MetteBB
05-11 03:50 PM
and a Kiwi
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sina
01-15 09:52 AM
You can travel with old visa and new approval i797. I have traveled with these documents and no problem at POE. No need to get new stamping.
You cannot travel with old visa and only receipt of H1 transfer because when you apply a petition you have to be in the country till it is approved. If you travel, some lawyers are of the opinion that the application gets invalidated.
I was in such a situation and I used premium processing and went with the new I-797.
Hope this helps. Also consult your lawyer if you decide to go with the receipt notice only.
You cannot travel with old visa and only receipt of H1 transfer because when you apply a petition you have to be in the country till it is approved. If you travel, some lawyers are of the opinion that the application gets invalidated.
I was in such a situation and I used premium processing and went with the new I-797.
Hope this helps. Also consult your lawyer if you decide to go with the receipt notice only.
villamonte6100
09-19 11:04 AM
That's what I am suggesting. Look back the first reply message. One doesn't gain authority and yell on others just because the person attended the rally.
Ras, looking at the photo at the rally, I think you got the point. Not much attended and I don't see any other nationals there.
Ras, looking at the photo at the rally, I think you got the point. Not much attended and I don't see any other nationals there.
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shantak
11-20 01:44 PM
Wenn Sie ein Kaukasier sind, stehen Sie nicht heraus. Sie m�ssen eine Person der Farbe, aus einem Ausland sein, zu verstehen warum Leute Sprechen sind, was sie sind. Dieses gesagt, ist es aber nat�rlich, dass dieses Forum schwer in Richtung zu den Indern beeinflu�t wird, weil es von Indians gegr�ndet wurde. Mitglieder aus anderen L�ndern sind in diesem Forum aktiv und werden mit den ge�ffneten Armen begr��t. Tats�chlich regt IV Leute aller L�nder an vereinigt zu verbinden und zu stehen.
Gru�
Interesting, I found a website that would translate any language to English and here is the output
"If you are a Caucasian, do not stick out. They must be to be understood a person of the color, from a foreign country, why people are a speech what they are. This said, however, it is natural that this forum is hard influenced in the direction of to the Indians because it was founded by Indians. Members from other lands are active in this forum and are greeted with the open arms. Really moves IV people of all lands in united to connect and to stand."
Gru�
Interesting, I found a website that would translate any language to English and here is the output
"If you are a Caucasian, do not stick out. They must be to be understood a person of the color, from a foreign country, why people are a speech what they are. This said, however, it is natural that this forum is hard influenced in the direction of to the Indians because it was founded by Indians. Members from other lands are active in this forum and are greeted with the open arms. Really moves IV people of all lands in united to connect and to stand."
more...
nashim
07-28 09:35 AM
If you don�t want to go out of USA then you can apply for change of status to change from L1b to H1 or you can go out of USA and get H1b stamping done.
augustus
07-15 04:29 PM
It is sad to know that the majority of the US hates us. If you can't get the bigwigs to cover, little will be known for the real American society. I cannot believe we are treated as somebody who take their jobs away. I have somehow looked at it this way - I become a US visa holder, I become a green card holder, then a I become a US citizen. In many ways, US is gaining new citizens and case in point - "EDUCATED" US CITIZENS out of many visa holders at the moment. So we are a nice catch for them - LONG TERM. I wonder if any American citizen has looked at it that way. Sooner or later, many of us will prefer to become a US Citizen right? I wonder if it is more about the racism factor.
Well, I may be wrong. But I just wonder often times about the foolishness of the society and government at large.
Well, I may be wrong. But I just wonder often times about the foolishness of the society and government at large.
more...
mhtanim
11-12 03:16 PM
http://mexico.usembassy.gov/eng/evisas_third_country.html
I wonder if 3rd country nationals were allowed to apply for a visa in the past in Mexico.
