vinabath
07-20 12:44 PM
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet - Schedule A applicant)
I think you can start another job with the same job description. EAD is not tied to the employer. It is tied to you. AC21 is a blessing for us in this regard.
After 180 days, you are free and you almost got virtual GC except that you need to work in the same job description and maintain character.
I think you can start another job with the same job description. EAD is not tied to the employer. It is tied to you. AC21 is a blessing for us in this regard.
After 180 days, you are free and you almost got virtual GC except that you need to work in the same job description and maintain character.
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GCBy3000
01-03 05:40 PM
It is your perspective. Do not bash like this about India in public forums. Feel free to experss yourselves but be honest and tell the truth.
I do not agree with overall bashing about India. It is not that bad as you have told. I have lots of friends who are neither engineers nor doctors, but doing very great job. There are accountants, lawyers, teachers, professors and self employed people who are all doing good and great.
Yes, infrastructure is bad. But it is all relative comparision. India is doing good and will do good. You have freedom to do whatever you like. Education system is good everywhere inlcuding villages. Opportunities will not chase you, you have to chase them and it is true everywhere in the world.
GC Cons:
1.You cannot enjoy the company of your parents/relatives.
2.Your wife cannot work.
GC Pros:
1.You and your family will be raised in a pollution free environment.
2.God forbid,if you ever get into an accident the cop would at least write down a complaint.If there is an emergency there would be an ambulance.My father had to go through this unfortunate experience.
3.In India, given the real estate boom , anyone who has land in cities like Mumbai /Pune would rather build a mall or residential complex instead of Schools/Colleges.People are getting jobs now. Have they wondered where their kids will go to school/college? When it comes to getting jobs in India, everyone wants a candidate from a reputed college / university which is usually associated with the number of years the place has been around.
4.If you want to settle outside cities, then you do not have access to the best in education and whatever so called infrastructure is there to offer.
5.Back home, if your kid does not grow up to become a Doctor or Engineer he/she goes so much down in the social hierarchy that it is difficult to imagine.Only careers available are Doctors/Engineers.Last option is to join call center and live a nocturnal life.
5.Infrastructure?
6.The job hierarchies in India are mostly namesake , at least in IT. The moral compass of Indian corporate world is pointing directly,constantly, and unerringly to hell. You will notice a "Sir-jee" system very soon after you start working there.
7.On a last note, with a surge in purchasing power it is immature to declare India a developing/developed nation so soon. That tile is at least 500 years away and we have not started making the ground work yet(the Chinese have).
I do not agree with overall bashing about India. It is not that bad as you have told. I have lots of friends who are neither engineers nor doctors, but doing very great job. There are accountants, lawyers, teachers, professors and self employed people who are all doing good and great.
Yes, infrastructure is bad. But it is all relative comparision. India is doing good and will do good. You have freedom to do whatever you like. Education system is good everywhere inlcuding villages. Opportunities will not chase you, you have to chase them and it is true everywhere in the world.
GC Cons:
1.You cannot enjoy the company of your parents/relatives.
2.Your wife cannot work.
GC Pros:
1.You and your family will be raised in a pollution free environment.
2.God forbid,if you ever get into an accident the cop would at least write down a complaint.If there is an emergency there would be an ambulance.My father had to go through this unfortunate experience.
3.In India, given the real estate boom , anyone who has land in cities like Mumbai /Pune would rather build a mall or residential complex instead of Schools/Colleges.People are getting jobs now. Have they wondered where their kids will go to school/college? When it comes to getting jobs in India, everyone wants a candidate from a reputed college / university which is usually associated with the number of years the place has been around.
4.If you want to settle outside cities, then you do not have access to the best in education and whatever so called infrastructure is there to offer.
5.Back home, if your kid does not grow up to become a Doctor or Engineer he/she goes so much down in the social hierarchy that it is difficult to imagine.Only careers available are Doctors/Engineers.Last option is to join call center and live a nocturnal life.
5.Infrastructure?
6.The job hierarchies in India are mostly namesake , at least in IT. The moral compass of Indian corporate world is pointing directly,constantly, and unerringly to hell. You will notice a "Sir-jee" system very soon after you start working there.
