waiting4gc02
05-17 08:17 AM
Guys:
Here is my scenario :
We have a 3 year extension( H1-B for myself) and (H4 for my wife) based on an approved I-140 valid till Feb'2010.
I am going to apply for I-485(both) next month and EAD for my wife.
My questions are :
A) Do I need to apply for EAD for myself ? If yes, what are the benefits ? Does it help to have an EAD, if I decide to change jobs using AC21 after 180 days of filing I-485 ? Or any other benefit ?
B) Do I need to apply for AP for both me and my wife ? Can't we travel and then get Visa stamped for 3 years (till 2010) based on the I-797 that I have ?
Do we have to use AP only if we want to travel, once we have filed I-485 ?
Thanks for your time.
Here is my scenario :
We have a 3 year extension( H1-B for myself) and (H4 for my wife) based on an approved I-140 valid till Feb'2010.
I am going to apply for I-485(both) next month and EAD for my wife.
My questions are :
A) Do I need to apply for EAD for myself ? If yes, what are the benefits ? Does it help to have an EAD, if I decide to change jobs using AC21 after 180 days of filing I-485 ? Or any other benefit ?
B) Do I need to apply for AP for both me and my wife ? Can't we travel and then get Visa stamped for 3 years (till 2010) based on the I-797 that I have ?
Do we have to use AP only if we want to travel, once we have filed I-485 ?
Thanks for your time.
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rameshk
03-31 11:13 PM
Hi,
I have donated $100 for the advocacy day. But I still cannot access the donar forum. How to request this access?
Thanks,
Ramesh
Important information is available on this in the Donor Forum. VBKris77 have compiled the information from the previous analysis and the latest information released by Dept. of State and IV's recommendation.
But I am not allowed to post the information here...:D
I have donated $100 for the advocacy day. But I still cannot access the donar forum. How to request this access?
Thanks,
Ramesh
Important information is available on this in the Donor Forum. VBKris77 have compiled the information from the previous analysis and the latest information released by Dept. of State and IV's recommendation.
But I am not allowed to post the information here...:D
Milind123
07-18 11:24 PM
Can he be sued for repeatedly misreporting facts?
Of course he can be sued. You just need to prove that you were harmed by his inane comments.
Of course he can be sued. You just need to prove that you were harmed by his inane comments.
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royus77
06-21 01:11 PM
In the section 11 of the document what should be the text incase you are supporting your spouse and child @100%
Appreciate your help
///////////////////////////////
I
intend
do not intend to make specific contributions to the support of the person(s) named in item 3.
(If you check "intend," indicate the exact nature and duration of the contributions. For example, if you intend to furnishroom and board, state for how long and, if money, state the amount in U.S. dollars and state whether it is to be given in a lumpsum, weekly or monthly, and for how long.
///////////////////////////////////////////////////
Thanks
roy
Appreciate your help
///////////////////////////////
I
intend
do not intend to make specific contributions to the support of the person(s) named in item 3.
(If you check "intend," indicate the exact nature and duration of the contributions. For example, if you intend to furnishroom and board, state for how long and, if money, state the amount in U.S. dollars and state whether it is to be given in a lumpsum, weekly or monthly, and for how long.
///////////////////////////////////////////////////
Thanks
roy
more...
aat0995
08-07 09:42 AM
First of all let me tell you that I am EB2 with MS from a US university. However, I do not agree to your terms! This is just not fair. If a person filed under eb3 at a point then he/she should be able to transfer it to EB2 using the same old dates. What is the problem with that mate? After all they are waiting since a long time just like us!
kshitijnt
05-10 02:26 AM
Hunter, this is the first sensible post from you. Now you agree that abusers of this H1 visa system are corporations not the immigrants on their own. So far you were busy bashing immigrants.
Also if US is a free market and capitalist society, why should corporates employ "whoever" is locally available. Its a private money afterall. Shouldent it be upto them to decide how to spend? Also most US corps, have local presence and as for taking a tax break, I hope companies did not promise to create "ALL" jobs in US. Majority of local jobs go to US citizens. They still create thousands of local jobs and pay H1 visa fees part of which goes to train american workforce. If the wages were equal, its more expensive for a company to hire H1 worker.