I came into the U.S. 8 years ago on F1 visa, graduated, found a job and got status changed to H-1B. It's odd to see people like me will not be allowed to apply for a H-1B visa in Mexico.
I wonder if 3rd country nationals were allowed to apply for a visa in the past in Mexico.
I came into the U.S. 8 years ago on F1 visa, graduated, found a job and got status changed to H-1B. It's odd to see people like me will not be allowed to apply for a H-1B visa in Mexico.
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Immigstories
01-11 01:32 PM
Gurus
I need some guidance on my situation here: I am currently working on an H1B visa in the US. I was working for company A since Oct '06 and recently moved to Company B in December '07. I have an unexpired H1 visa stamped (associated with Company A) in my passport now. Company B promptly applied and I have the H1 Petition Receipt number (receipt date Dec 3 2007), and as of Jan 11 '08, the case is pending.
I need to travel to India on March 1st and returning on March 23rd. As my H1 petition with Company B is in a pending status, what are my options with regards to H1 visa stamping requirements when I need to re-enter the country on March 23rd '08:
1. Not get a new H1 visa stamp on the passport and travel with the Company A's H1 visa stamp. Is it safe attempting to re-enter the country with the H1 visa stamp from the previous employer? In that case, can I show them the old I797 and explain to the POE officer that I am currently working for a different employer and show them the new receipt notice and letter from the new employer? What if the new H1 Petition is approved a week before my travel date to India or when I am in India?
2. Make the new H1 petition with Company B, premium and obtain an approval. Travel to India with the new I797 with either a visa stamp from canada/mexico consulate or stamping from consulate in India. I would like to avoid this option, if legally permitted, as I may not have the time in India to go for stamping.
I apologize for the long-winded question here, and I greatly appreciate any suggestions or comments you may have. I browsed thru most of the threads in this forum, but did not answers to my specific questions.
Thanks
I need some guidance on my situation here: I am currently working on an H1B visa in the US. I was working for company A since Oct '06 and recently moved to Company B in December '07. I have an unexpired H1 visa stamped (associated with Company A) in my passport now. Company B promptly applied and I have the H1 Petition Receipt number (receipt date Dec 3 2007), and as of Jan 11 '08, the case is pending.
I need to travel to India on March 1st and returning on March 23rd. As my H1 petition with Company B is in a pending status, what are my options with regards to H1 visa stamping requirements when I need to re-enter the country on March 23rd '08:
1. Not get a new H1 visa stamp on the passport and travel with the Company A's H1 visa stamp. Is it safe attempting to re-enter the country with the H1 visa stamp from the previous employer? In that case, can I show them the old I797 and explain to the POE officer that I am currently working for a different employer and show them the new receipt notice and letter from the new employer? What if the new H1 Petition is approved a week before my travel date to India or when I am in India?
2. Make the new H1 petition with Company B, premium and obtain an approval. Travel to India with the new I797 with either a visa stamp from canada/mexico consulate or stamping from consulate in India. I would like to avoid this option, if legally permitted, as I may not have the time in India to go for stamping.
I apologize for the long-winded question here, and I greatly appreciate any suggestions or comments you may have. I browsed thru most of the threads in this forum, but did not answers to my specific questions.
Thanks
more...
illinois_alum
09-02 04:40 PM
How long did it take them to send the SR response? When did u open the SR? Thanks in advance...
I think this is a standard response...saw it on some other post as well...
I think this is a standard response...saw it on some other post as well...
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smuggymba
04-11 12:43 PM
I was looking for getting VISA for my Niece and Nephew, who are below 14yrs. But I didnt find an option for them not going to consulate.
it take more effort n paperwork to get the visa without going to consulate even for the kids below 14, better option is to go to consulate.
My 4 yr old niece went in person for the visa along with an adult of course.
it take more effort n paperwork to get the visa without going to consulate even for the kids below 14, better option is to go to consulate.
