desi3933
07-11 10:33 AM
Hi UN,
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
[COLOR="Red"]
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
[COLOR="Red"]
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
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diptam
08-05 08:53 AM
As i said earlier you have Zero understanding of these things and that's why you came to waste peoples time. You could be an anti-immigrant as well.
"GC is for future Job and one single person could be eligible for EB3 / EB2 / EB1 any kind of jobs - its the person's ELIGIBILITY which matters " - understand dumbo ?
What do you mean "i am eligible for EB2"?????
A JOB is what decides EB1/2/3, not your imagined eligibility !!
If the job that you do requires no more than an EB3, then how are you saying your employer did something wrong? Why should you get to port to EB2 based on your "imagined eligibility for EB2"? Please explain that to me.
Remember, the JOB REQUIREMENTS should be there, it does not matter if you are a PhD from MIT...........
"GC is for future Job and one single person could be eligible for EB3 / EB2 / EB1 any kind of jobs - its the person's ELIGIBILITY which matters " - understand dumbo ?
What do you mean "i am eligible for EB2"?????
A JOB is what decides EB1/2/3, not your imagined eligibility !!
If the job that you do requires no more than an EB3, then how are you saying your employer did something wrong? Why should you get to port to EB2 based on your "imagined eligibility for EB2"? Please explain that to me.
Remember, the JOB REQUIREMENTS should be there, it does not matter if you are a PhD from MIT...........
wellwishergc
07-11 12:12 PM
This is a very good question that even I had - Does using AC21 to change jobs lead to more scrutiny? Please advise!
My wife (secondary applicant on I-485) started job 1.5 months after her H4 to H1 approval. She needed to wait for SSN and that took 1.5 months. Will that create any issue? I am planning to use AC21 to change job. Will that result in extra scrutiny?
My wife (secondary applicant on I-485) started job 1.5 months after her H4 to H1 approval. She needed to wait for SSN and that took 1.5 months. Will that create any issue? I am planning to use AC21 to change job. Will that result in extra scrutiny?
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prioritydate
08-05 06:24 PM
<20. If it itches, it will be scratched. We do that.>
ROTFLMAO.... :D:D:D
ROTFLMAO.... :D:D:D
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Macaca
12-28 06:54 PM
The India-U.S. Relationship in 2010 (http://blogs.wsj.com/indiarealtime/2010/12/28/the-year-that-was-india-and-the-us-in-2010/) By Tripti Lahiri | IndiaRealTime
Indian and U.S. relations went through both highs and lows in 2010, with roadblocks on nuclear cooperation and outsourcing creating some rifts in a relationship that is strengthening overall, as U.S. President Barack Obama said on his first visit here in November.
Here are five India Real Time blogs that present a sense of the diversity of the political, economic and cultural ties between�yes, we have to say it��the world�s oldest democracy and the world�s largest democracy.�
Sure, some Americans still see Indians as job-stealers. During the Arkansas Democratic primary earlier this year, a group called Americans for Job Security tried to capitalize on that perception with an ad that had various Indian characters thanking candidate Bill Halter for sending them jobs. Many Americans, and not just those of Indian or Asian descent, found the ad a wee bit tasteless.
And sometimes India still feels on unequal footing with the U.S. The verdict this summer by a Bhopal court in the Union Carbide pesticide plant gas leak case of 1984 stirred up grievances India still harbors towards the United States from a time when the country wasn�t viewed as an emerging nation and had little ability to bargain with the American superpower.
This year seven former Indian executives of the now defunct Union Carbide India Ltd. were found guilty of negligence in connection with a disaster that killed thousands. No American executive stood trial and Union Carbide Corp. the parent company, never admitted negligence though it did agree to a $470 million settlement five years after the leak. The feeling that an American firm had got off lightly because it hailed from a country more powerful than India sometimes still rankles and set off a cry again this year to extradite then Union Carbide Corp. chair Warren Anderson, now in his eighties.
But couch potatoes in both countries can still share a laugh at and with each other. Following the theory that the best comedy comes from the things we really want to cry about, as Americans complained about job losses and Indian IT firms complained about a hike in skilled-worker visa fees, NBC waded into the fray with a sitcom called �Outsourced.� Reviews for the show, which premiered in September, and comments from India Real Time readers , were mixed.
Culturally, the two countries exchanged some things. From motorcycles to Broadway-inspired theme parks, India drew a lot from the United States. Meanwhile, Indians are now providing suits to Obama and recipes to the rest of America. And at least one Indian-American came to greater prominence in the United States.
And the most powerful man in the world (or second-most, with China�s Hu Jintao apparently ahead this year) says the two countries have overcome the coldness of the past, when India aligned more closely to the former USSR. In his landmark address to Parliament Mr. Obama said that India and the U.S. �have an historic opportunity to make the relationship between our two countries a defining partnership of the century ahead.� He also said the two countries must work together to create jobs, fight terror, promote democracy around the world.