Also if US is a free market and capitalist society, why should corporates employ "whoever" is locally available. Its a private money afterall. Shouldent it be upto them to decide how to spend? Also most US corps, have local presence and as for taking a tax break, I hope companies did not promise to create "ALL" jobs in US. Majority of local jobs go to US citizens. They still create thousands of local jobs and pay H1 visa fees part of which goes to train american workforce. If the wages were equal, its more expensive for a company to hire H1 worker.
more...
chanduv23
11-02 10:15 PM
whats hte next step
ilikekilo and other friends,
please contact itisnotfunny - send a PM - to volunteer for further steps. Thanks for all the help
ilikekilo and other friends,
please contact itisnotfunny - send a PM - to volunteer for further steps. Thanks for all the help
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mallu
08-04 09:14 PM
FBI NAME CHECK banners (see below) should be displayed during the september rally to illustrate the painful delay in the NAME CHECK process.
DELAY IN SECURITY CHECK UNDERMINES THE GOAL OF NATION'S SECURITY!!
PREVENTION IS BETTER THAN CURE!!!
LONGER THE DELAY GREATER THE RISK!!
Media and Congress WILL PAY to this issue!
As a result the applicants will be denied EAD and H1B extensions, rather than
fixing the lengthy name check issues.
DELAY IN SECURITY CHECK UNDERMINES THE GOAL OF NATION'S SECURITY!!
PREVENTION IS BETTER THAN CURE!!!
LONGER THE DELAY GREATER THE RISK!!
Media and Congress WILL PAY to this issue!
As a result the applicants will be denied EAD and H1B extensions, rather than
fixing the lengthy name check issues.
more...
immigrationvoice1
03-24 03:51 PM
Its been over 3 hours now that I informed CapitalOne that the discrimination is illegal. And as expected, no reply received yet.
Got a reply back just now
My mail to Capital One after getting the initial response:
Craig,
Thank you for the reply.
I am surprised by the disqualification since the Department of Homeland Security (DHS) had issued the EAD. DHS has set clear guidelines not to discriminate based on any of the authorized work documents issued by them, EAD being one of them. The I-9 form required to be filled in by every employee (citizen or otherwise) clearly mentions this.
Are you sure CapitalOne does not allow candidates who are on EAD specially when it does not require sponsorship from the employer ?
Response that I received for the above email:
Thanks for your message. The information regarding Capital One's policy on pursuing EAD card holders is correct. We are only able to pursue US Citizens or Green Card holders for these roles. I'm sorry, but we won't be able to consider your candidacy at this time.
Best Regards,
Craig
Got a reply back just now
My mail to Capital One after getting the initial response:
Craig,
Thank you for the reply.
I am surprised by the disqualification since the Department of Homeland Security (DHS) had issued the EAD. DHS has set clear guidelines not to discriminate based on any of the authorized work documents issued by them, EAD being one of them. The I-9 form required to be filled in by every employee (citizen or otherwise) clearly mentions this.
Are you sure CapitalOne does not allow candidates who are on EAD specially when it does not require sponsorship from the employer ?
Response that I received for the above email:
Thanks for your message. The information regarding Capital One's policy on pursuing EAD card holders is correct. We are only able to pursue US Citizens or Green Card holders for these roles. I'm sorry, but we won't be able to consider your candidacy at this time.
Best Regards,
Craig
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ram_ram
01-04 03:25 PM
http://www.murthy.com/ed_news/edyear06.html
pro-bono -> To work for the good of the public rather than for a profit or income.
Looking forward to the coming year, our goals for outreach expand to certain pro-bono cases and lobbying for improvements in laws and procedures to benefit our clients and U.S. businesses that are suffering as long as caps and retrogression remain as they are. We will continue to fight for you and your causes in 2006 and beyond. We will further strengthen our fight for better pro-immigration laws. We at the Murthy Law Firm will work to persuade the USCIS to issue opinions and letters that better address the business realities, requiring faster decisions and interpretations to help the business community and unite families - all for a better America!
pro-bono -> To work for the good of the public rather than for a profit or income.
