (when you are already approved) so will 'catch up' to approval later (and if dates retrogress, then the dependent is 'stuck' longer, without GC, while you will have your GC and all related benefits (ability to stop working, change types of work etc))
2. the date needs to be current for the dependent to file, but the fact that you got approved means that your PD is current (as you can only get approved when your PD is current)
Also, if I become a beneficiary on my wife's application, will I be able to maintain my H-1 status, and keep on renewing it?
yes you can continue on your H1
My wife and I are now leaning towards independent filing, with no beneficiary for now.
we are still undecided, same boat. Warnings from some attorneys (as Pappu has pointed out above) are making us think of filing independently, with teh risk that one person gets GC first and the other would than tag along maybe an year or whatever late depending on how dates move/stay.
what do your lawyers say about multiple 485 filings?
pani_6
08-21 08:47 PM
current Visa bullettin does not give any info about next months...its talks about other workers..can you point to the sentence where it says it going to be april01-nov 01??..
Besides..you have been waiting very long from 01..just like me..incruiating..wait..
The current visa bulletin says EB3 PDs may go back to the level that was in June 08 visa bulletin or worser. So it is very likely that EB3 will be anywhere between Apr 2001 to Nov 2001. Personally I would be happy if it remained at least beyond May 2001.
I dont see EB3 moving to 2002 unless USCIS wants to agressively move it forward, so that they can continue their unfair trend of procesing some out of order low hanging fruit cases in EB3 category, just because they are sitting on the top of their applications pile, even if they had much later PDs. Just like they are doing with EB2
What will unite people is to fight against the common pain point... *Unfair advantage given to out of order applicants* , whether it be EB2 or EB3, who are much later in the queue, but some how are on the top of application piles, and easily accessible to IOs- who are making DOS move the PDs, just so that they can clear of their tables by approving these cases, rather than trying to access applications in FIFO and follow a fair process.
The whole EB2-EB3 divide arose out of this unfair practice of USCIS. Which just on their whim move PDs forward , be it EB3 or EB2. It just happened, that EB2 date has been moved more aggressively, probably because there is less backlog there. But looking at all the EB2 people still waiting with 2003, 2004 PDs while 2006 are getting approvals, indicates that the real problem is USCIS not doing due diligence to identify the right cases to be processed next and get the exact count of such cases.
Just asking them to recapture visa numbers or cyring foul against wasted numbers etc will still not solve the problem unless we also FORCE them to follow FIFO and process cases FAIRLY. And do their due diligence to spend some time and put their application piles in proper order. Otherwise USCIS will continue to use these recaptured visas and use them to approve FU***&G Out of Order cases and manipulate & play the system to achieve that by jumping around the PD up/down/'U' and what not, just so because it is *convenient* for them to do so.
Besides..you have been waiting very long from 01..just like me..incruiating..wait..
The current visa bulletin says EB3 PDs may go back to the level that was in June 08 visa bulletin or worser. So it is very likely that EB3 will be anywhere between Apr 2001 to Nov 2001. Personally I would be happy if it remained at least beyond May 2001.
I dont see EB3 moving to 2002 unless USCIS wants to agressively move it forward, so that they can continue their unfair trend of procesing some out of order low hanging fruit cases in EB3 category, just because they are sitting on the top of their applications pile, even if they had much later PDs. Just like they are doing with EB2
What will unite people is to fight against the common pain point... *Unfair advantage given to out of order applicants* , whether it be EB2 or EB3, who are much later in the queue, but some how are on the top of application piles, and easily accessible to IOs- who are making DOS move the PDs, just so that they can clear of their tables by approving these cases, rather than trying to access applications in FIFO and follow a fair process.
The whole EB2-EB3 divide arose out of this unfair practice of USCIS. Which just on their whim move PDs forward , be it EB3 or EB2. It just happened, that EB2 date has been moved more aggressively, probably because there is less backlog there. But looking at all the EB2 people still waiting with 2003, 2004 PDs while 2006 are getting approvals, indicates that the real problem is USCIS not doing due diligence to identify the right cases to be processed next and get the exact count of such cases.
Just asking them to recapture visa numbers or cyring foul against wasted numbers etc will still not solve the problem unless we also FORCE them to follow FIFO and process cases FAIRLY. And do their due diligence to spend some time and put their application piles in proper order. Otherwise USCIS will continue to use these recaptured visas and use them to approve FU***&G Out of Order cases and manipulate & play the system to achieve that by jumping around the PD up/down/'U' and what not, just so because it is *convenient* for them to do so.
