anujcb
03-15 11:24 AM
did it start yet? any updates?
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trueguy
02-23 01:11 PM
people,
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
Here start the fresh round of stories. Now we will hear many stories like this but don't know what to believe until it actually happens. I just hope (and pray) that what you said is true and Govt start treating legals and illegals separately.
Thanks.
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
Here start the fresh round of stories. Now we will hear many stories like this but don't know what to believe until it actually happens. I just hope (and pray) that what you said is true and Govt start treating legals and illegals separately.
Thanks.
bigboy007
06-03 01:40 AM
I have opened sep thread for the same , i am sorry if this is not acceptable policy of forum and i am reposting as this topic originated here:
================================================== =
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
----------------------
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
================================================== =
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
----------------------
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
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chanduv23
04-26 04:47 PM
My H1 extension is under process. I had applied in Dec 2006. My DL expires on May 6. Is it possible to renew my license with the H1 extension receipt?. Is it possible to do Premium Processing now?
Not sure about NJ, but in NY they want to see your i94 that is attached to your approval notice if you dont have a valid stamp.
You do have time for premium processing but also find out locally if you can go back with an expired DL (expired within a month or so) , in most DMV I think they permit extension of expired DL. I am not sure about it, but You may want to verify.
Not sure about NJ, but in NY they want to see your i94 that is attached to your approval notice if you dont have a valid stamp.
You do have time for premium processing but also find out locally if you can go back with an expired DL (expired within a month or so) , in most DMV I think they permit extension of expired DL. I am not sure about it, but You may want to verify.
more...
Almond
12-10 04:45 PM
Ugh, I want to cry right about now. :o
RNGC
06-23 04:49 PM
People,
I am preparing an article for NY times explaining our sufferings! Please contribute your thoughts.
1. What is America losing because of our prolonged wait for Green Cards?
2. How people who have green cards are contributing to the country as a whole ?
3. What if the whole green card process takes less than 3 years ?
Few obvious things are we would have bought a house, gone up in our carrier ladder, spend more and contribute to the economy, our spouse could have started working etc....
I am looking for thoughts and experience other than the above things.
I am preparing an article for NY times explaining our sufferings! Please contribute your thoughts.
1. What is America losing because of our prolonged wait for Green Cards?
2. How people who have green cards are contributing to the country as a whole ?
3. What if the whole green card process takes less than 3 years ?
Few obvious things are we would have bought a house, gone up in our carrier ladder, spend more and contribute to the economy, our spouse could have started working etc....
I am looking for thoughts and experience other than the above things.
more...
anurakt
01-03 01:49 PM
I have somebody in my family who is suffering from an incurable disease , thus I wan't to stay in this country till a medicine comes out. This country is known as the pioneer in the reserach of medicines . It may take 10 years for it to be in market but it may take another 25 years to be in India. I have been working with lot of pharmatuticals firms which may come out with a treatment.
GC is not important to me for money ! Never. I want to make sure that my family member gets the best treatment available in the world.
GC is not important to me for money ! Never. I want to make sure that my family member gets the best treatment available in the world.
2010 Rose Star Tattoo On Neck
wandmaker
03-12 11:19 AM
It is very easy to contradict or find errors.
No body is getting paid here to have a tester test it.
Yes I like the idea of donor for paid members. There are 31000 members not even 2500 members are contributing. This is one way of making them pay for the services or the info you get from the forum.
Actual ball park is 300-350 members, who actually come forward for all campaigns and contribute, and around 50 one-timers.
No body is getting paid here to have a tester test it.
Yes I like the idea of donor for paid members. There are 31000 members not even 2500 members are contributing. This is one way of making them pay for the services or the info you get from the forum.
Actual ball park is 300-350 members, who actually come forward for all campaigns and contribute, and around 50 one-timers.
more...
vinabath
07-20 03:46 PM
Preparing for future is one thing but if you think that this is a valuable thread then go with it and enjoy, i just find it disheartening that people are trying to undermine whatever has been achieved by such threads (Like i said, he might be completely right but is there a need to tell it this way) and what are you going to prepare for the future ;) Do you know it ? (If you do, please keep it to yourself and enjoy or cry about it). Right now, i want to be positive and enjoy the fruits of what IV has done to get some relief, why use negative logic to undermine it and that is what i am saying. Leave us alone, who like IV and who want to have a moment's respite. Chill out dude, no offence meant and this my only response, will not reply if you attack me, so cool off.
He is 100% right. Unless USCIS hire people, our EADs and APs will get delayed. People like me have travel plans in Jan. I do not want to go for Visa stamping. I am concerned.
He is 100% right. Unless USCIS hire people, our EADs and APs will get delayed. People like me have travel plans in Jan. I do not want to go for Visa stamping. I am concerned.