My 4 yr old niece went in person for the visa along with an adult of course.
more...
cbpds
04-28 12:27 PM
Right on the point !!, the funniest part is not all the Dem senators themselves support the immigration bill, check out how many dems opposed the motion 3 years back :)
Yes, I firmly believe that Harry Reid will bring CIR to the floor. He will bring it crashing down to the floor.
People, this is just garbage spewing out of these politicians' bodily orifices.
Yes, I firmly believe that Harry Reid will bring CIR to the floor. He will bring it crashing down to the floor.
People, this is just garbage spewing out of these politicians' bodily orifices.
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pamposh
08-08 12:33 PM
Pamposh:
I am in the same boat. Is there anyway of figuring out whether USCIS Vermont recevied and Fwd to TSC / NSC?
What is your back up plan
VSC received the application based on the tracking info from UPS.
Whether they forwarded it to NSC or TSC- I don't know yet.
based on the question 6 in link below from USCIS, i think they will
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
BUT when I don't know! what will be the receipt date? Not sure!
No back up plan! I think we should be ok but don't know for sure. Filed on my own so no attorney to go to.
I am in the same boat. Is there anyway of figuring out whether USCIS Vermont recevied and Fwd to TSC / NSC?
What is your back up plan
VSC received the application based on the tracking info from UPS.
Whether they forwarded it to NSC or TSC- I don't know yet.
based on the question 6 in link below from USCIS, i think they will
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
BUT when I don't know! what will be the receipt date? Not sure!
No back up plan! I think we should be ok but don't know for sure. Filed on my own so no attorney to go to.
more...
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kondur_007
08-21 07:12 PM
Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.
The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).
The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.
Working more is not an issue at all as long as you worked for the sponsoring employer and all the income is reported on one W2 form from the same employer for the stated job on LCA.
On the other hand, I think you have to have "full time job" on H1 unless it is specified as "part time" on LCA specifically. So working less hours may be an issue.
With regard to your second question: the person at the airport is Customs and Border Patrol Officer (the one who stamps I-94). You can write letter with "Dear Officer" address.
Good Luck
The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).
The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.
Working more is not an issue at all as long as you worked for the sponsoring employer and all the income is reported on one W2 form from the same employer for the stated job on LCA.
On the other hand, I think you have to have "full time job" on H1 unless it is specified as "part time" on LCA specifically. So working less hours may be an issue.
With regard to your second question: the person at the airport is Customs and Border Patrol Officer (the one who stamps I-94). You can write letter with "Dear Officer" address.
Good Luck
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camarasa
07-10 01:24 AM
This is a classic example of impotent mind. If you fear to send flowers then you do not deserve even permanent residency of the country where you born:eek:
Take it easy - he was just voicing his opinion.
Take it easy - he was just voicing his opinion.
more...
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insight08
01-15 11:08 AM
Lazycis,
I sent you a pm requesting you to take a look at my situation. Would you be kind enough to give it a glance and let me know your opinion?
Thanks.
I sent you a pm requesting you to take a look at my situation. Would you be kind enough to give it a glance and let me know your opinion?
Thanks.
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Macaca
04-22 09:07 AM
Passing On H-1b Costs to the Employee? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) -- Smart Business Practice or DOL Violation?, by Michael F. Hammond and Damaris Del Valle
After all the costs associated with an H-1B petition are totaled, the sum can be alarming. In order to offset this cost, some employers ask that the beneficiary, the employee who is being hired, reimburse the company in whole or in part. Which costs may and may not be paid by the beneficiary can be a tricky matter. What follows is an analysis of H-1B costs and who may pay what.