Of course, in order to achieve all those things, India Real Time suggested that the two countries, like any couple that is in it for the long haul , must work out the kinks in their own relationship.
India U.S. Ties in 2010 (http://online.wsj.com/article/SB10001424052970203731004576046822308542558.html) By IndiaRealTime
Indian and U.S. relations went through both highs and lows in 2010, with roadblocks on nuclear cooperation and outsourcing creating some rifts in a relationship that is strengthening overall, as U.S. President Barack Obama said on his first visit here in November.
Here are five India Real Time blogs that present a sense of the diversity of the political, economic and cultural ties between�yes, we have to say it��the world�s oldest democracy and the world�s largest democracy.�
Sure, some Americans still see Indians as job-stealers. During the Arkansas Democratic primary earlier this year, a group called Americans for Job Security tried to capitalize on that perception with an ad that had various Indian characters thanking candidate Bill Halter for sending them jobs. Many Americans, and not just those of Indian or Asian descent, found the ad a wee bit tasteless.
And sometimes India still feels on unequal footing with the U.S. The verdict this summer by a Bhopal court in the Union Carbide pesticide plant gas leak case of 1984 stirred up grievances India still harbors towards the United States from a time when the country wasn�t viewed as an emerging nation and had little ability to bargain with the American superpower.
This year seven former Indian executives of the now defunct Union Carbide India Ltd. were found guilty of negligence in connection with a disaster that killed thousands. No American executive stood trial and Union Carbide Corp. the parent company, never admitted negligence though it did agree to a $470 million settlement five years after the leak. The feeling that an American firm had got off lightly because it hailed from a country more powerful than India sometimes still rankles and set off a cry again this year to extradite then Union Carbide Corp. chair Warren Anderson, now in his eighties.
But couch potatoes in both countries can still share a laugh at and with each other. Following the theory that the best comedy comes from the things we really want to cry about, as Americans complained about job losses and Indian IT firms complained about a hike in skilled-worker visa fees, NBC waded into the fray with a sitcom called �Outsourced.� Reviews for the show, which premiered in September, and comments from India Real Time readers , were mixed.
Culturally, the two countries exchanged some things. From motorcycles to Broadway-inspired theme parks, India drew a lot from the United States. Meanwhile, Indians are now providing suits to Obama and recipes to the rest of America. And at least one Indian-American came to greater prominence in the United States.
And the most powerful man in the world (or second-most, with China�s Hu Jintao apparently ahead this year) says the two countries have overcome the coldness of the past, when India aligned more closely to the former USSR. In his landmark address to Parliament Mr. Obama said that India and the U.S. �have an historic opportunity to make the relationship between our two countries a defining partnership of the century ahead.� He also said the two countries must work together to create jobs, fight terror, promote democracy around the world.
Of course, in order to achieve all those things, India Real Time suggested that the two countries, like any couple that is in it for the long haul , must work out the kinks in their own relationship.
India U.S. Ties in 2010 (http://online.wsj.com/article/SB10001424052970203731004576046822308542558.html) By IndiaRealTime
pitha
09-26 09:46 AM
All this is going to happen in the very first year itself. Obama has already said CIR would be his priority for his first year. Dick Durbin and Obama will "reform" the EB system exactly the way you described below. In 2008 we have seen some eb friendly bills introduced by lofgren like visa recapture and exemption for STEM. Once Obama becomes president(which is almost a certainty) he will outsource the EB issues to Dick Durbin and he will make sure none of the EB friendly issues like visa recapture and exemption for STEM will happen. In addition obama and durbin will make our lives miserable with draconian restrictions on EB. We are alreday seeing USCIS denying AC21 485 (there is a seperate thread on this). If situation is like this now just imagine how horrible it would be with Obama and durbin.
Why do I feel discouraged? If anything is going to happen for the immigrant community when Sen. Obama becomes the President, it is going to be in the lines of CIR 2007. There would be provisions to make illegal immigrants as legal and remove backlogs to family based quota whereas posing harsh restrictions on H1b visas and reducing Green Card quotas and scrap AC21 portability and try to experiment with some new kind of skilled immigration system.
Why do I feel discouraged? If anything is going to happen for the immigrant community when Sen. Obama becomes the President, it is going to be in the lines of CIR 2007. There would be provisions to make illegal immigrants as legal and remove backlogs to family based quota whereas posing harsh restrictions on H1b visas and reducing Green Card quotas and scrap AC21 portability and try to experiment with some new kind of skilled immigration system.
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sc3
07-14 04:28 PM
Because when Eb3 ROW were getting approved they had no personal friends getting approved but suddenly now with Eb2 India moving forward they know people who will get GC soon and this hurts, when then see these people (friends) in temple or get together who will be (soon) GC holders and so this cry of fowl play comes in behind the mask of anonymus user id a vieled attack
Woah, I did not know I wanted my GC because I could tell my friends that I have my GC. Thanks for telling me about it. I used to think that I wanted my GC, so that I could be worry less about H1 status, think about buying house, maybe think of some business ideas etc. I did not know it was all so that I will feel ashamed of my friends.