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mundada
01-24 02:54 PM
There is a direct Air India service from JFK to Mumbai, painful commute if living in NJ but for those closer to JFK, this is the best flight they can have. The flight was recently launched, everyone has personal programming, Indian food, enough leg space etc. Surprisingly it is Air India! But then...
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mbawa2574
04-24 04:25 PM
This guy doesn't have a clue. He is deviating so much from the core US policy, I don't know where it might end. I wonder whether we are better off with the last one????
If Obama signs this bill into a law, this will be the end of Capitalism and some extent Indo-US relations. India may drag US at WTO followed by backlash here. so this will make things for immigrants really tough in this country. So go figure out....Obama & socialism loving maniacs. Durban & Grassley did not have permission to visit Bush's whitehouse. But ofcourse Obama loves these clowns.
If Obama signs this bill into a law, this will be the end of Capitalism and some extent Indo-US relations. India may drag US at WTO followed by backlash here. so this will make things for immigrants really tough in this country. So go figure out....Obama & socialism loving maniacs. Durban & Grassley did not have permission to visit Bush's whitehouse. But ofcourse Obama loves these clowns.
Edison99
10-07 09:41 AM
fatjoe - Good luck with your effort!
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gchope07
06-21 09:18 PM
In filing for I-485 no one has mentioned copy of I-140 or copy of Labor cert.
My question is how does USCIS tally an AOS application to an already approved I-140 or labor certifcation and find out the PD for the application?
My question is how does USCIS tally an AOS application to an already approved I-140 or labor certifcation and find out the PD for the application?
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chanduv23
01-10 01:19 PM
IV has not done anything that could have a negative impact on your green card processing. IV is striving hard to change your lives.
Shame on those who are scared or pessimistic. All you people do is to gaze at the sky and wait for the stars to fall.
If you are so scared - how will u raise your children? What will u teach them? Cowardice? Will U teach them to run away from issues? Will u teach them how to not cooperate?
Shame on those who are scared or pessimistic. All you people do is to gaze at the sky and wait for the stars to fall.
If you are so scared - how will u raise your children? What will u teach them? Cowardice? Will U teach them to run away from issues? Will u teach them how to not cooperate?
more...
dreamworld
09-24 09:52 AM
In essence what the memo seems to state is that I can have another employer file an I-140 petition, and if approved, simply substitute the I-140 in my existing I-485.
Is that right?
jazz
Not to my understanding.
I believe you can do interafiling if you have two approved i140 from the same employer and you have a pending 485 and the later 140's PD is current.
Is that right?
jazz
Not to my understanding.
I believe you can do interafiling if you have two approved i140 from the same employer and you have a pending 485 and the later 140's PD is current.
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jfredr
06-29 05:13 PM
06/29/2007: American Immigration Law Foundation (AILF) Seeks Plaintiffs for the Lawsuit on Visa Bulletin Fiasco
The AILF is an affiliate of the AILA and its litigation arm. They are seeking the victims who would participate as plaintiffs in the lawsuit by the organization against the government agencies relating to the outrageous and lawlessness of the agencies involving the management of immigrant visa numbers and implementing the visa bulletin in compliance with the law. Please contact your attorneys if you are willing to participate in the lawsuit.
The AILF is an affiliate of the AILA and its litigation arm. They are seeking the victims who would participate as plaintiffs in the lawsuit by the organization against the government agencies relating to the outrageous and lawlessness of the agencies involving the management of immigrant visa numbers and implementing the visa bulletin in compliance with the law. Please contact your attorneys if you are willing to participate in the lawsuit.
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gc_on_demand
09-09 12:01 PM
Called up all the above
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Sri_1975
06-22 12:13 PM
Hi Guys any updates..
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kshitijnt
04-17 07:59 PM
After numerous job searches and process I have been associated with, I have found following things:
All skilled people get the job they want. Hiring process in US is very slow and if you hold your ground eventually employers agree to your demands. I understand that the applicant here wants to work for capital 1. However, I would not advise on confronting an HR person directly. That may play against your long term interest with the company. Listen to whatever HR says and just thank them and say if there is any future opportunity you will be willing to consider.