All deductions from an H-1B worker’s pay fall into three categories: authorized, unauthorized, or prohibited. Authorized deductions can be taken without worry of whether or not such a deduction will lower the employee’s rate of pay below the required wage rate. Unauthorized deductions, counter to what the term may connote, can be taken from an employee’s wage but are considered non-payment and are only allowed if the beneficiary’s wage rate, after the deduction(s), is greater than the required amount listed on the Labor Condition Application (LCA). Unauthorized deductions cannot push the employee’s wage below either the prevailing wage rate or the actual wage rate, i.e. salaries of those similarly employed and qualified at the work site. Prohibited deductions may not be taken from the employee’s pay regardless of the effect they would have on the required wage rate.
The most straightforward of the deductions is the prohibited deduction. The Training Fee associated with the H-1B petition is the only prohibited deduction associated with the cost of filing an H-1B petition. Rajan v. International Business Solutions, Ltd. and the language in the relevant regulation make it very clear that the Training Fee is to be paid by the employer or a third party; it is not to be reimbursed in part or whole by the employee. This fee must be completely shouldered by the employer or a party who is not the employee.
Deductions are considered by the Department of Labor (DOL) to be authorized if:
The deduction is reported as such on the employer’s payroll records,
The employee has voluntarily agreed to the deduction and such agreement is documented in writing (a job offer which carries a deduction as a condition of employment does not meet this requirement),
The deduction is for a matter that is principally for the benefit of the employee,
The deduction is not a recoupment of the employer’s business expenses,
The amount deducted does not exceed the fair market value or the actual cost (whichever is lower) of the matter covered, and
The amount deducted is not more than 25% of the employee’s disposable earning.
An Education Evaluation arguably qualifies as an authorized deduction. Similar to a translation fee, which is payable by the employee, the employee is benefiting from the evaluation and will be able to use it in the future in his/her private capacity if s/he so wishes. Of course, if the employee is paying for the evaluation, then s/he must be able to acquire a copy of the evaluation so that the future benefit upon which his/her payment is presumed is a real possibility.
Attorney’s fees associated with obtaining H-4 status for family members accompanying the Beneficiary may qualify as authorized deductions since the Beneficiary is the party who primarily benefits from such fees. In addition, attorney fees associated with visa issuance, assuming that international travel is not a requirement for the position, could be properly considered as authorized deductions. In order to properly deduct the attorney fees associated with these processes, it is important that the attorney break down the specifics of how much is being charged for each element of the H-1B process- this will allow the employer to deduct those fees associated with the retention of the visas for the accompanying family members without concerning itself with the deduction requirements necessary for unauthorized deductions.
The circumstances surrounding the Premium Processing Fee determine if deduction of the fee is to qualify as authorized or unauthorized. While the speedy decision that the Premium Processing Fee guarantees often benefits both the employer and the employee, it is important to take notice of which party requests and benefits most from premium processing. If the employee has decided to utilize premium processing for his/her own personal benefit, then the employer may be reimbursed by the employee in accordance with the requirements established by the DOL for authorized deductions. If the employer is the party desiring premium process and who will benefit from such processing, then any deductions from the employee’s pay are unauthorized and, as such Deduction of attorney’s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer’s business expenses and, for this reason, are not authorized deductions. These fees may be deducted from the employee’s pay so long as they do not drop the rate of pay below the required wage rate.
It is not clear whether or not the Fraud Fee which was implemented in March 2005 is unauthorized or prohibited. The language of the act regarding the Fraud Fee states that “the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition.”10 Almost identical language is used in the Act to refer to the Training Fee.11 Such similarity could be read to mean that the restrictions of the Training Fee also apply to the Fraud Fee. However, 20 C.F.R. 655 is explicit in saying that the employee cannot pay the Training Fee; no such statement is made regarding the Fraud Fee. The regulation regarding the Training Fee, 20 C.F.R. 655, predates the creation of the Fraud Fee, which may explain this discrepancy. Nonetheless, the language referring to the Fraud Fee is not explicitly prohibitive and an employer may decide to be reimbursed by the employee. If an employer chooses to do so, any deductions from the employee’s salary to pay for this fee must meet the DOL requirements for unauthorized deductions. 12
Before any payments are made by the employee or deductions are taken from his/her pay to reimburse the employer, it must be determined if such deduction is permitted and if so, whether or not it is authorized or unauthorized. Once these preliminary determinations are made, appropriate steps must be taken to ensure that the DOL’s requirements are met. As a practical matter, there are very few circumstances in which the prospective employee could legally be made to pay for the costs associated with the H-1b process without an employer risking non-compliance and causing significant record keeping.