I guess you have the solution for all of use. We will stop my friendship with everyone, that way we dont have to worry about being the NON-GC guy among our "friends".
Also, we will make friends with the undocumented workers, so that we can feel superior, which will boost our morale.
Woah, I did not know I wanted my GC because I could tell my friends that I have my GC. Thanks for telling me about it. I used to think that I wanted my GC, so that I could be worry less about H1 status, think about buying house, maybe think of some business ideas etc. I did not know it was all so that I will feel ashamed of my friends.
I guess you have the solution for all of use. We will stop my friendship with everyone, that way we dont have to worry about being the NON-GC guy among our "friends".
Also, we will make friends with the undocumented workers, so that we can feel superior, which will boost our morale.
2010 images Redding HUD Homes for
soni7007
08-06 02:42 PM
yes, ofcourse it makes a difference for lot of people, i was just stating my case.
Yes, EB3 person (e.g-A) can acquire skills over a period of time and so does a person who went for higher education and is EB2 (e.g-B). They both should be equal, but what porting does is makes "A" ahead in line of "B" which i think is unfair.
If there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position, which i think is fair.
My situation is different because i haven't applied for labor, so i am not undermining my education. If i was to apply anytime, i would apply for EB1 or EB2.
But as i said, i personally do not see any value in getting the GC a few years earlier or later.
But for some getting a GC earlier makes a huge difference in their lives. Ask someone whose kid might just be a few months before he/she becomes 21 (A colleague in my team is in that situation). Ask someone who is dire need for extra money and wish to become permanent.
I had told in an earlier post, it all depends on individual situation, some people cite an extreme case to put forth their point and some other counters that by citing an extreme case on the opposite end.
So you mean to say that an EB3 cannot acquire superior skills over a period of time?.
Seriously you should, otherwise you would undermine the value of your education. It runs counter to your argument that EB2 Masters has more value and deserves not to be clubbed with EB3 while you are willing to stick on to an EB3 PD. Something doesn�t sound right here�
Yes, EB3 person (e.g-A) can acquire skills over a period of time and so does a person who went for higher education and is EB2 (e.g-B). They both should be equal, but what porting does is makes "A" ahead in line of "B" which i think is unfair.
If there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position, which i think is fair.
My situation is different because i haven't applied for labor, so i am not undermining my education. If i was to apply anytime, i would apply for EB1 or EB2.
But as i said, i personally do not see any value in getting the GC a few years earlier or later.
But for some getting a GC earlier makes a huge difference in their lives. Ask someone whose kid might just be a few months before he/she becomes 21 (A colleague in my team is in that situation). Ask someone who is dire need for extra money and wish to become permanent.
I had told in an earlier post, it all depends on individual situation, some people cite an extreme case to put forth their point and some other counters that by citing an extreme case on the opposite end.
So you mean to say that an EB3 cannot acquire superior skills over a period of time?.
Seriously you should, otherwise you would undermine the value of your education. It runs counter to your argument that EB2 Masters has more value and deserves not to be clubbed with EB3 while you are willing to stick on to an EB3 PD. Something doesn�t sound right here�
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validIV
06-25 02:37 PM
And according to your theory, renting is a better investment? Throwing your money away is a good investment to you? Then I don't think we are on the same page.
There are many homeowners who are underwater but not foreclosed. That does not make it a good investment. All I'm pointing out is unless your property's rent covers your monthly mortgage+property tax+insurance+maintenance and upkeep it can not be called a good investment. You should have positive (at least non negative) cash flow out of your rental properties. Is this a general case? I think not. At least in my area I'm 100% sure rent does not cover mortgage and the difference between the two is significant.
If you have a negative cash flow on your rental properties then the only thing you are betting on is price appreciation of your properties (above inflation) in future which is speculation again.
There are many homeowners who are underwater but not foreclosed. That does not make it a good investment. All I'm pointing out is unless your property's rent covers your monthly mortgage+property tax+insurance+maintenance and upkeep it can not be called a good investment. You should have positive (at least non negative) cash flow out of your rental properties. Is this a general case? I think not. At least in my area I'm 100% sure rent does not cover mortgage and the difference between the two is significant.
If you have a negative cash flow on your rental properties then the only thing you are betting on is price appreciation of your properties (above inflation) in future which is speculation again.
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unitednations
03-26 04:45 PM
UN - As you are also a beneficiary of AC21 - what is your take on wrongful denials of 485 for AC21 cases that need to be resolved by MTR? Is it a training issue?
The issues of straight 485 denials have been going on for some time. It is a training issue/money making issue (ie., motion to roepen fees).
Recently; I haven't seen USCIS denying 485's based on company revoking 140; they are sending request for evidence.
Every person 485 that was denied inappropriately who was eligible for ac21 all eventually had their cases reopened. Problem is if you are outside the country when it happens and you have to use AP to come back in or are renewing your ead or in process of renewing EAD then that is when things become tricky and the anxiety starts.