After that report the matter to DOJ. Do not come across as someone who is creating trouble for employer. You will make your case difficuilt for future opportunities with that employer. AOS, 485 are all temporary things but you and capital 1 are staying there for ever. So report such cases without employers getting any hint of who did it.
All skilled people get the job they want. Hiring process in US is very slow and if you hold your ground eventually employers agree to your demands. I understand that the applicant here wants to work for capital 1. However, I would not advise on confronting an HR person directly. That may play against your long term interest with the company. Listen to whatever HR says and just thank them and say if there is any future opportunity you will be willing to consider.
After that report the matter to DOJ. Do not come across as someone who is creating trouble for employer. You will make your case difficuilt for future opportunities with that employer. AOS, 485 are all temporary things but you and capital 1 are staying there for ever. So report such cases without employers getting any hint of who did it.
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srini1976
09-23 05:43 PM
The total number of applications excluding EB2, EB3 are 7,653.
The total visa's per annum -> 140,000
Considering that there would be more applications during the year from non-retrogressed countries/categories ..it is evident now that there won't be more than 5K such applications. On pessimistic side even if we consider 10K such applications, The visas available for retrogressed EB2 and EB3 should be around 120K this year.
Total pending EB2 is 74,932. So EB2 should be Current for all countries this year.
EB3 should get around 40K visas this year.
Any one disagrees?
If everything goes well(based on the numbers). Most likely you and I (including - others ahead in the line) should be GREENED by same time NEXT YEAR(Sep 2010). :D
The total visa's per annum -> 140,000
Considering that there would be more applications during the year from non-retrogressed countries/categories ..it is evident now that there won't be more than 5K such applications. On pessimistic side even if we consider 10K such applications, The visas available for retrogressed EB2 and EB3 should be around 120K this year.
Total pending EB2 is 74,932. So EB2 should be Current for all countries this year.
EB3 should get around 40K visas this year.
Any one disagrees?
If everything goes well(based on the numbers). Most likely you and I (including - others ahead in the line) should be GREENED by same time NEXT YEAR(Sep 2010). :D
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mundada
03-24 03:59 PM
Take printouts of emails, walk to a lawyer, file a lawsuit, chill for couple of months, and take home your loot!
This is illegal discrimination!
This is illegal discrimination!
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leo2606
07-31 07:19 PM
What happens if we type incorrect A# on spouse application, are they going to send RFE or case will be denied?
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pappu
06-21 12:17 PM
There are several threads on the subject of multiple 485 filing. These days everyone is starting a new thread, with their question without looking at existing threads and sometimes people do not even put a title that is easy to know.
if a member who is in need of an answer to this question, can volunteer to search the forum and find the relavant posts on this topic and put their link/ copy paste on this thread, it will help everyone.
There are several members with multiple I140 approved and both husband and wife wish to apply for their I485 to be safe.
if a member who is in need of an answer to this question, can volunteer to search the forum and find the relavant posts on this topic and put their link/ copy paste on this thread, it will help everyone.
There are several members with multiple I140 approved and both husband and wife wish to apply for their I485 to be safe.
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snathan
03-29 12:33 PM
ImmInfo Newsletter: India EB2 cutoff dates to advance in May (http://www.imminfo.com/News/Newsletter/2011-3-31/India-eb2-to-advance-in-may.html)
Based on just released information, it appears that India EB2 cutoff dates will advance, perhaps substantially, in May. China EB2 cutoff dates will also advance. The American Immigration Lawyers Association (AILA) reports that they were told the following by Charlie Oppenheim, Chief, Immigrant Visa Control and Reporting Division, U.S. Department of State:
“[US]CIS says they have seen a decline in filings, and does not expect a change in the number use pattern. Therefore, this decline in EB-1 number use will allow me to begin having those ‘otherwise unused’ numbers drop down and be available for use in the EB-2 category. Based on current indications, that would mean that at least 12,000 additional numbers will be available to the EB-2 category. This situation will allow me to advance the India EB-2 cut-off date for May. The reason being that all ‘otherwise unused’ numbers are provided strictly in priority date order, and the India demand has the largest concentration of early dates.”
There have been two reasons for China and India EB2 cutoff dates not moving forward as rapidly as had been the case in the past. The first is the unusually high demand for EB1 numbers and the second has been the increased demand for EB2 numbers represented by EB3 to EB2 upgrades.
