indyanguy
11-07 02:25 PM
I am bumping this old thread since I might have missed something in this discussion.
Some advantages of staying on H1 stated earlier were:
Pros of using H1B:
1. If I-485 denied or having issues in getting approved, then you can still continue with your H1B and have peace of mind.
2. You can bring your spouse / dependents using H4
3. Getting Driving License renewal up to the duration of H1 is not a problem.
4. Can renew in 3 years time period after I-140 approval and can avoid frequent renewal of EAD hassle.
5. EAD renewal every year is expensive and can save money!
For me:
(2) is invalid (Already married, wife on independent visa)
(3) don't know (Heard it's more flexible now, so willing to take this risk)
(4) USICS started issuing 2 year EAD, so the difference is only 1 year additional extension with H1 (Not a problem for me personally)
(5) is invalid (Most of us renew EADs even if we dont use them)
which brings me to (1). How does having H1 give peace of mind? Hypothetically, if 485 is denied and H1 was extended beyond 6 years based on a pending AOS, is it still valid during MTR/Appeal? If it is, since EAD doesn't provide this privelege, I think this is the only reason why people should stay on H1?
Thanks!
Some advantages of staying on H1 stated earlier were:
Pros of using H1B:
1. If I-485 denied or having issues in getting approved, then you can still continue with your H1B and have peace of mind.
2. You can bring your spouse / dependents using H4
3. Getting Driving License renewal up to the duration of H1 is not a problem.
4. Can renew in 3 years time period after I-140 approval and can avoid frequent renewal of EAD hassle.
5. EAD renewal every year is expensive and can save money!
For me:
(2) is invalid (Already married, wife on independent visa)
(3) don't know (Heard it's more flexible now, so willing to take this risk)
(4) USICS started issuing 2 year EAD, so the difference is only 1 year additional extension with H1 (Not a problem for me personally)
(5) is invalid (Most of us renew EADs even if we dont use them)
which brings me to (1). How does having H1 give peace of mind? Hypothetically, if 485 is denied and H1 was extended beyond 6 years based on a pending AOS, is it still valid during MTR/Appeal? If it is, since EAD doesn't provide this privelege, I think this is the only reason why people should stay on H1?
Thanks!
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arc
06-13 04:51 PM
We need help for EB3 I Category...
Also we need a legislation declaring EAD as temp GC, and include the EAD years in Citizenship.
May be we can become US Citizens before GC holders :D How is that for a thought!!!
IV pls. help!
Also we need a legislation declaring EAD as temp GC, and include the EAD years in Citizenship.
May be we can become US Citizens before GC holders :D How is that for a thought!!!
IV pls. help!
reddy2cool
10-02 11:07 PM
Well, I don't think gctest is against EB3. He is against consultants from sleazy bodyshopping companies, which is right.
A career based on lies and deception is criminal in my humble opinion. There are people who actually came to US with valid experience and education, but still end up applying in EB-3 because the employer did not oblige. Sad for them, but it again boils down to the fact that if the job description qualified them for EB-2, then they got cheated. Otherwise, it is just.
I would like to clear the stand that I am a MS holder from an American university and I work as a Sr. Engineer in one of the top internet firms. I left an offer from that crappy operating system maker because that job did not require MS or even BS+5. It was BS+3. I chose a job where I get to apply in EB2.
People who crib about not getting a chance, even though their job description did not support it are wrong, IMO. NO ONE forced you in to that job. This is not slavery and US is not the only place where you can get a job.
Sorry but i dont agree if you call the consultants sleazy or any other thing. Everybody fights to survive here and they are taking a risk at their own cost hence they are benefitting. I donno whether you would not take a eb1 if uscis itself offers u one ? Anyways may be you arent lying but check your company ..all the big companies do creative accounting tell lies to share holders and what not ..does it make them any inferior or superior ..in the end behind every success there are things that are right. So even people who applied in eb2 did somethings right which enabled them to get qualified under it. Dont be a crybaby ..be a man ...u american graduate take risk or show ability to qualify under eb1.