Once again; every person I know had their cases reopened; they just had some bumps on the road waiting for it to be reopened.
The issues of straight 485 denials have been going on for some time. It is a training issue/money making issue (ie., motion to roepen fees).
Recently; I haven't seen USCIS denying 485's based on company revoking 140; they are sending request for evidence.
Every person 485 that was denied inappropriately who was eligible for ac21 all eventually had their cases reopened. Problem is if you are outside the country when it happens and you have to use AP to come back in or are renewing your ead or in process of renewing EAD then that is when things become tricky and the anxiety starts.
Once again; every person I know had their cases reopened; they just had some bumps on the road waiting for it to be reopened.
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miguy
08-08 06:25 PM
Actually; I didn't think it was courageous at all. I had to practice what I preach.
One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.
Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).
I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.
Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.
he didn't but just in case he wanted to; I was ready for it.
Hi Unitednations,
I have a little problem. I am a canadian citizen on H1b and used to commute across the border everyday. I work for Ford and every year during christmas we get a week long vacation. My contracting company does not pay me for the xmas break. So, I filed for unemployment compensation in michigan for that week - reason - temporary layoff (as a Canadian Citizen you can collect unemployment from michigan......thats what my US citizen colleagues do every year........Does this mean I was out of status for that week?....Can this cause my I-485 to get rejected? (I have done it twice in 5 years)
One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.
Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).
I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.
Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.
he didn't but just in case he wanted to; I was ready for it.
Hi Unitednations,
I have a little problem. I am a canadian citizen on H1b and used to commute across the border everyday. I work for Ford and every year during christmas we get a week long vacation. My contracting company does not pay me for the xmas break. So, I filed for unemployment compensation in michigan for that week - reason - temporary layoff (as a Canadian Citizen you can collect unemployment from michigan......thats what my US citizen colleagues do every year........Does this mean I was out of status for that week?....Can this cause my I-485 to get rejected? (I have done it twice in 5 years)
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485Mbe4001
09-30 03:01 PM
He had proposed a very harsh H1b revamp and a total revamp of the L1 visa system.
for example companies hiring H1 would have had to certify and attest that multiple american candidates were interviewed for the poisition. The prevailing wage had to be the highest of three measures (i forget which 3). Transfers were limited or restricted. On the other hand the Dream act simply gave citizenship to any illegal attending high school. The Senator talks about humane immigration and i agree to a certain extent but it should be humane for legals too.
Yes, you are right, the recent 485 denials for people using AC-21 have nothing to do with Obama/Durbin immigtaion policy. But I kind of remember there were some harsh provisions for people using AC 21 in CIR 2007 version. I am trying to find out the details about it.
Correct me if I am wrong.
for example companies hiring H1 would have had to certify and attest that multiple american candidates were interviewed for the poisition. The prevailing wage had to be the highest of three measures (i forget which 3). Transfers were limited or restricted. On the other hand the Dream act simply gave citizenship to any illegal attending high school. The Senator talks about humane immigration and i agree to a certain extent but it should be humane for legals too.
Yes, you are right, the recent 485 denials for people using AC-21 have nothing to do with Obama/Durbin immigtaion policy. But I kind of remember there were some harsh provisions for people using AC 21 in CIR 2007 version. I am trying to find out the details about it.
Correct me if I am wrong.
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satishku_2000
08-09 01:21 PM
Actually; I didn't think it was courageous at all. I had to practice what I preach.
One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.
Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).
I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.
Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.
he didn't but just in case he wanted to; I was ready for it.
UN,
Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?
Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.
My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?
One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.
Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).
I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.
Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.
he didn't but just in case he wanted to; I was ready for it.
UN,
Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?
Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.
My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?
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bondgoli007
01-06 05:34 PM
My point is, they keep the spotlight on Hamas and go kill as many innocent civilians as possible.
Even when they kill school kids, we still blame Hamas. We don't blame the killer and try to stop their mad actions. Thats my point.
:-) your argument or your feeble attempt at it is quite pathetic.
No one on this forum feels any less sad on the happenings in Gaza as you but at the same time no one is demanding sympathy the way you are....not to mention the bare display of your own rage and hypocrisy on discussions on Islamic terrorism which everyone except you feels is a major cause of the tragedy in Gaza.
If you want to do something constructive, put is in proper language...on the contrary you ignited a war of words between you and the rest of the member all of whom you reckon are "muslim haters"....
I will concede one point to you...you do know the meaning of hate...and you know it well..
Peace be with you...if it can.
Even when they kill school kids, we still blame Hamas. We don't blame the killer and try to stop their mad actions. Thats my point.
:-) your argument or your feeble attempt at it is quite pathetic.
No one on this forum feels any less sad on the happenings in Gaza as you but at the same time no one is demanding sympathy the way you are....not to mention the bare display of your own rage and hypocrisy on discussions on Islamic terrorism which everyone except you feels is a major cause of the tragedy in Gaza.