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raj3078
09-28 06:48 PM
This is just Sad.....
more...
qualified_trash
01-03 03:58 PM
I think it is the perspective that has changed. Until 2 years back we were ready to die to live in this country, we thought our country was crowded, polluted etc. etc. Things haven't changed much there. It's still same, criminals are still the most powerful, power, food & Shelter is still scarce, poor count hasn't decreased. It's just we are not seeing now 'the dark side of the moon'. There's no doubt our American dream is screwed up big time. We have ruined the best times in our lives. Out of these 1 million Visa holders, 1000's would have been entrepreneurs, artists, etc. etc. but this green card chase has beaten us down to H1B Visa holder forever.
my contention is that if you had stayed back, you would not even have what you have today.
assuming that 1000's would have done something better is a VERY big assumption.
my contention is that if you had stayed back, you would not even have what you have today.
assuming that 1000's would have done something better is a VERY big assumption.
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add78
05-22 04:03 PM
You are right, Ramesh, sadly people have time to check for Bill updates and get their spirits down with amendment removal news but no time to get more friends to join or contribute. Please wake up people and contribute, and persuade your friends / colleagues at work you know to join IV. I got a weird response (chat) from a close friend saying she would rather donate to Myanmar/ China victim that her own Immigration cause, but I haven't given up, I will try to persuade such friends even though that raised my B.P. Please, people who seek advice and answers, consider contributing first. Bump.
more...
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chi_shark
09-11 04:59 PM
If you are from india, think of the parrot who can pull out your life from a set of tarot cards... thats how it works!
You just asked the million dollar question. I can tell you with close to a certainty that no one here can give you a 100% correct answer.
You just asked the million dollar question. I can tell you with close to a certainty that no one here can give you a 100% correct answer.
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little_willy
09-12 11:39 PM
Here are some others that we used during the flower campaign. They were found from different forums at IV
mcuban@hd.net,
wnelson@hd.net,
nytnews@nytimes.com,
news-tips@nytimes.com,
washington@nytimes.com,
AmericasNewsroom@foxnews.com,
satya.prakash@hindustantimes.com,
pmagazine@hindustantimes.com,
aditya.ghosh@hindustantimes.com,
Fatherjonathan@foxnews.com,
Drmanny@foxnews.com,
Beltway@foxnews.com,
Myword@foxnews.com,
Bigstory-weekend@foxnews.com,
Bigstoryweekend@foxnews.com,
Bullsandbears@foxnews.com,
Cash@foxnews.com,
Cavuto@foxnews.com,
Fncimag@foxnews.com,
Forbes@foxnews.com,
Friends@foxnews.com,
Feedback@foxnews.com,
Jamie@foxnews.com,
Fncspecials@foxnews.com,
FNS@foxnews.com,
Newswatch@foxnews.com,
Foxreport@foxnews.com,
Atlarge@foxnews.com,
Heartland@foxnews.com,
JER@foxnews.com,
Lineup@foxnews.com,
Ontherecord@foxnews.com,
Oreilly@foxnews.com,
Redeye@foxnews.com,
Special@foxnews.com,
Studiob@foxnews.com,
Hemmer@foxnews.com,
Colonelscorner@foxnews.com,
Housecall@foxnews.com,
Hannity@foxnews.com,
Colmes@foxnews.com,
Letters@newsweek.com,
Customer.Care@newsweek.com,
viewerservices@msnbc.com,
today@nbc.com,
wt@nbc.com,
mtp@nbc.com,
abc.news.magazines@abc.com,
letters@msnbc.com
mcuban@hd.net,
wnelson@hd.net,
nytnews@nytimes.com,
news-tips@nytimes.com,
washington@nytimes.com,
AmericasNewsroom@foxnews.com,
satya.prakash@hindustantimes.com,
pmagazine@hindustantimes.com,
aditya.ghosh@hindustantimes.com,
Fatherjonathan@foxnews.com,
Drmanny@foxnews.com,
Beltway@foxnews.com,
Myword@foxnews.com,
Bigstory-weekend@foxnews.com,
Bigstoryweekend@foxnews.com,
Bullsandbears@foxnews.com,
Cash@foxnews.com,
Cavuto@foxnews.com,
Fncimag@foxnews.com,
Forbes@foxnews.com,
Friends@foxnews.com,
Feedback@foxnews.com,
Jamie@foxnews.com,
Fncspecials@foxnews.com,
FNS@foxnews.com,
Newswatch@foxnews.com,
Foxreport@foxnews.com,
Atlarge@foxnews.com,
Heartland@foxnews.com,
JER@foxnews.com,
Lineup@foxnews.com,
Ontherecord@foxnews.com,
Oreilly@foxnews.com,
Redeye@foxnews.com,
Special@foxnews.com,
Studiob@foxnews.com,
Hemmer@foxnews.com,
Colonelscorner@foxnews.com,
Housecall@foxnews.com,
Hannity@foxnews.com,
Colmes@foxnews.com,
Letters@newsweek.com,
Customer.Care@newsweek.com,
viewerservices@msnbc.com,
today@nbc.com,
wt@nbc.com,
mtp@nbc.com,
abc.news.magazines@abc.com,
letters@msnbc.com
more...