A career based on lies and deception is criminal in my humble opinion. There are people who actually came to US with valid experience and education, but still end up applying in EB-3 because the employer did not oblige. Sad for them, but it again boils down to the fact that if the job description qualified them for EB-2, then they got cheated. Otherwise, it is just.
I would like to clear the stand that I am a MS holder from an American university and I work as a Sr. Engineer in one of the top internet firms. I left an offer from that crappy operating system maker because that job did not require MS or even BS+5. It was BS+3. I chose a job where I get to apply in EB2.
People who crib about not getting a chance, even though their job description did not support it are wrong, IMO. NO ONE forced you in to that job. This is not slavery and US is not the only place where you can get a job.
Sorry but i dont agree if you call the consultants sleazy or any other thing. Everybody fights to survive here and they are taking a risk at their own cost hence they are benefitting. I donno whether you would not take a eb1 if uscis itself offers u one ? Anyways may be you arent lying but check your company ..all the big companies do creative accounting tell lies to share holders and what not ..does it make them any inferior or superior ..in the end behind every success there are things that are right. So even people who applied in eb2 did somethings right which enabled them to get qualified under it. Dont be a crybaby ..be a man ...u american graduate take risk or show ability to qualify under eb1.
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DesiGuy
09-17 11:31 AM
back for me too.
they are speaking abt 6020...ours is next
they are speaking abt 6020...ours is next
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rkat
07-18 11:09 AM
PD- April 2006
Date Delivered To USCIS: July 13 (friday the 13th.!)
Service Center: NSC
Rejected: ??
Date Delivered To USCIS: July 13 (friday the 13th.!)
Service Center: NSC
Rejected: ??
polapragada
08-19 09:38 PM
GUYS chill out.... !! Stop the FUSS...
Desi3933 Congrats....!
Desi3933 Congrats....!
more...
scorpion00
07-01 10:05 PM
I would like to share my experience and it may help some people here.
My H1 was sponsored by company A when I was working with them on OPT. I paid $3000 for H1 filing and attorney fees and company A gave me the H1 approval notice only after I signed an agreement that I would work for atleast one year with them.
Afetr 1 month of my H1 approval, I got a better job offer from company B and I got the H1 transferred. I notified my client and company A who threatened to revoke my H1, take me to court etc etc. They also withheld 4 weeks of my pay.
After joining company B, I filed a complaint against company A with DOL that they withheld my salary and also they demanded H1 fees from me. After 2 weeks of that complaint, my salary was deposited into my account and DOL was looking into my complaint about H1 fees. This case finally got resolved last week after about 18 months, when DOL finally persuaded company A to pay $3000 back to me.
I would request everyone who is a victim of these blood sucking employers to
take every possible action against them. There's a very little chance that they would go to court because they are themselves involved in gross irregularities.
My H1 was sponsored by company A when I was working with them on OPT. I paid $3000 for H1 filing and attorney fees and company A gave me the H1 approval notice only after I signed an agreement that I would work for atleast one year with them.
Afetr 1 month of my H1 approval, I got a better job offer from company B and I got the H1 transferred. I notified my client and company A who threatened to revoke my H1, take me to court etc etc. They also withheld 4 weeks of my pay.
After joining company B, I filed a complaint against company A with DOL that they withheld my salary and also they demanded H1 fees from me. After 2 weeks of that complaint, my salary was deposited into my account and DOL was looking into my complaint about H1 fees. This case finally got resolved last week after about 18 months, when DOL finally persuaded company A to pay $3000 back to me.
I would request everyone who is a victim of these blood sucking employers to
take every possible action against them. There's a very little chance that they would go to court because they are themselves involved in gross irregularities.
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desi3933
07-11 10:50 AM
Now that USCIS / DOS know that they have made mistake and also aware that this is exposed to the entire country. So this is what they are doing.
1. Keep all the applications pending so that AILF could not start the lawsuit. ALIF needs rejection proof.
Incorrect.
2. Updated their site stating the receipt notice will be sent after Aug 1st, So everyone keeps quiet till this date.
How does it matter?