If you want to do something constructive, put is in proper language...on the contrary you ignited a war of words between you and the rest of the member all of whom you reckon are "muslim haters"....
I will concede one point to you...you do know the meaning of hate...and you know it well..
Peace be with you...if it can.
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unitednations
03-24 11:45 AM
Its a problem when we dont speak out on our issues - nobody understands our pain
Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.
What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?
It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Corporate Greed brought America down.
Do you guys look around at all of immigration.
EB people are generally the only non immigrant to immigratn class of people who are allowed to stay in USA while they wait for greencard.
Almost all others have to wait outside USA for many years and cannot take benefit of what this country has to offer.
You could be a phillipino brother/sister of US citizen and wait 23 years to get your number called.
You could be here from Liberia as temporary resident for the last 20 years and have to keep getting extensions for temporary status and one day it gets taken away from you.
Sorry to tell you but the way you guys define pain is not pain when it comes to most immigration matters when compares overall.
Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.
What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?
It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Corporate Greed brought America down.
Do you guys look around at all of immigration.
EB people are generally the only non immigrant to immigratn class of people who are allowed to stay in USA while they wait for greencard.
Almost all others have to wait outside USA for many years and cannot take benefit of what this country has to offer.
You could be a phillipino brother/sister of US citizen and wait 23 years to get your number called.
You could be here from Liberia as temporary resident for the last 20 years and have to keep getting extensions for temporary status and one day it gets taken away from you.
Sorry to tell you but the way you guys define pain is not pain when it comes to most immigration matters when compares overall.
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NKR
03-28 04:48 PM
how is owning a house a simple pleasure ?? it is a complex pleasure when yr residential status itself is not guranteed.
you can give more pleasure to yr family when you rent.
the bubble that we saw and are seeing is once in a life time event - it will never happen in USA for a long long time (in most places). it will happen more in places like bombay (2 bubbles in last 2 decade).
you just have to read financial websites to see the enormity of the problem. some are super worst scenarios and some are bad scenarios ..so I guess most likely outcome is somewhere in between(in terms of recession ) and RE market -- i.e. drop of 10 to 25 %. for 300K house that would be 30 thousand minimum.
when u rent it gives you tons of mobility ..which people don't understand (especially house wives). being able to rent near my job and again move when my company sends me somewhere (or other similar situations) ..that std of living - I can never get by owning a million dollar house. and renting is not throwing money esp in these times (say $250 is prop tax, 200 extra due to commutes / yardwork / utilities, 200 more in HOA, insurance etc + maintenance etc etc)
when you add couple $100 to the above you get a place to rent --without worrying much as to what yr kids draw on the walls. plus if u invest the diff in diversified funds ..you would get more peace of mind.
In the end though it depends on personal situation ... but rushing to buy now on EAD is bad idea ..it is never good idea to catch a falling knife.
ofcourse if you have tons and tons of money and don't mind taking a loss then sure ..Buy. not just here maybe buy another house in India / Bahamas etc ...
Let me just ask you one question. Assume that the house prices start to rise again, everything comes back to normal and it is the right time to buy a house. Would you then buy a house if you still do not have a GC and you are on EAD.
you can give more pleasure to yr family when you rent.
the bubble that we saw and are seeing is once in a life time event - it will never happen in USA for a long long time (in most places). it will happen more in places like bombay (2 bubbles in last 2 decade).
you just have to read financial websites to see the enormity of the problem. some are super worst scenarios and some are bad scenarios ..so I guess most likely outcome is somewhere in between(in terms of recession ) and RE market -- i.e. drop of 10 to 25 %. for 300K house that would be 30 thousand minimum.
when u rent it gives you tons of mobility ..which people don't understand (especially house wives). being able to rent near my job and again move when my company sends me somewhere (or other similar situations) ..that std of living - I can never get by owning a million dollar house. and renting is not throwing money esp in these times (say $250 is prop tax, 200 extra due to commutes / yardwork / utilities, 200 more in HOA, insurance etc + maintenance etc etc)
when you add couple $100 to the above you get a place to rent --without worrying much as to what yr kids draw on the walls. plus if u invest the diff in diversified funds ..you would get more peace of mind.
In the end though it depends on personal situation ... but rushing to buy now on EAD is bad idea ..it is never good idea to catch a falling knife.
ofcourse if you have tons and tons of money and don't mind taking a loss then sure ..Buy. not just here maybe buy another house in India / Bahamas etc ...
Let me just ask you one question. Assume that the house prices start to rise again, everything comes back to normal and it is the right time to buy a house. Would you then buy a house if you still do not have a GC and you are on EAD.
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willIgetGC
08-12 07:51 PM
We will get GC if they Outsource these jobs to India and China, any ways these people are not working zimbly telling name checker, they dont want to yearn meney.
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pete
04-09 10:29 AM
Why should others suffer because of consulting firms?