Looking forward to the coming year, our goals for outreach expand to certain pro-bono cases and lobbying for improvements in laws and procedures to benefit our clients and U.S. businesses that are suffering as long as caps and retrogression remain as they are. We will continue to fight for you and your causes in 2006 and beyond. We will further strengthen our fight for better pro-immigration laws. We at the Murthy Law Firm will work to persuade the USCIS to issue opinions and letters that better address the business realities, requiring faster decisions and interpretations to help the business community and unite families - all for a better America!
more...
jayZinDC
01-26 12:32 PM
The funniest thing is 3/4 of the countries on the list are part of the erstwhile British empire. How's that for irony. They loot and dominate you on one hand and subject you to inane laws on the other. Here is a classic example of what is good for the goose is not good for the gander.
But here is another link to a funny article on the reverse
http://my.telegraph.co.uk/sigourd_shack/october_2007/thinking_of_travelling_to_india_for_a_holiday_or_b .htm
Found this on the site:
COUNTRY NATIONALS REQUIRING DIRECT AIRSIDE TRANSIT VISA:
AFGHANISTAN, ALBANIA, ALGERIA, ANGOLA, BANGLADESH, BELARUS, BURMA (MYANMAR), BURUNDI, CAMEROON, PEOPLES REPUBLIC OF CHINA, COLOMBIA, CONGO-BRAZZAVILLE, DEMOCRATIC REPUBLIC OF CONGO (ZAIRE), ECUADOR, ERITREA, ETHIOPIA, GAMBIA, GHANA, GUINEA, GUINEA-BISSAU, INDIA, IRAN, IRAQ, IVORY COAST, KENYA, LEBANON, LIBERIA, MACEDONIA, MALAWI*, MOLDOVA, MONGOLIA, MONTENEGRO, NEPAL, NIGERIA, PAKISTAN, PALESTINIAN AUTHORITY, RWANDA, SENEGAL, SERBIA, SIERRA LEONE, SOMALIA, SRI LANKA, SUDAN, TANZANIA, TURKEY, TRNC, UGANDA, VIETNAM, YUGOSLAVIA, ZAIRE (FORMERLY DEMOCRATIC REPUBLIC OF CONGO), ZIMBABWE.
In other words:
Color of Skin: Different shades of Brown.
Language: Predominantly non English.
Facial Features: Non Anglo Saxon (Indian, Arab, Oriental, African)
Economic Condition of the Country: so so to very bad.
If all the above points apply to you, then you must apply for a DAT Visa.
BTW Did they exclude any African country from the list?
But here is another link to a funny article on the reverse
http://my.telegraph.co.uk/sigourd_shack/october_2007/thinking_of_travelling_to_india_for_a_holiday_or_b .htm
Found this on the site:
COUNTRY NATIONALS REQUIRING DIRECT AIRSIDE TRANSIT VISA:
AFGHANISTAN, ALBANIA, ALGERIA, ANGOLA, BANGLADESH, BELARUS, BURMA (MYANMAR), BURUNDI, CAMEROON, PEOPLES REPUBLIC OF CHINA, COLOMBIA, CONGO-BRAZZAVILLE, DEMOCRATIC REPUBLIC OF CONGO (ZAIRE), ECUADOR, ERITREA, ETHIOPIA, GAMBIA, GHANA, GUINEA, GUINEA-BISSAU, INDIA, IRAN, IRAQ, IVORY COAST, KENYA, LEBANON, LIBERIA, MACEDONIA, MALAWI*, MOLDOVA, MONGOLIA, MONTENEGRO, NEPAL, NIGERIA, PAKISTAN, PALESTINIAN AUTHORITY, RWANDA, SENEGAL, SERBIA, SIERRA LEONE, SOMALIA, SRI LANKA, SUDAN, TANZANIA, TURKEY, TRNC, UGANDA, VIETNAM, YUGOSLAVIA, ZAIRE (FORMERLY DEMOCRATIC REPUBLIC OF CONGO), ZIMBABWE.
In other words:
Color of Skin: Different shades of Brown.
Language: Predominantly non English.