3. I beleive, the Judge will rule out by July 29 saying that itis fault of DOS / USCIS and say they have to accept all the applications which are filed in July leaving the applicants only two days to file.
Highly unlikely. The lawsuit could take one and half year (or more).
Even if judge rules on July 29th, usually a reasonable time is given. How did you come up with 2 days.
4. No one can argue that all the ELIGIBLE applicants should be allowed to file. The reason is NOT all the eligible applicants filed in June. Also if you feel that you are eligible for July, then you should have prepared all your application papers ready by July 29. If you cannot file, you are out.
I feel, this is what is going to happen. So better prepare your papers and keep it ready.
The big question is, how you define "ELIGIBLE applicants"?
Any lawsuit needs lot of time and patience. And none of emotions.
_______________________
Not a legal advice.
1. Keep all the applications pending so that AILF could not start the lawsuit. ALIF needs rejection proof.
Incorrect.
2. Updated their site stating the receipt notice will be sent after Aug 1st, So everyone keeps quiet till this date.
How does it matter?
3. I beleive, the Judge will rule out by July 29 saying that itis fault of DOS / USCIS and say they have to accept all the applications which are filed in July leaving the applicants only two days to file.
Highly unlikely. The lawsuit could take one and half year (or more).
Even if judge rules on July 29th, usually a reasonable time is given. How did you come up with 2 days.
4. No one can argue that all the ELIGIBLE applicants should be allowed to file. The reason is NOT all the eligible applicants filed in June. Also if you feel that you are eligible for July, then you should have prepared all your application papers ready by July 29. If you cannot file, you are out.
I feel, this is what is going to happen. So better prepare your papers and keep it ready.
The big question is, how you define "ELIGIBLE applicants"?
Any lawsuit needs lot of time and patience. And none of emotions.
_______________________
Not a legal advice.
more...
aspiration
06-13 10:34 AM
As of now there are more than 8000 views for this thread. If we just take that each of us might have visited this thread 50 times.. .That would still take us to 180 odd unique visitors...
and if you look the survey..JUST 90 Calls so far.. Why there is a disconnect here/??? because we postpone and don't do our part...
If efforts fails, it is only ourselves to blame.. Platform is set and try to atleast help by sparing 10 mins of your day... Take this matter to your heart and
JUST DO IT>>>>
and if you look the survey..JUST 90 Calls so far.. Why there is a disconnect here/??? because we postpone and don't do our part...
If efforts fails, it is only ourselves to blame.. Platform is set and try to atleast help by sparing 10 mins of your day... Take this matter to your heart and
JUST DO IT>>>>
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gc_peshwa
01-10 12:22 PM
That seems to be the way where this is heading. Would this be another july fiasco?.
I dont mean to sound negative but I desperately need a way to file I-485 for my wife to get EAD. She has been rejected twice just coz she did not have a work permit/or was not a GC holder/citizen.
Mind you she has a brilliant engineering academic record and worked in India for 2 years a Java programmer before marrying me :mad:
I don't know if USCIS has "wasted" visa numbers but just like the Government has been "borrowing" money from future why cant they borrow "visa numbers" from future (or even past for that matter)...does sound ridiculous :eek: The economy is in recession for last 2 years for sure. Less and less number of folks are filing for GC. I would expect the EB1 numbers spilling over big time to EB2. That has not happened. Its been 3 loooong years after the July 07 fiasco and USCIS still doesnt have enough numbers to clear the backlog...this is BS.
Bottomline is we do need USCIS to advance the dates rapidly enough so that thousands like me can be relieved of their daily ordeal in US....sorry for the selfish thought..:o I just had a shot of tequila....
I dont mean to sound negative but I desperately need a way to file I-485 for my wife to get EAD. She has been rejected twice just coz she did not have a work permit/or was not a GC holder/citizen.