You get a job at company A you work for them. When you move to company B that company does your H1B.. if required again. Why should company A do your H1B than the individual work for somebody else as "consultant". This has been going on for too long affecting everybody especially scientists and doctors and academic community. These consultants are delaying GC for us. The bill takes care of that problem and I think its fair.
Also if the new bill requires repeating labor certification every time we move so be it. You are "best and brightest" correct.. prove it!
You get a job at company A you work for them. When you move to company B that company does your H1B.. if required again. Why should company A do your H1B than the individual work for somebody else as "consultant". This has been going on for too long affecting everybody especially scientists and doctors and academic community. These consultants are delaying GC for us. The bill takes care of that problem and I think its fair.
Also if the new bill requires repeating labor certification every time we move so be it. You are "best and brightest" correct.. prove it!
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thuristic
04-18 05:44 PM
Lou Dobbs at CNN is doing a quick vote to justify his oppinions against amnesty. So far, the majority of the vote is "against" rather than "for". I myself am not a big fan of the proposal becauses it deminishes efforts put in by legal immigrats like ourselves but regardless consider it necessary for us to support as it currently is the only bill alive including retrogression relief along with amnesty.
Media generates publicity by twisting a small fraction of reality. Imagine what Lou would say if he gets a unanimous vote against amnesty. I am sure he will make the best of it to promote negativism towards any relief efforts regardless of it being amnesty or retrogression relief. Please go to the URL below and cast your support vote!
Question: Do you believe Congress should first demand that our borders and ports be secured before taking up immigration reform?
http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/
Media generates publicity by twisting a small fraction of reality. Imagine what Lou would say if he gets a unanimous vote against amnesty. I am sure he will make the best of it to promote negativism towards any relief efforts regardless of it being amnesty or retrogression relief. Please go to the URL below and cast your support vote!
Question: Do you believe Congress should first demand that our borders and ports be secured before taking up immigration reform?
http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/
sanju
05-17 01:50 PM
Of course I don't work for a consulting company. And if I did I wouldn't be here UNLESS I WAS EMPLOYED 100% FROM DAY ONE.
What people look like doesn't matter in regards to the H-1B. You are implying that I am doing something wrong in encouraging people TO OBEY THE LAW. That says a lot more of you and your standards than anything else. People are not committing crimes by being consultants. SOME people are comitting crimes by being here illegally because they don't meet the requirements for the H-1B they hold, because they went through a body shop. You can defend it all you want, IT'S ILLEGAL.
To start with, you are not the only one with a full time job in America. Just so that you know I do FULL-TIME job. But I take no pride in bashing people who are not exactly the same as I am. I think you are doing that well and one fool is more than many.
BTW, each consultant is also full time employee with some company. And stop calling "ILLEGAL" just becuase you can. Apply some logic to your agruments. Is Accenture, KPMG, D&T, Oracle consulting, IBm consulting body shops??? Just want to understand your defination of body shops
UNLESS I WAS EMPLOYED 100% FROM DAY ONE.
H-1B is also allowed for part times.
SOME people are comitting crimes by being here illegally because they don't meet the requirements for the H-1B they hold, because they went through a body shop. You can defend it all you want, IT'S ILLEGAL.
Also, some people are killing others by causing accidents when driving cars. Do we ban ALL cars? Likewise, some people are not following the law completely, should all H-1Bs be banned??? Also, Breaking a law doesn't necessarily means CRIME. Speeding is breaking the law, but it is NOT a crime.
What people look like doesn't matter in regards to the H-1B. You are implying that I am doing something wrong in encouraging people TO OBEY THE LAW. That says a lot more of you and your standards than anything else. People are not committing crimes by being consultants. SOME people are comitting crimes by being here illegally because they don't meet the requirements for the H-1B they hold, because they went through a body shop. You can defend it all you want, IT'S ILLEGAL.
To start with, you are not the only one with a full time job in America. Just so that you know I do FULL-TIME job. But I take no pride in bashing people who are not exactly the same as I am. I think you are doing that well and one fool is more than many.
BTW, each consultant is also full time employee with some company. And stop calling "ILLEGAL" just becuase you can. Apply some logic to your agruments. Is Accenture, KPMG, D&T, Oracle consulting, IBm consulting body shops??? Just want to understand your defination of body shops
UNLESS I WAS EMPLOYED 100% FROM DAY ONE.
H-1B is also allowed for part times.
SOME people are comitting crimes by being here illegally because they don't meet the requirements for the H-1B they hold, because they went through a body shop. You can defend it all you want, IT'S ILLEGAL.
Also, some people are killing others by causing accidents when driving cars. Do we ban ALL cars? Likewise, some people are not following the law completely, should all H-1Bs be banned??? Also, Breaking a law doesn't necessarily means CRIME. Speeding is breaking the law, but it is NOT a crime.
Macaca
06-20 02:11 PM
Learning From Microsoft's Error, Google Builds a Lobbying Engine (http://www.washingtonpost.com/wp-dyn/content/article/2007/06/19/AR2007061902058.html) By Jeffrey H. Birnbaum (http://projects.washingtonpost.com/staff/email/jeffrey+h.+birnbaum/) Washington Post Staff Writer, June 20, 2007
When it comes to lobbying, Google does not intend to repeat the mistake that its rival Microsoft made a decade ago.