7.On a last note, with a surge in purchasing power it is immature to declare India a developing/developed nation so soon. That tile is at least 500 years away and we have not started making the ground work yet(the Chinese have).
senthil1
07-06 01:34 PM
If they would not have approved 25k cases in 2 days still they could change the cut off date instead of making unavailable. In any case accepting 500k to 700k applications when Visa number not available might create more problems for USCIS than current mess. I think USCIS well aware of potential lawsuit as they got opposition for similar thing for EB3 other workers in June. There is no strong motive for Scandals as no one gets Finanicial benefit in USCIS or DOS. It needs to be seen how Courts will handle Adminstrative mess up. It is highly unlikely for courts to order USCIS to accept I485 even if they find violation of law. But if court considers the lawsuit it will be used to fix some of the issues in VB regulations
07/07/2007: State Department Record of EB Visa Number Authorization Involving Current Fiasco
According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June 30 and July 1 (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Unconformed sources indicate that they processed and approved (?) a substantial number of application on Sunday, July 1, exhausting the EB numbers by July 1 and making the EB number unavailable not from July 1 but from July 2, 2007. It is interesting that even before the legal team initiate any discovery, the truth starts coming out of the cabinet a bit by bit.
07/07/2007: State Department Record of EB Visa Number Authorization Involving Current Fiasco
According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June 30 and July 1 (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Unconformed sources indicate that they processed and approved (?) a substantial number of application on Sunday, July 1, exhausting the EB numbers by July 1 and making the EB number unavailable not from July 1 but from July 2, 2007. It is interesting that even before the legal team initiate any discovery, the truth starts coming out of the cabinet a bit by bit.
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kate123
08-23 08:38 AM
see below.. I think you should be OK.
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Looks like 10 years experience is required for individuals applying under "Exceptional Ability".
I don't know but I'm scared now....My attorney is filing 140 this week and I was planning on premium processing.
Is this memo in effect already or what? Can someone throw more light on this?
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Looks like 10 years experience is required for individuals applying under "Exceptional Ability".
I don't know but I'm scared now....My attorney is filing 140 this week and I was planning on premium processing.
Is this memo in effect already or what? Can someone throw more light on this?
more...
aristotle
07-20 05:05 PM
My take is that Sen. Cornyn's bill is too ambitious and tries to solve ALL the problems. It is never going to fly, especially in this political environment.
We should focus on EB retrogression relief and try to get in only the absolute minimum relief needed to eliminate current backlogs.
In my opinion, this is the absolute minimum:
1) Clear DOL backlogs in BECs
2) Recapture lost visa numbers
3) Dont count dependants
4) Raise per-country cap to 10%
If we can only these rolled in to amendment, it should be easy to pass. We can start an awareness initiative to educate the senators and ensure it passes. If we shoot for too much, its next to impossible. Thats the sad reality.
We should focus on EB retrogression relief and try to get in only the absolute minimum relief needed to eliminate current backlogs.
In my opinion, this is the absolute minimum:
1) Clear DOL backlogs in BECs
2) Recapture lost visa numbers
3) Dont count dependants
4) Raise per-country cap to 10%
If we can only these rolled in to amendment, it should be easy to pass. We can start an awareness initiative to educate the senators and ensure it passes. If we shoot for too much, its next to impossible. Thats the sad reality.
GKBest
08-20 08:02 PM
My wife's DL renewal is pending for more than 2 months...When we contacted DMV they said its pending clearance from DHS (homeland security) and it could take take 120+ days to get their approval.
Has anybody encountered this recently?
Thanks
You can ask for a temporary license good for 90 days and re-apply again until you get the DMV card renewal.
Has anybody encountered this recently?
Thanks
You can ask for a temporary license good for 90 days and re-apply again until you get the DMV card renewal.
more...
ychousa
07-18 06:47 PM
Does PD exist just to be able to file I-485? Or as some members say, does it also play a role after filing I-485 for adjudication? Does CIS go by PD or RD when the visas are limited?
Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?
Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?
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sukhwinderd
09-02 01:00 PM
thats when i came here. filed first one in 2001. layoff.
second one in 2005 (eb3) still waiting. there are about 40k
people ahead of me. so about 14 years of wait assuming
3k EB3 GCs for india per year.
by that my daughter will be old enough to file my family based GC
and i might get that sooner than my EB3 GC ;-)
second one in 2005 (eb3) still waiting. there are about 40k
people ahead of me. so about 14 years of wait assuming
3k EB3 GCs for india per year.
by that my daughter will be old enough to file my family based GC
and i might get that sooner than my EB3 GC ;-)
more...
H1bslave
10-22 09:21 AM
I hired a CPA to register a LLC, but he insisted to open S-Corp. I was not confident so I told him to holdoff. Opening S-Copr doesn't seem to be right on EAD, however, I am still going thru posts tof igure right answer.
Has anyone taken any lawyer opinion on this?