Mind you she has a brilliant engineering academic record and worked in India for 2 years a Java programmer before marrying me :mad:
I don't know if USCIS has "wasted" visa numbers but just like the Government has been "borrowing" money from future why cant they borrow "visa numbers" from future (or even past for that matter)...does sound ridiculous :eek: The economy is in recession for last 2 years for sure. Less and less number of folks are filing for GC. I would expect the EB1 numbers spilling over big time to EB2. That has not happened. Its been 3 loooong years after the July 07 fiasco and USCIS still doesnt have enough numbers to clear the backlog...this is BS.
Bottomline is we do need USCIS to advance the dates rapidly enough so that thousands like me can be relieved of their daily ordeal in US....sorry for the selfish thought..:o I just had a shot of tequila....
more...
gcisadawg
04-09 01:51 PM
We received the RFE for the Td vaccine that was missed somehow by Concentra. But since she is nursing now, we were able to get a blanket Waiver for her.
Sameet,
I know it is a weird question. But I'd still go ahead and ask it.
What documents that USCIS expects for a scenario like this?
My situation: My wife still hasn't weaned off nursing completely.
My child is 1 year 3 months old. My wife got an RFE for TB test.
Plus she is in India currently.
Would sending the birth certificate of child be enough to prove the existence of 1 yr 3 month old child? OR would USCIS requires doctors's input also? OR do they require anything else to prove baby is still being nursed.?
Thansk for your response,
GCisaDawg
Sameet,
I know it is a weird question. But I'd still go ahead and ask it.
What documents that USCIS expects for a scenario like this?
My situation: My wife still hasn't weaned off nursing completely.
My child is 1 year 3 months old. My wife got an RFE for TB test.
Plus she is in India currently.
Would sending the birth certificate of child be enough to prove the existence of 1 yr 3 month old child? OR would USCIS requires doctors's input also? OR do they require anything else to prove baby is still being nursed.?
Thansk for your response,
GCisaDawg
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saileshdude
03-31 08:36 AM
A lawsuit should bring things back on track. This is what happened in Jul 07. If it was not for the lawsuit dates would not have become current for Jul 07 filers. I feel there is pretty strong case here considering there are so many people who faced the same thing.
more...
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realizeit
05-26 04:15 PM
Salient features of Bill: S.1085
After analyzing this bill, I found the following:
1. This bill will recapture all those unused employment based visas (gcs) from 1992 till 2008 and it will add those recaptured visas to this year's employment based quota.
2. After the passage of this bill, any unused visas will rollover to the next year. So, no more wastage of visas as we go forward.
3. Per country limit will be increased from 7% to 10%, so more folks from over subscribed countries would be able to come under the normal yearly quota.
4. We will be able to avail the benefits of the recapture after 60 days of the passage of the bill. That means, if they are able to recapture 220,000 (approx) employment based visas, the employment based category will be able to use all those after 60 days of the passage of this bill. USCIS is pre-adjudicating all I485s pending and if this bill gets passed in say for eg by October 30, almost all (80%) in this community (who filed 485) would be able get their GCs in Jan and Feb of 2010.
What makes this bill much more interesting is:
1. This is not a bill targetting the issues of Employment based category - So there won't be a huge backlash against this in the name of the economy and recession. The provisions for the employment category are just one item in this bill.
2. Family based immigration reform has a wider range of support from all kinds of groups unlike Employment based immigration reform. Just search for this bill "Reuniting Families Act" in google news and you can identify all those organizations supporting this bill (they all have a news release).
Complete Text of this Bill:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.1085:
After analyzing this bill, I found the following:
1. This bill will recapture all those unused employment based visas (gcs) from 1992 till 2008 and it will add those recaptured visas to this year's employment based quota.
2. After the passage of this bill, any unused visas will rollover to the next year. So, no more wastage of visas as we go forward.
3. Per country limit will be increased from 7% to 10%, so more folks from over subscribed countries would be able to come under the normal yearly quota.
4. We will be able to avail the benefits of the recapture after 60 days of the passage of the bill. That means, if they are able to recapture 220,000 (approx) employment based visas, the employment based category will be able to use all those after 60 days of the passage of this bill. USCIS is pre-adjudicating all I485s pending and if this bill gets passed in say for eg by October 30, almost all (80%) in this community (who filed 485) would be able get their GCs in Jan and Feb of 2010.