Microsoft was so disdainful of the federal government back then that it had almost no presence in Washington. Largely because of that neglect, the company was blindsided by a government antitrust lawsuit that cost it dearly.
Mindful of that history, Google is rapidly building a substantial presence in Washington and using that firepower against Microsoft, among others.
Google is reaching beyond Washington, as well. To publicize its policy positions and develop grass-roots support, the company introduced the Google Public Policy Blog (http://googlepublicpolicy.blogspot.com/) this week.
"We're seeking to do public policy advocacy in a Googley way," said Andrew McLaughlin, Google's director of public policy and government affairs. "We want our users to be part of the effort."
In its first major policy assault on a competitor, Google's Washington office helped write an antitrust complaint to the Justice Department and other government authorities asserting that Microsoft's new Vista operating system discriminates against Google software. Last night, under a compromise with federal and state regulators, Microsoft agreed to make changes to Vista's operations.
Google credits Microsoft's missteps in the 1990s with helping it see the wisdom of setting up shop in Washington in a big way and using the many tools available in the capital, such as lobbying and lawyering, to get its way on major policy matters.
"The entire tech industry has learned from Microsoft," said Alan B. Davidson, head of Google's Washington office. "Washington and its policy debates are important. We can't ignore them."
Two years ago, Google was on the verge of making that Microsoft-like error. Davidson, then a 37-year-old former deputy director of the Center for Democracy & Technology, was the search-engine company's sole staff lobbyist in Washington. As recently as last year, Google co-founder Sergey Brin had trouble getting meetings with members of Congress.
To change that, Google went on a hiring spree and now has 12 lobbyists and lobbying-related professionals on staff here -- more than double the size of the standard corporate lobbying office -- and is continuing to add people.
Its in-house talent includes such veteran government insiders as communications director Robert Boorstin, a speechwriter and foreign policy adviser in the Clinton White House, and Jamie Brown, a White House lobbyist under President Bush.
Google has also hired some heavyweight outside help to lobby, including the Podesta Group, led by Democrat Anthony T. Podesta, and the law firm King & Spalding, led by former Republican senators Daniel R. Coats (Ind.) and Connie Mack (Fla.). To help steer through regulatory approvals in its proposed acquisition of DoubleClick, an online advertising company, Google recently retained the law firm Brownstein Hyatt Farber Schreck.
"We've had to grow quickly because our company has grown so fast and the issues that impact the Internet have come into greater focus in recent years," Davidson said.
Google's path is not unlike the one eventually taken by Microsoft, which was essentially represented in Washington for a long time by a single lobbyist. For a couple of embarrassing years in the mid-1990s, Microsoft's primary lobbying presence was "Jack and his Jeep" -- Jack Krumholz, the software giant's lone in-house lobbyist, who drove a Jeep Grand Cherokee to lobbying visits.
But after the Justice Department filed its antitrust lawsuit in 1998, Microsoft under Krumholz began what was then considered the largest government-affairs makeover in corporate history. The company now has one of the most dominating, multifaceted, and sophisticated influence machines around -- one that spends tens of millions a year. Microsoft has 23 people working out of its government affairs office in Washington; 16 are lobbyists.
Google is not that big. But it is set to move from temporary space on Pennsylvania Avenue NW to new and larger digs on New York Avenue NW. The suite will include a large meeting area where the company plans to hold seminars about the Internet and high-tech issues.
To make friends on Capitol Hill, Google plans to initiate Google 101, a series of tutorials for congressional aides that will teach them how to use Google's search engine better and faster. The aides will learn, for example, how to do simple math by writing numbers in the proper order on Google's search line.
Google has gotten serious about Washington's money game. The company established a political action committee last year and raised $57,220. For the next election, the PAC already has nearly half that amount on hand and company executives expect its political donations to soar.
Google is also attracting attention in the presidential campaign. It is co-sponsoring two candidate debates (one Democratic and one Republican) and has already hosted four presidential contenders at its California headquarters: Sen. Hillary Rodham Clinton (D-N.Y.), Gov. Bill Richardson (D-N.M.), former senator John Edwards (D-N.C.) and Sen. John McCain (R-Ariz.).
Google executives are parading through Washington with some frequency and being well-received, thanks to the advance work of their capital-based staff. In just the past few weeks, Google executives testified to Congress on such issues as immigration (Google wants more highly educated immigrants to work in the United States) and the future of video (Google owns YouTube, the popular video Web site).
The company has peppered the Federal Communications Commission with recommendations on how to handle a major upcoming auction of telecommunications spectrum. Google Washington's Richard S. Whitt, a former head of regulatory affairs at MCI, helped write those suggestions, which the company hopes will enhance people's ability to access the Internet -- and Google.
As for the company's future in Washington, "I expect we will grow in all dimensions," Davidson said. "We're not finished yet."