Facial Features: Non Anglo Saxon (Indian, Arab, Oriental, African)
Economic Condition of the Country: so so to very bad.
If all the above points apply to you, then you must apply for a DAT Visa.
BTW Did they exclude any African country from the list?
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MCQ
11-12 12:18 PM
For more information, we went to visit our home country and re-entered from JFK with no issue twice after 2004. We got H4 tranfered, EAD advanced Payrole too with no issue al all. Looks like "nunc pro tunc" is the solution according to Murthy. Anybody has experience with "nunc pro tunc" please post your experience. http://www.murthy.com/news/n_nunpro.html
gc4me - I have experience using "nunc pro tunc" - and it saved my I-485 (AC21).
I had just come back from vacation (09/01) and the Officer at the POE stamped my I-94 with the date on my visa (11/01), instead of the date of my then H1-B extension I-797 approval notice (03/03) which I had with me.
I explained to her she had stamped the wrong date, she said that was all I was allowed. I tought this wrong so mentioned it my attorney when I got home. My attorney confirmed that the POE Officer was wrong - so drafted a letter for me to take to my local INS Office to get the card corrected - along with one of her paralegal assistants. The Officer at the INS office took one look at the letter and supporting documents and told me I was ok as the I-797 had me covered to 2003. The paralegal then typed up a eport of the meeting with the INS, saying everything was ok, and we thought that was the end of the matter.
How wrong we were.
I next left the US to go on vacation in November 2002. By this time I had renewed my visa through the now non-existant Department of State mail in program, got my Labour Certificate, my I-140 and had filed my I-485. The issue of my erroneously stamped I-94 was a distant memory and I had no trouble getting back into the US with the new Visa, and my I-797.
The following Februaury my company ran into some problems and I was let go. Luckily I had passed the magic 180 days so was able to invoke AC21 and went to find a new job, which I did. My new employers were quite happy to take over the GC sponsorship as all they had to do was send a letter to the now USCIS and work with their lawyers.
That's where the trouble started. USCIS got the letter, put it on my file and started their review of my I-485.
They then sent me an RFE asking me to prove I had been here legally between the expiration of my old I-94 in 11/01 and when I submitted the I-485 in July 2002. (I-485 for AOS can only be submitted if you are legally in the US at time of submittal). I was devastated as it looked as though they were going to deny my I-485 due to an INS mistake.
As it was more than 365 days from when my I-94 "Expired" till I left on my next trip, I was looking at deportation and a 10 year ban from the United States.
Luckily it is a good thing I am a pack rat and keep every bit of correspondance between me and my lawyers. I was able to go to my new lawyers with the info and statements from my old lawyers about what had happened back in 2001 with the INS and my I-94 and after getting Sworn Affadavits (on pain of Perjury) from my old lawyer, paralegal and myself, we went to the local USCIS office and made an appointment with the Director and asked for a "Nunc pro Tunc" decision on the I-94 as it was clearly an INS mistake and that we had acted in Good Faith throughout in trusting the INS official.
We got the "Nunc pro Tunc" and responded to the RFE. Six weeks after that - I got the I-485 Approval notice and my passport stamped the week after.
The things for anyone to take away from my experience are.
1. When you realize a mistake has been made - act on it immediately - like I did as soon as I left the airport on September 2001
2. Document everything - to prove that you acted in Good Faith throughout the process.
Every conversation you have with someone relating to your case - your employer, your lawyer, the USCIS - get the main points in writing - email is graet for this - fire off an email - get confirmation (ok - not so helpful when talking to USCIS)
3. Keep EVERYTHING. take photocopies of I-94's, I-797's - everything. Every letter, every email. You never know when you'll need them.
4. Yes, the Government really does know where everything is in your file and they will catch even the smallest mistake.
Hope that helps you gc4me. If you can prove you acted in Good Faith throughout the whole process from finding the mistake and trying to correct it - your chances of getting the "nunc pro tunc" go up.
GOOD LUCK
gc4me - I have experience using "nunc pro tunc" - and it saved my I-485 (AC21).
I had just come back from vacation (09/01) and the Officer at the POE stamped my I-94 with the date on my visa (11/01), instead of the date of my then H1-B extension I-797 approval notice (03/03) which I had with me.