What makes this bill much more interesting is:
1. This is not a bill targetting the issues of Employment based category - So there won't be a huge backlash against this in the name of the economy and recession. The provisions for the employment category are just one item in this bill.
2. Family based immigration reform has a wider range of support from all kinds of groups unlike Employment based immigration reform. Just search for this bill "Reuniting Families Act" in google news and you can identify all those organizations supporting this bill (they all have a news release).
Complete Text of this Bill:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.1085:
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InTheMoment
04-28 12:46 AM
Thanks for the compilation.
Also, in the do_not _register_to_vote point, add: One should not even verbally claim that they are a US Citizen (obviously especially when you are dealing with law enforcement, state and federal agencies). If proven it would essentially strip one of the GC status, make ineligible for naturalization and all set to be in line for deportation.
Secondly, add the point about updating the I-9 if you are employed.
That said, with the AC21 portability, once an employee is working in the sponsor company for more than 180 days after I-485 filing (and possibly years before that) the issue of staying on with the sponsor for 6 months to 1 year is a completely moot point!
Unless I need to show it in travel or elsewhere, I never carry my GC with me at any time, nor will I in the future until I see exceptional enforcement on this. As you mentioned there is a law on this but it letter of law is a bit debatable. There are many competent attorneys (whether correct or not) who have suggested that having it in possession at all times means that you should be able to get it easily. I have my A# in my memory and in a confidential e-mail, that would suffice.
In the event one loses it if carried on person, who would want to get into the trouble of applying for replacement (especially when one has an impending intl. travel). Further I will do everything possible to loose least possible info (incl. A# on the GC) out to the ID theives who get hold of my wallet.
Also, in the do_not _register_to_vote point, add: One should not even verbally claim that they are a US Citizen (obviously especially when you are dealing with law enforcement, state and federal agencies). If proven it would essentially strip one of the GC status, make ineligible for naturalization and all set to be in line for deportation.
Secondly, add the point about updating the I-9 if you are employed.
That said, with the AC21 portability, once an employee is working in the sponsor company for more than 180 days after I-485 filing (and possibly years before that) the issue of staying on with the sponsor for 6 months to 1 year is a completely moot point!
Unless I need to show it in travel or elsewhere, I never carry my GC with me at any time, nor will I in the future until I see exceptional enforcement on this. As you mentioned there is a law on this but it letter of law is a bit debatable. There are many competent attorneys (whether correct or not) who have suggested that having it in possession at all times means that you should be able to get it easily. I have my A# in my memory and in a confidential e-mail, that would suffice.
In the event one loses it if carried on person, who would want to get into the trouble of applying for replacement (especially when one has an impending intl. travel). Further I will do everything possible to loose least possible info (incl. A# on the GC) out to the ID theives who get hold of my wallet.
more...
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ita
08-25 10:59 PM
You do NOT have to go anywhere - what you are saying is "SBI Rapid Remittance" by SBI where the money will reach your Foreign account the very next day ( But you might have to wire the money as well to BOA-NY or SBI-NY ?)
www.onlinesbi.com/rr - This is SBI's response to rapid exchange.
What i'm talking is "SBI Direct Remit" & takes 3-4 business days but just click of computer mouse once you are set up. I actually set it up Monday morning EST and Friday Morning EST i see my money at Foreign account. No need to open a account at SBI-NY or anywhere but its good to have the target account at SBI ( it can be your mom/dad's SBI a/c or yours , doesn't matter really )
www.onlinesbi.com/glsus
Is there anyway that we can open a account with SBI in India from here(US) for ourselves and then use this method to transfer funds into that account.
Has anybody done that..
I would appreciate it if someone can let me know if this is possible ,pros&cons in this if any.
Thank you.
www.onlinesbi.com/rr - This is SBI's response to rapid exchange.