When it comes to lobbying, Google does not intend to repeat the mistake that its rival Microsoft made a decade ago.
Microsoft was so disdainful of the federal government back then that it had almost no presence in Washington. Largely because of that neglect, the company was blindsided by a government antitrust lawsuit that cost it dearly.
Mindful of that history, Google is rapidly building a substantial presence in Washington and using that firepower against Microsoft, among others.
Google is reaching beyond Washington, as well. To publicize its policy positions and develop grass-roots support, the company introduced the Google Public Policy Blog (http://googlepublicpolicy.blogspot.com/) this week.
"We're seeking to do public policy advocacy in a Googley way," said Andrew McLaughlin, Google's director of public policy and government affairs. "We want our users to be part of the effort."
In its first major policy assault on a competitor, Google's Washington office helped write an antitrust complaint to the Justice Department and other government authorities asserting that Microsoft's new Vista operating system discriminates against Google software. Last night, under a compromise with federal and state regulators, Microsoft agreed to make changes to Vista's operations.
Google credits Microsoft's missteps in the 1990s with helping it see the wisdom of setting up shop in Washington in a big way and using the many tools available in the capital, such as lobbying and lawyering, to get its way on major policy matters.
"The entire tech industry has learned from Microsoft," said Alan B. Davidson, head of Google's Washington office. "Washington and its policy debates are important. We can't ignore them."
Two years ago, Google was on the verge of making that Microsoft-like error. Davidson, then a 37-year-old former deputy director of the Center for Democracy & Technology, was the search-engine company's sole staff lobbyist in Washington. As recently as last year, Google co-founder Sergey Brin had trouble getting meetings with members of Congress.
To change that, Google went on a hiring spree and now has 12 lobbyists and lobbying-related professionals on staff here -- more than double the size of the standard corporate lobbying office -- and is continuing to add people.
Its in-house talent includes such veteran government insiders as communications director Robert Boorstin, a speechwriter and foreign policy adviser in the Clinton White House, and Jamie Brown, a White House lobbyist under President Bush.
Google has also hired some heavyweight outside help to lobby, including the Podesta Group, led by Democrat Anthony T. Podesta, and the law firm King & Spalding, led by former Republican senators Daniel R. Coats (Ind.) and Connie Mack (Fla.). To help steer through regulatory approvals in its proposed acquisition of DoubleClick, an online advertising company, Google recently retained the law firm Brownstein Hyatt Farber Schreck.
"We've had to grow quickly because our company has grown so fast and the issues that impact the Internet have come into greater focus in recent years," Davidson said.
Google's path is not unlike the one eventually taken by Microsoft, which was essentially represented in Washington for a long time by a single lobbyist. For a couple of embarrassing years in the mid-1990s, Microsoft's primary lobbying presence was "Jack and his Jeep" -- Jack Krumholz, the software giant's lone in-house lobbyist, who drove a Jeep Grand Cherokee to lobbying visits.
But after the Justice Department filed its antitrust lawsuit in 1998, Microsoft under Krumholz began what was then considered the largest government-affairs makeover in corporate history. The company now has one of the most dominating, multifaceted, and sophisticated influence machines around -- one that spends tens of millions a year. Microsoft has 23 people working out of its government affairs office in Washington; 16 are lobbyists.
Google is not that big. But it is set to move from temporary space on Pennsylvania Avenue NW to new and larger digs on New York Avenue NW. The suite will include a large meeting area where the company plans to hold seminars about the Internet and high-tech issues.
To make friends on Capitol Hill, Google plans to initiate Google 101, a series of tutorials for congressional aides that will teach them how to use Google's search engine better and faster. The aides will learn, for example, how to do simple math by writing numbers in the proper order on Google's search line.
Google has gotten serious about Washington's money game. The company established a political action committee last year and raised $57,220. For the next election, the PAC already has nearly half that amount on hand and company executives expect its political donations to soar.
Google is also attracting attention in the presidential campaign. It is co-sponsoring two candidate debates (one Democratic and one Republican) and has already hosted four presidential contenders at its California headquarters: Sen. Hillary Rodham Clinton (D-N.Y.), Gov. Bill Richardson (D-N.M.), former senator John Edwards (D-N.C.) and Sen. John McCain (R-Ariz.).
Google executives are parading through Washington with some frequency and being well-received, thanks to the advance work of their capital-based staff. In just the past few weeks, Google executives testified to Congress on such issues as immigration (Google wants more highly educated immigrants to work in the United States) and the future of video (Google owns YouTube, the popular video Web site).
The company has peppered the Federal Communications Commission with recommendations on how to handle a major upcoming auction of telecommunications spectrum. Google Washington's Richard S. Whitt, a former head of regulatory affairs at MCI, helped write those suggestions, which the company hopes will enhance people's ability to access the Internet -- and Google.
As for the company's future in Washington, "I expect we will grow in all dimensions," Davidson said. "We're not finished yet."
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