After all the costs associated with an H-1B petition are totaled, the sum can be alarming. In order to offset this cost, some employers ask that the beneficiary, the employee who is being hired, reimburse the company in whole or in part. Which costs may and may not be paid by the beneficiary can be a tricky matter. What follows is an analysis of H-1B costs and who may pay what.
All deductions from an H-1B worker’s pay fall into three categories: authorized, unauthorized, or prohibited. Authorized deductions can be taken without worry of whether or not such a deduction will lower the employee’s rate of pay below the required wage rate. Unauthorized deductions, counter to what the term may connote, can be taken from an employee’s wage but are considered non-payment and are only allowed if the beneficiary’s wage rate, after the deduction(s), is greater than the required amount listed on the Labor Condition Application (LCA). Unauthorized deductions cannot push the employee’s wage below either the prevailing wage rate or the actual wage rate, i.e. salaries of those similarly employed and qualified at the work site. Prohibited deductions may not be taken from the employee’s pay regardless of the effect they would have on the required wage rate.
The most straightforward of the deductions is the prohibited deduction. The Training Fee associated with the H-1B petition is the only prohibited deduction associated with the cost of filing an H-1B petition. Rajan v. International Business Solutions, Ltd. and the language in the relevant regulation make it very clear that the Training Fee is to be paid by the employer or a third party; it is not to be reimbursed in part or whole by the employee. This fee must be completely shouldered by the employer or a party who is not the employee.
Deductions are considered by the Department of Labor (DOL) to be authorized if:
The deduction is reported as such on the employer’s payroll records,
The employee has voluntarily agreed to the deduction and such agreement is documented in writing (a job offer which carries a deduction as a condition of employment does not meet this requirement),
The deduction is for a matter that is principally for the benefit of the employee,
The deduction is not a recoupment of the employer’s business expenses,
The amount deducted does not exceed the fair market value or the actual cost (whichever is lower) of the matter covered, and
The amount deducted is not more than 25% of the employee’s disposable earning.
An Education Evaluation arguably qualifies as an authorized deduction. Similar to a translation fee, which is payable by the employee, the employee is benefiting from the evaluation and will be able to use it in the future in his/her private capacity if s/he so wishes. Of course, if the employee is paying for the evaluation, then s/he must be able to acquire a copy of the evaluation so that the future benefit upon which his/her payment is presumed is a real possibility.
Attorney’s fees associated with obtaining H-4 status for family members accompanying the Beneficiary may qualify as authorized deductions since the Beneficiary is the party who primarily benefits from such fees. In addition, attorney fees associated with visa issuance, assuming that international travel is not a requirement for the position, could be properly considered as authorized deductions. In order to properly deduct the attorney fees associated with these processes, it is important that the attorney break down the specifics of how much is being charged for each element of the H-1B process- this will allow the employer to deduct those fees associated with the retention of the visas for the accompanying family members without concerning itself with the deduction requirements necessary for unauthorized deductions.
The circumstances surrounding the Premium Processing Fee determine if deduction of the fee is to qualify as authorized or unauthorized. While the speedy decision that the Premium Processing Fee guarantees often benefits both the employer and the employee, it is important to take notice of which party requests and benefits most from premium processing. If the employee has decided to utilize premium processing for his/her own personal benefit, then the employer may be reimbursed by the employee in accordance with the requirements established by the DOL for authorized deductions. If the employer is the party desiring premium process and who will benefit from such processing, then any deductions from the employee’s pay are unauthorized and, as such Deduction of attorney’s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer’s business expenses and, for this reason, are not authorized deductions. These fees may be deducted from the employee’s pay so long as they do not drop the rate of pay below the required wage rate.