I know vparam has done it. but has anyone else gone through same procedure..
Has anyone taken any lawyer opinion on this?
I know vparam has done it. but has anyone else gone through same procedure..
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WeShallOvercome
07-20 02:32 PM
Best thing would be to apply for EAD/AP about 6 months from now because bulk of the new workload will be concentrated in June, July and August filings and it might take 5-6 months for all of them to get EADs. same thing when time comes for renewals.
If someone applies EAD/AP 6 months from now, chances are he/she will be able to avoid the crowd and get it in 3 months.
It''s like leaving at 5PM and spending 3 hours in traffic
OR
leaving at 8 and spending 30 minutes
makes sense?
If someone applies EAD/AP 6 months from now, chances are he/she will be able to avoid the crowd and get it in 3 months.
It''s like leaving at 5PM and spending 3 hours in traffic
OR
leaving at 8 and spending 30 minutes
makes sense?
more...
alterego
07-06 02:00 PM
I think they have to be current when they get an appointment or something like that. I am pretty sure that they accounted those 18k as CP numbers
Definitely not when you get the appointment. I am 100% certain of that. There have been cases of people going for the consular appointment and not getting it as dates retrogressed.
Only possibility is that the cases up to May were the 66K for 485s PLUS 18K for CP throughout the year until may. Right now noone wanting to get into the system will go for CP.
Definitely not when you get the appointment. I am 100% certain of that. There have been cases of people going for the consular appointment and not getting it as dates retrogressed.
Only possibility is that the cases up to May were the 66K for 485s PLUS 18K for CP throughout the year until may. Right now noone wanting to get into the system will go for CP.
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andy007
07-18 04:32 PM
You will be able to see your actual RD in the reciept notice...Donot worry..
Can you please specify which numbe do we need to call & and what we need to enter (PD, I140, bla bla) to get the Receipt Date.......
Thanks
Can you please specify which numbe do we need to call & and what we need to enter (PD, I140, bla bla) to get the Receipt Date.......
Thanks
more...
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kaizersoze
07-18 05:16 PM
Contributed $100. Will sign up for recurring.
Also referred many of my friends to this site who are also contributed.
Paypal Transaction ID: 8M951494VW646135K
We all love IV.
u rock :)
Also referred many of my friends to this site who are also contributed.
Paypal Transaction ID: 8M951494VW646135K
We all love IV.
u rock :)
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delhirocks
07-21 03:57 PM
There are no US embassies on US soil..I think you meant USCIS local office and are alluding to "interim" EADs. USCIS discontinued that practice last year.
I thought if we dont get the EAD after 90 days, we can walk into the US Embassy in the city nearer to us and get the EAD on the spot(more like a driver's license).:eek:
I thought if we dont get the EAD after 90 days, we can walk into the US Embassy in the city nearer to us and get the EAD on the spot(more like a driver's license).:eek:
more...
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h1techSlave
08-14 01:07 PM
If we can collect some data regarding the home purchasing trends among skilled immigrants vis. their GC status, that would be great.
For example:
% of people who have a home while they are in H1B status: a%
% of people who have a home while they are in EAD status: b%
% of people who have a home while they are in GC status: c%
% of people who have a home while they are US Citizen: d%
If we can collect the data for the variables a, b, c and d and if the value of c is significantly higher than a or b, then we do have a strong case.
But how will we collect data for a, b, c and d? I do not know?
This is the third place where I am posting this ..well why not ..In my view this is worth a shot since greenspan is also talking about it.
-----------
http://news.yahoo.com/s/nm/20080813/bs_nm/usa_economy_greenspan_dc
-----------
Former Federal Reserve Chairman Alan Greenspan predicts U.S. house prices will begin to stabilize in the first half of next year, the Wall Street Journal reported on Wednesday.
ADVERTISEMENT
Greenspan also offered a novel suggestion to bolster the housing market -- increase the number of potential home buyers by admitting more skilled immigrants
For example:
% of people who have a home while they are in H1B status: a%
% of people who have a home while they are in EAD status: b%
% of people who have a home while they are in GC status: c%
% of people who have a home while they are US Citizen: d%
If we can collect the data for the variables a, b, c and d and if the value of c is significantly higher than a or b, then we do have a strong case.
But how will we collect data for a, b, c and d? I do not know?
This is the third place where I am posting this ..well why not ..In my view this is worth a shot since greenspan is also talking about it.
-----------
http://news.yahoo.com/s/nm/20080813/bs_nm/usa_economy_greenspan_dc
-----------
Former Federal Reserve Chairman Alan Greenspan predicts U.S. house prices will begin to stabilize in the first half of next year, the Wall Street Journal reported on Wednesday.