I explained to her she had stamped the wrong date, she said that was all I was allowed. I tought this wrong so mentioned it my attorney when I got home. My attorney confirmed that the POE Officer was wrong - so drafted a letter for me to take to my local INS Office to get the card corrected - along with one of her paralegal assistants. The Officer at the INS office took one look at the letter and supporting documents and told me I was ok as the I-797 had me covered to 2003. The paralegal then typed up a eport of the meeting with the INS, saying everything was ok, and we thought that was the end of the matter.
How wrong we were.
I next left the US to go on vacation in November 2002. By this time I had renewed my visa through the now non-existant Department of State mail in program, got my Labour Certificate, my I-140 and had filed my I-485. The issue of my erroneously stamped I-94 was a distant memory and I had no trouble getting back into the US with the new Visa, and my I-797.
The following Februaury my company ran into some problems and I was let go. Luckily I had passed the magic 180 days so was able to invoke AC21 and went to find a new job, which I did. My new employers were quite happy to take over the GC sponsorship as all they had to do was send a letter to the now USCIS and work with their lawyers.
That's where the trouble started. USCIS got the letter, put it on my file and started their review of my I-485.
They then sent me an RFE asking me to prove I had been here legally between the expiration of my old I-94 in 11/01 and when I submitted the I-485 in July 2002. (I-485 for AOS can only be submitted if you are legally in the US at time of submittal). I was devastated as it looked as though they were going to deny my I-485 due to an INS mistake.
As it was more than 365 days from when my I-94 "Expired" till I left on my next trip, I was looking at deportation and a 10 year ban from the United States.
Luckily it is a good thing I am a pack rat and keep every bit of correspondance between me and my lawyers. I was able to go to my new lawyers with the info and statements from my old lawyers about what had happened back in 2001 with the INS and my I-94 and after getting Sworn Affadavits (on pain of Perjury) from my old lawyer, paralegal and myself, we went to the local USCIS office and made an appointment with the Director and asked for a "Nunc pro Tunc" decision on the I-94 as it was clearly an INS mistake and that we had acted in Good Faith throughout in trusting the INS official.
We got the "Nunc pro Tunc" and responded to the RFE. Six weeks after that - I got the I-485 Approval notice and my passport stamped the week after.
The things for anyone to take away from my experience are.
1. When you realize a mistake has been made - act on it immediately - like I did as soon as I left the airport on September 2001
2. Document everything - to prove that you acted in Good Faith throughout the process.
Every conversation you have with someone relating to your case - your employer, your lawyer, the USCIS - get the main points in writing - email is graet for this - fire off an email - get confirmation (ok - not so helpful when talking to USCIS)
3. Keep EVERYTHING. take photocopies of I-94's, I-797's - everything. Every letter, every email. You never know when you'll need them.
4. Yes, the Government really does know where everything is in your file and they will catch even the smallest mistake.
Hope that helps you gc4me. If you can prove you acted in Good Faith throughout the whole process from finding the mistake and trying to correct it - your chances of getting the "nunc pro tunc" go up.
GOOD LUCK
more...
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god_bless_you
06-25 12:58 PM
Another answer from Rajiv Khanna: on multiple 485s
I recommend both husband wife file for yourselves and for each other. So between the two , there will be four 485 applications. One: Wife as primary, husband as derivative. Second, husband as primary and wife as derivative. We do this all the time and this is the safest thing to do. You will keep whichever 485 set gets approved, first, the other will be rejected by CIS.
and you need to fillup the same A# which are assigned with first set if you are filing second set 485's at later date
I recommend both husband wife file for yourselves and for each other. So between the two , there will be four 485 applications. One: Wife as primary, husband as derivative. Second, husband as primary and wife as derivative. We do this all the time and this is the safest thing to do. You will keep whichever 485 set gets approved, first, the other will be rejected by CIS.
and you need to fillup the same A# which are assigned with first set if you are filing second set 485's at later date
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ramus
06-29 07:04 PM
There is more update on AILA web-site...
"Follow-up to Update on July Visa Availability"
Can anybody find out what is it?