It is not clear whether or not the Fraud Fee which was implemented in March 2005 is unauthorized or prohibited. The language of the act regarding the Fraud Fee states that “the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition.”10 Almost identical language is used in the Act to refer to the Training Fee.11 Such similarity could be read to mean that the restrictions of the Training Fee also apply to the Fraud Fee. However, 20 C.F.R. 655 is explicit in saying that the employee cannot pay the Training Fee; no such statement is made regarding the Fraud Fee. The regulation regarding the Training Fee, 20 C.F.R. 655, predates the creation of the Fraud Fee, which may explain this discrepancy. Nonetheless, the language referring to the Fraud Fee is not explicitly prohibitive and an employer may decide to be reimbursed by the employee. If an employer chooses to do so, any deductions from the employee’s salary to pay for this fee must meet the DOL requirements for unauthorized deductions. 12
Before any payments are made by the employee or deductions are taken from his/her pay to reimburse the employer, it must be determined if such deduction is permitted and if so, whether or not it is authorized or unauthorized. Once these preliminary determinations are made, appropriate steps must be taken to ensure that the DOL’s requirements are met. As a practical matter, there are very few circumstances in which the prospective employee could legally be made to pay for the costs associated with the H-1b process without an employer risking non-compliance and causing significant record keeping.
more...
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2003doc
07-17 06:01 PM
the best thing he could do is get married ASAP may be tomorrow and file I 485 for him and his wife together otherwise he will be in very bad situation. If in OCt his PD is current he will get stuck as he can not sponsor wife for a long time. and if there is severe retrogession than he will not be able to bring his wife to US unless hisnon-immigrant visa is still valid( still his wife would be in danger of being out of status)....So act NOW
Hi,
This is for a good friend of mine. He is going to get married in dec 2007. He has already applied for 140 premium processing. There is a opportunity to apply for 485 by end of this month and he has asked me for advice on this matter. His labor has PD March 2005(got cleared).
My request to all IV members is to give me some advice that I can pass on to him.
Please help !
Hi,
This is for a good friend of mine. He is going to get married in dec 2007. He has already applied for 140 premium processing. There is a opportunity to apply for 485 by end of this month and he has asked me for advice on this matter. His labor has PD March 2005(got cleared).
My request to all IV members is to give me some advice that I can pass on to him.
Please help !
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pnagar
05-16 10:32 AM
My $100..
Paypal ID #8BB01536AL566510N
Thanks
Paypal ID #8BB01536AL566510N
Thanks
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gcisadawg
02-03 02:12 PM
hello boss...
whoever is replying to my thread...
iam not faking or frauding anything ..and you guys dont have any right to tell me.
I had a very nice job back in my home country and iam well experienced guy..
unfortunately due to some personal reasons nothing strike me in my way.
u guys dont have to be so rude.
thought i will get help from this forum but not a negative response
thanku very much
I understand you are experienced and had a great job at home! But do you understand that you have already broken the law?
whoever is replying to my thread...
iam not faking or frauding anything ..and you guys dont have any right to tell me.
I had a very nice job back in my home country and iam well experienced guy..
unfortunately due to some personal reasons nothing strike me in my way.
u guys dont have to be so rude.
thought i will get help from this forum but not a negative response
thanku very much
I understand you are experienced and had a great job at home! But do you understand that you have already broken the law?
egoldy
01-30 04:50 AM
<3 AS3 Random Circle with Blend Mode by egoldy
lava lamp style FTW! :stare:
Thank you very much. :)
lava lamp style FTW! :stare:
Thank you very much. :)
pbojja
08-15 03:39 PM
My I140 is approved on 12th August . Looks like they found the transfered files atlast.
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