The significance of this announcement is that it appears that the recent surge in demand for EB1 visa numbers has abated. The CIS reports that this demand slowed down in October, 2010 and has not resumed. Presumably, this means that substantially most the EB2 applicants who felt that they could upgrade to EB1 have now filed the petitions and had them adjudicated. If this is the case, then the number of unused EB1 numbers will increase back to previous levels and become available for use by EB2 applicants.
================================================== ==================
P.S : the EB1 filing reduced may be because the Indian IT companies stopped filing EB1C ? Its just my thought
Based on just released information, it appears that India EB2 cutoff dates will advance, perhaps substantially, in May. China EB2 cutoff dates will also advance. The American Immigration Lawyers Association (AILA) reports that they were told the following by Charlie Oppenheim, Chief, Immigrant Visa Control and Reporting Division, U.S. Department of State:
“[US]CIS says they have seen a decline in filings, and does not expect a change in the number use pattern. Therefore, this decline in EB-1 number use will allow me to begin having those ‘otherwise unused’ numbers drop down and be available for use in the EB-2 category. Based on current indications, that would mean that at least 12,000 additional numbers will be available to the EB-2 category. This situation will allow me to advance the India EB-2 cut-off date for May. The reason being that all ‘otherwise unused’ numbers are provided strictly in priority date order, and the India demand has the largest concentration of early dates.”
There have been two reasons for China and India EB2 cutoff dates not moving forward as rapidly as had been the case in the past. The first is the unusually high demand for EB1 numbers and the second has been the increased demand for EB2 numbers represented by EB3 to EB2 upgrades.
The significance of this announcement is that it appears that the recent surge in demand for EB1 visa numbers has abated. The CIS reports that this demand slowed down in October, 2010 and has not resumed. Presumably, this means that substantially most the EB2 applicants who felt that they could upgrade to EB1 have now filed the petitions and had them adjudicated. If this is the case, then the number of unused EB1 numbers will increase back to previous levels and become available for use by EB2 applicants.
================================================== ==================
P.S : the EB1 filing reduced may be because the Indian IT companies stopped filing EB1C ? Its just my thought
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anotherone
01-29 06:47 PM
OK, unless you never initiated the EAD conversation, technically they are supposed to ask ONLY if you are legally authorized to work in the US or you need sponsership.
OTOH I really dont like the idea of having to be quiet and hide my status. Its not something that I should be ashamed of. I have paid my dues dammit and lived here all these years. The immigraton folks should clarify this once and for all, so whoever is waiting for their GCs can think clear and hard if this shit worth it.
After spending half my life working for this, they turn around and say its not valid for employment ? not fair.
I was gungho with my EAD, very pleased that I could work for whoever. Seriously, I think sometimes that its better to go back. Its not like this great country is making it easy for people to contribute their skills.
OTOH I really dont like the idea of having to be quiet and hide my status. Its not something that I should be ashamed of. I have paid my dues dammit and lived here all these years. The immigraton folks should clarify this once and for all, so whoever is waiting for their GCs can think clear and hard if this shit worth it.
After spending half my life working for this, they turn around and say its not valid for employment ? not fair.
I was gungho with my EAD, very pleased that I could work for whoever. Seriously, I think sometimes that its better to go back. Its not like this great country is making it easy for people to contribute their skills.
chanduv23
06-12 12:18 PM
I support you L1Fraud.
Guys: This has become a major problem at every place. If we do not take any action, every one of us will be replaced by these BIG outsource companies with L1 and B1.
I already reported this to ICE about violations of CTS which has placed their L1's at client's place for the past 2 years. And still they have several people.
You may not believe their pay. I do not want to put a number here and it will be a shame on CTS for misusing L1. They replaced 18 American Workers at my client's pace. Whatever you guys might think, this is a FRAUD.
As you are a very active IV member and helped with so many campaigns. I would request you to take an additional step towards resolving such issues.
(1) Voilating the law is not right and we must all be against it
(2) If you are concerned about L1 fraud - please make a case by writing a detailed document.
(3) Gather people who think their job is at threat because of FRAUD and form a group
(4) Talk to lawyer and seek opinion
(5) Understand the process and collectively report to appropriate authorities to take action
(6) Talk to your law makers
(7) Run a strong campaign on IV- gather support from other organizations etc..