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desi3933
09-11 03:43 PM
Its shocking!!! They've foolishly approved many 2006 cases and dont tell me it was unpredictable and now ppl with 2003 r still waiting....how logical is this? A bunch of A** H**** working there or what?
I understand your frustration. Since there is no spillover in the first quarter of new fiscal year, it was expected that PD would move back. How can you you expect 2006 PD for Oct when there is no spillover visa numbers.
Next year Jul-Sep 2009, PD should move to mid 2006 again.
My 2 cents.
I understand your frustration. Since there is no spillover in the first quarter of new fiscal year, it was expected that PD would move back. How can you you expect 2006 PD for Oct when there is no spillover visa numbers.
Next year Jul-Sep 2009, PD should move to mid 2006 again.
My 2 cents.
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gimmeliberty
09-16 04:39 PM
Hi,
1st time contributor to IV. Here's the Paypal Confirmation #: 6R998807RX0308502.
Plan to join the rally with my toddler. Best wishes to IV and good work Milind123.
1st time contributor to IV. Here's the Paypal Confirmation #: 6R998807RX0308502.
Plan to join the rally with my toddler. Best wishes to IV and good work Milind123.
more...
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doknek
06-10 05:05 PM
multiple year eads & ap - may or may not happen
visa recapture - no chance
visa increase - will not happen
still contribute??
First one did happen today. So, how much are you going to contribute then?:D
visa recapture - no chance
visa increase - will not happen
still contribute??
First one did happen today. So, how much are you going to contribute then?:D
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satyasaich
07-15 11:31 PM
Dear friends
"Drop and Drop makes an Ocean"
I pledged earlier that i will send another $50 today if the total reaches $2000.
Here is the deal: Just add another $100 and i will make it to $2000.
Still we have time for today. Any takers ????
I'm not a high salary guy nor an $100/hour consultant. I'm just like so many of you, need to support the family as well.But just consider the selfless efforts of IV for all of us. please try to contribute as much as you can, of course this is just a request only.
Satya
"Drop and Drop makes an Ocean"
I pledged earlier that i will send another $50 today if the total reaches $2000.
Here is the deal: Just add another $100 and i will make it to $2000.
Still we have time for today. Any takers ????
I'm not a high salary guy nor an $100/hour consultant. I'm just like so many of you, need to support the family as well.But just consider the selfless efforts of IV for all of us. please try to contribute as much as you can, of course this is just a request only.
Satya
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anantc
05-04 02:05 PM
Contacted and spoke to Secretary of following Senators:
Senator Chuck Schumer (New York)
Senator Patrick Leahy (Vermont)
Senator Dianne Feinstein (California)
Senator Bob Menendez (New Jersey)
Each one said that Senator is in the process of framing the Bill/Reform and working on it.
Keep going IV and its members, We can do it.... again.
Senator Chuck Schumer (New York)
Senator Patrick Leahy (Vermont)
Senator Dianne Feinstein (California)
Senator Bob Menendez (New Jersey)
Each one said that Senator is in the process of framing the Bill/Reform and working on it.
Keep going IV and its members, We can do it.... again.
eb3_nepa
07-05 11:41 AM
Bumping this thread.
GUYS Call CALL CALL
GUYS Call CALL CALL
polapragada
09-14 05:36 PM
Looks like some people will need to get their PhD awards 'overturned'!
Gctest, Pallavi79 etc present a faulty hypothesis and case to mask and promote their myopic self-interests.
e.g. "Eb2 people are highly qualified compared to EB3" - Nowhere in US immigration-based legislation do we find such support for such a categorical assertion.
EB categories are EMPLOYMENT BASED - simply put, the requirements of the job determine EB category. Not whether one is smarter than the other.
There is another 10+ page thread on this very topic where this issue has been examined threadbare. Based on current law there is nothing illegal in this porting practice. Also, there is no place for 'ethical' categorization in the letter of the law.
Porting is a legally supported practice which is tied to LABOR and JOB requirements, not to one's esteemed sense of self worth.
There are numerous BUSINESS reasons why EB3 to EB2 porting is allowed. Why not focus on other forms of irrational immigration practice like the 7% quotas which amount to discrimination based on national origin?
Please read my above post you might get an answer
Gctest, Pallavi79 etc present a faulty hypothesis and case to mask and promote their myopic self-interests.
e.g. "Eb2 people are highly qualified compared to EB3" - Nowhere in US immigration-based legislation do we find such support for such a categorical assertion.
EB categories are EMPLOYMENT BASED - simply put, the requirements of the job determine EB category. Not whether one is smarter than the other.
There is another 10+ page thread on this very topic where this issue has been examined threadbare. Based on current law there is nothing illegal in this porting practice. Also, there is no place for 'ethical' categorization in the letter of the law.
Porting is a legally supported practice which is tied to LABOR and JOB requirements, not to one's esteemed sense of self worth.
There are numerous BUSINESS reasons why EB3 to EB2 porting is allowed. Why not focus on other forms of irrational immigration practice like the 7% quotas which amount to discrimination based on national origin?
Please read my above post you might get an answer