"Follow-up to Update on July Visa Availability"
Can anybody find out what is it?
more...
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nc14
07-11 07:28 AM
Great job guys. GO IV GO.. and salute to the Mahatama
http://www.ibnlive.com/news/immigrants-refused-green-cards-take-to-gandhigiri/44667-2.html
http://www.ibnlive.com/videos/44667/immigrants-refused-green-cards-take-to-gandhigiri.html
.................................................. ..........................
$200
http://www.ibnlive.com/news/immigrants-refused-green-cards-take-to-gandhigiri/44667-2.html
http://www.ibnlive.com/videos/44667/immigrants-refused-green-cards-take-to-gandhigiri.html
.................................................. ..........................
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foobar2001
09-08 08:58 PM
Thanks for your reply - but I looked at both email and they are exactly same except for approval date on them. that confused me :confused:
how long it's taking to get actual card in mail after getting production email/ status update?
yup - i got duplicate CPO emails as well - one on sep 1 and another on sep 2. The LUD date also changed from sep 1 to sep 2 after the 2 updates. Today i got the 485 approved email.
Dont have the GC in hand yet - looks like none of the folks who got current in Sep have received their GCs yet. Speaking to some folks who got current last month, it seems like most folks had GCs in hand within 10-15 days of the first status update regarding CPO.
how long it's taking to get actual card in mail after getting production email/ status update?
yup - i got duplicate CPO emails as well - one on sep 1 and another on sep 2. The LUD date also changed from sep 1 to sep 2 after the 2 updates. Today i got the 485 approved email.
Dont have the GC in hand yet - looks like none of the folks who got current in Sep have received their GCs yet. Speaking to some folks who got current last month, it seems like most folks had GCs in hand within 10-15 days of the first status update regarding CPO.
more...
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gbof
10-02 08:33 PM
same here.. still waiting, Opened SR - Under Review and senator inquiry but same reply.
Good LUCK, dipika
Good LUCK, dipika
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GCKaMaara
01-09 01:46 PM
There is a rumor that Obama is considering Citizenship for people who have paid Income Tax for a certain period. Core is it possible to dig more on this and find if it is just a rumor?
hmmmmmmmm.
Googled. Found nothing! Can you post the URL?
hmmmmmmmm.
Googled. Found nothing! Can you post the URL?
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senthil1
04-23 09:54 PM
This is a good bill. The 50% rule will impact Indian bodyshoppers and Top Indian outsourcing companies. But genuine companies like Microsoft,Google, Oracle and other US companies will not be impacted that much as they sincerely search whether US talent is available. But will it pass? In 2007 it did not move as they planned to consider for CIR. This time also same argument may come. But some genuine Indian consulting companies also will be impacted. But system will adjust quickly even if this bill passes.
B1/B2 is always prone to reject by 221(b). Wont impact that much.
B1/B2 is always prone to reject by 221(b). Wont impact that much.
amitjoey
07-11 02:24 AM
The flower campaign turned out to be an amazing success!!. It achieved, what it set out to achieve, Media interest!!. Amazing articles, more will be comming for sure. GREAT JOB!!. Thanks to everyone that has made this a big success!!, special thanks to Nixtor for going out there, and english_august for continued commitment to turn the campaign into a success.
Ofcourse, Thanks to countless individuals for submitting stories, digging, emailing reporters, talking to reporters, and most importantly sending flowers.
Ofcourse, Thanks to countless individuals for submitting stories, digging, emailing reporters, talking to reporters, and most importantly sending flowers.
glus
06-29 07:24 PM
WEDNESDAY - Suspended I-140 PPS anticipating huge demand from people
for whom the visa numbers would be available - FACT!!
FRIDAY - Allowed doctors from "any area" - FACT!!
MONDAY - We won't accept any applications?????? ----RUMOUR
they don't add up
That's true. the 3rd must be rumor!!!!!
for whom the visa numbers would be available - FACT!!
FRIDAY - Allowed doctors from "any area" - FACT!!
MONDAY - We won't accept any applications?????? ----RUMOUR
they don't add up
That's true. the 3rd must be rumor!!!!!
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