(8) Keep everything open - like posting everything on forums and nothing to hide.
THE OP SEEMS TO BE AN ANTI IMMIGRANT. HE/SHE HAS NOT REVEALED THE IDENTITY AND MAY NOT BE HELPFUL - HE/SHE IS TRYING TO STIR UP SUCH DISCUSSIONS WITH SOME AGENDA WHICH WE DO NOT KNOW.
IF THE OP IS GENUINE AND SERIOUS HE/SHE MUST REVEAL IDENTITY AND HONESTLY WORK WITH THE ORGANIZATION AND UTILIZE THE RESOURCES AND HELP THE GOVT IN WORKING TO PUT THINGS IN PERSPECTIVE.
Guys: This has become a major problem at every place. If we do not take any action, every one of us will be replaced by these BIG outsource companies with L1 and B1.
I already reported this to ICE about violations of CTS which has placed their L1's at client's place for the past 2 years. And still they have several people.
You may not believe their pay. I do not want to put a number here and it will be a shame on CTS for misusing L1. They replaced 18 American Workers at my client's pace. Whatever you guys might think, this is a FRAUD.
As you are a very active IV member and helped with so many campaigns. I would request you to take an additional step towards resolving such issues.
(1) Voilating the law is not right and we must all be against it
(2) If you are concerned about L1 fraud - please make a case by writing a detailed document.
(3) Gather people who think their job is at threat because of FRAUD and form a group
(4) Talk to lawyer and seek opinion
(5) Understand the process and collectively report to appropriate authorities to take action
(6) Talk to your law makers
(7) Run a strong campaign on IV- gather support from other organizations etc..
(8) Keep everything open - like posting everything on forums and nothing to hide.
THE OP SEEMS TO BE AN ANTI IMMIGRANT. HE/SHE HAS NOT REVEALED THE IDENTITY AND MAY NOT BE HELPFUL - HE/SHE IS TRYING TO STIR UP SUCH DISCUSSIONS WITH SOME AGENDA WHICH WE DO NOT KNOW.
IF THE OP IS GENUINE AND SERIOUS HE/SHE MUST REVEAL IDENTITY AND HONESTLY WORK WITH THE ORGANIZATION AND UTILIZE THE RESOURCES AND HELP THE GOVT IN WORKING TO PUT THINGS IN PERSPECTIVE.
acecupid
06-16 10:21 AM
Thanks for your reply.
what is the meaning of staff augmentation case? He work at client place and client is administered project.The s/w tool is copyright by client.The reason for asking him to come back is that prior to this company he worked for another company for two years. He left his old company before 5 year. when he joined his current company he has provided all the document mentioned in checklist such as offer letter, exp and releiving letter and last two month pay stub and they did BG for same document.During 5 years career he worked for diff client and everytime they did BG for him before putting him in project and there was no problem happen in his BG. recently his current employer find something wrong about his prior company and they asked him to provide more evidance for prior company.now he don't have any contact of his prior employer and he does not have any more evidnace for showing their company.
Because of this reason they are asking him to come back home country from last two week.He told his company that he tryed to connect his prior employer but he can not make out and he don't have anything more to show the company.
Please suggest what he can do in this situation.
If anyone come across in this situation then please reply to my question.
Appericiate your help in advacne
Is this your friend's story or your story ? :confused: On another thread you quoted the above as your story. Whats going on buddy ?
what is the meaning of staff augmentation case? He work at client place and client is administered project.The s/w tool is copyright by client.The reason for asking him to come back is that prior to this company he worked for another company for two years. He left his old company before 5 year. when he joined his current company he has provided all the document mentioned in checklist such as offer letter, exp and releiving letter and last two month pay stub and they did BG for same document.During 5 years career he worked for diff client and everytime they did BG for him before putting him in project and there was no problem happen in his BG. recently his current employer find something wrong about his prior company and they asked him to provide more evidance for prior company.now he don't have any contact of his prior employer and he does not have any more evidnace for showing their company.
Because of this reason they are asking him to come back home country from last two week.He told his company that he tryed to connect his prior employer but he can not make out and he don't have anything more to show the company.
Please suggest what he can do in this situation.
If anyone come across in this situation then please reply to my question.
Appericiate your help in advacne
Is this your friend's story or your story ? :confused: On another thread you quoted the above as your story. Whats going on buddy ?
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