ADVERTISEMENT
Greenspan also offered a novel suggestion to bolster the housing market -- increase the number of potential home buyers by admitting more skilled immigrants
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minimalist
08-13 04:06 PM
This is truly sad. And I agree with WillWin that we need to do something. IV core has time and again stressed that they will not do anything for a certain EB group. I understand their stance. But every other EB group is getting help from somewhere. For EB3-I, forget getting help, we are actually losing every day forward.
I have lost hopes now, after reading this today. This may as well be my final post to IV. I will keep my recurring payment to IV going on. Hopefully it will help my EB2 friends get their GC and help those people (refer to the Indian friends voting for lawsuit against EB3 to EB2 porting) who want to further turn the screws on EB3-I. How much can you beat a man (or a group) that is already battered?
Best of luck to you all.
EB3 can only be helped when every one else is done.The way the preference categories are setup is that and the numerous cases from 2001 amnesty flooded the EB3 queue causing the retrogression. I don't suppose there can be any thing done to help EB3 specifically. We are at the bottom of the pile. If we have to be helped to get up, every one on top needs to be helped first.
Unless the visa recapture happens, there is no hope. Folks with 2001/2002 PD , keep your spirits up. You are almost there.
All others, if you can try EB2 porting, that's the way to go.
---
EB3-I , May 2006
Contributed 100$
I have lost hopes now, after reading this today. This may as well be my final post to IV. I will keep my recurring payment to IV going on. Hopefully it will help my EB2 friends get their GC and help those people (refer to the Indian friends voting for lawsuit against EB3 to EB2 porting) who want to further turn the screws on EB3-I. How much can you beat a man (or a group) that is already battered?
Best of luck to you all.
EB3 can only be helped when every one else is done.The way the preference categories are setup is that and the numerous cases from 2001 amnesty flooded the EB3 queue causing the retrogression. I don't suppose there can be any thing done to help EB3 specifically. We are at the bottom of the pile. If we have to be helped to get up, every one on top needs to be helped first.
Unless the visa recapture happens, there is no hope. Folks with 2001/2002 PD , keep your spirits up. You are almost there.
All others, if you can try EB2 porting, that's the way to go.
---
EB3-I , May 2006
Contributed 100$
more...
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susie
07-07 01:32 AM
Please, please update when you get any news.
I have a very dicey situation with my son, who is turning 21 in January 2008.
Good luck for the outcome!
Hi
Case filed end March 07 at Tampa mid district. They had 60days to respond , so by end May 07 should have heard
Just before end May 07 they asked for another 30days and as a professional curtesy my attorney agreed, so should have heard by end June 07
Just before end June the Attorney General's legal department called my attorney and asked yet again for another 30days !!! as my case paperwork with them was very thin (whatever that means) Their attorney stated on the phone they would like to resolve, again whatever that is supposed to mean
Apparently Geoff Gorsky has not replied to his own attorney ! so their attorney has asked for all and any evidence we have on CSPA case.
Today 6th July 07 I drove from Orlando to Tampa to hand deliver my case file, but my attorney has stated they will not be allowed more extra time as we will be at 120 days wait at end of July 07
The CSPA is badly written and needs leglislative fix, Myself and another member have written our own draft amendment for legislation to protect all children from aging out. This has beed passed to Dave Weldon's office and in turn passed to his legislators, so will see what happens
I will update you all as if I win my case could well assist many others if they are advised their child has aged out. If you wish to support our efforts please join www.expatsvoice.org
I have a very dicey situation with my son, who is turning 21 in January 2008.
Good luck for the outcome!
Hi
Case filed end March 07 at Tampa mid district. They had 60days to respond , so by end May 07 should have heard
Just before end May 07 they asked for another 30days and as a professional curtesy my attorney agreed, so should have heard by end June 07
Just before end June the Attorney General's legal department called my attorney and asked yet again for another 30days !!! as my case paperwork with them was very thin (whatever that means) Their attorney stated on the phone they would like to resolve, again whatever that is supposed to mean
Apparently Geoff Gorsky has not replied to his own attorney ! so their attorney has asked for all and any evidence we have on CSPA case.
Today 6th July 07 I drove from Orlando to Tampa to hand deliver my case file, but my attorney has stated they will not be allowed more extra time as we will be at 120 days wait at end of July 07
The CSPA is badly written and needs leglislative fix, Myself and another member have written our own draft amendment for legislation to protect all children from aging out. This has beed passed to Dave Weldon's office and in turn passed to his legislators, so will see what happens
I will update you all as if I win my case could well assist many others if they are advised their child has aged out. If you wish to support our efforts please join www.expatsvoice.org
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rdehar
06-04 01:39 PM
One one hand you have folks who are getting labor approvals from BECs just now and have not filed I-140s.
On other hand you have PERM folks who have Labor, I-140 certified in 2 weeks.
Don't you think this provision is a bit harsh on those who've waited 3+ years for labor in BECs ?
On other hand you have PERM folks who have Labor, I-140 certified in 2 weeks.
Don't you think this provision is a bit harsh on those who've waited 3+ years for labor in BECs ?
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go_guy123
06-11 12:14 PM
All,
When this July bulletin was released, I had given the following points in that thread.
I am seriously considering this. Indian economy is going to go leaps and bounds and I dont want to miss out on that. And wait here in the whims and fancies and their ridiculous illogical visa bulletins by these people. They shouldnt harass and take Indians for a ride. We are paying our taxes and all the fees and what not. Still they prefer illegals over us.
Enough is enough. I have self respect.
Looking at this visa movement for the past year and the current economy, I am just giving up hope to get GC in this country folks.
I am seriously thinking about going back to India. The reasons I was proding over are:
1. Well.. first and foremost, no hope of visa movement in near future.
2. Employer uncertainty. The company is not doing too well.
3. Tough job market and US economy will drag like this for another 2-3 years.
4. If they lay me off, I will have to find another job first. I havent even applied for 485 yet, so no EAD and priority date is Feb 2008
5. Restart GC again which is another excruciating process - moneywise, timewise.
6. Wait again in the line for visa movement
7. No career advancement because cannot jump companies and I am already early 30's. (I am non-IT). Career is stagnant, company doing very small projects.
8. Cannot even think of having kids because job and life here is hanging by a thread.
9. Cannot buy a house in this market. Its not that I dont have money, was thinking, if I lose the job, I wont get much time to sell it off and I will have to incur losses.
10. India is doing well and going to to do well in the future.
Is anyone else thinking on these lines?
Hi waitforevergc
You say that you are in non IT
If you don't mind which area are you in ? Oil/Mining/Finance sector ?.
You can try the Canada option like me. Lately Alberta/Canada closed
the door for IT people, therefore I am wondering if you have other options in Canada.
When this July bulletin was released, I had given the following points in that thread.
I am seriously considering this. Indian economy is going to go leaps and bounds and I dont want to miss out on that. And wait here in the whims and fancies and their ridiculous illogical visa bulletins by these people. They shouldnt harass and take Indians for a ride. We are paying our taxes and all the fees and what not. Still they prefer illegals over us.
Enough is enough. I have self respect.
Looking at this visa movement for the past year and the current economy, I am just giving up hope to get GC in this country folks.
I am seriously thinking about going back to India. The reasons I was proding over are:
1. Well.. first and foremost, no hope of visa movement in near future.
2. Employer uncertainty. The company is not doing too well.
3. Tough job market and US economy will drag like this for another 2-3 years.
4. If they lay me off, I will have to find another job first. I havent even applied for 485 yet, so no EAD and priority date is Feb 2008
5. Restart GC again which is another excruciating process - moneywise, timewise.
6. Wait again in the line for visa movement
7. No career advancement because cannot jump companies and I am already early 30's. (I am non-IT). Career is stagnant, company doing very small projects.
8. Cannot even think of having kids because job and life here is hanging by a thread.
9. Cannot buy a house in this market. Its not that I dont have money, was thinking, if I lose the job, I wont get much time to sell it off and I will have to incur losses.
10. India is doing well and going to to do well in the future.
Is anyone else thinking on these lines?
Hi waitforevergc
You say that you are in non IT
If you don't mind which area are you in ? Oil/Mining/Finance sector ?.
You can try the Canada option like me. Lately Alberta/Canada closed
the door for IT people, therefore I am wondering if you have other options in Canada.
carbon
07-20 03:27 PM
I thought Grassley is against skilled immigration!
He voted Yea!
He voted Yea!
chanduv23
09-17 10:27 AM
Come on folks - we are doing everything we can till we start to DC
Milind - kudos for this effort
Come on folks - IV is doing so much for you - IV has provided you with sucha wonderful platform
Lets all payback by doing what we can
Milind - kudos for this effort
Come on folks - IV is doing so much for you - IV has provided you with sucha wonderful platform
Lets all payback by doing what we can