What i'm talking is "SBI Direct Remit" & takes 3-4 business days but just click of computer mouse once you are set up. I actually set it up Monday morning EST and Friday Morning EST i see my money at Foreign account. No need to open a account at SBI-NY or anywhere but its good to have the target account at SBI ( it can be your mom/dad's SBI a/c or yours , doesn't matter really )
www.onlinesbi.com/glsus
Is there anyway that we can open a account with SBI in India from here(US) for ourselves and then use this method to transfer funds into that account.
Has anybody done that..
I would appreciate it if someone can let me know if this is possible ,pros&cons in this if any.
Thank you.
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rameshvaid
12-21 11:34 AM
I mailed my story too..
RV
RV
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sri1309
12-12 06:35 AM
Please keep doing it.. I sent 5 times already. Ask your spouse, friends all, to do thier part.
Highlight the important points
Highlight the important points
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cr52401
07-21 08:05 AM
gimmi green,
I am wondering how did you do that? I am in same situation but I always thought that you have to stay with the company who has filed your 140./ I have 140 approved and wasting my time with the company every day but at the same time started real estate business with my partner part time. I am wondering if there is any way to keep your green card going and at the same time work for your comoany. I really appricate your insight.
Thank you.
gimmi green - Don't you see green around you. Let me tell you how to get green
1) Use your credit history to purchase additional home in Florida. House purchase in 150000 will be 250000 in year. The market was like that a year back. It takes 8 months to get a house. There is a big line.
2) Open your own e-business. File E visa. 1/4 million should be easy money if you have stayed here for 10 years.
3) House listing in only done by realtor. Give option to customer. For fun open a site for people to list their house for sale. Give them free service then charge. Live American way.
4) Make school in Village. I have made one. I enjoy supporting the school. Grow India.
5) Don't worry about GC. Do something. Registering a site takes some $35 or 40. Built you site. Use American brain.
Am I doing it? Yes.. Did I make money? Yes.
Ensoy.
I am wondering how did you do that? I am in same situation but I always thought that you have to stay with the company who has filed your 140./ I have 140 approved and wasting my time with the company every day but at the same time started real estate business with my partner part time. I am wondering if there is any way to keep your green card going and at the same time work for your comoany. I really appricate your insight.
Thank you.
gimmi green - Don't you see green around you. Let me tell you how to get green
1) Use your credit history to purchase additional home in Florida. House purchase in 150000 will be 250000 in year. The market was like that a year back. It takes 8 months to get a house. There is a big line.
2) Open your own e-business. File E visa. 1/4 million should be easy money if you have stayed here for 10 years.
3) House listing in only done by realtor. Give option to customer. For fun open a site for people to list their house for sale. Give them free service then charge. Live American way.
4) Make school in Village. I have made one. I enjoy supporting the school. Grow India.
5) Don't worry about GC. Do something. Registering a site takes some $35 or 40. Built you site. Use American brain.
Am I doing it? Yes.. Did I make money? Yes.
Ensoy.
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gc_lover
04-07 02:17 PM
Contributed $100 through paypal. I will try and give one more contribution before this deadline.
gk_2000
04-20 05:49 PM
It seems that some of us want to fight, but don't have a dedicated thread. Instead we have been hijacking other useful threads.
What I propose here is a FIGHT THREAD.
Yes, this is a copycat idea from FIGHT CLUB
How we go about:
1.) Establish a dedicated thread - just for fighting.
2.) At a pre-determined time (of day or night), fighters login.
3.) They start fighting and all posts/fights will be restricted to FIGHT THREAD only.
4.) Fight ends at a specificed time.
5.) Fighters take a break until the next schedule (may be daily or thrice a week)
6.) Fighters donot desecrate other threads, if they do, they will be banned from FIGHT THREAD.
how's the idea :D?
HILARIOUS. Except, the last point should be, "They will be banned from all other threads except fight :D "
What I propose here is a FIGHT THREAD.
Yes, this is a copycat idea from FIGHT CLUB
How we go about:
1.) Establish a dedicated thread - just for fighting.
2.) At a pre-determined time (of day or night), fighters login.
3.) They start fighting and all posts/fights will be restricted to FIGHT THREAD only.
4.) Fight ends at a specificed time.
5.) Fighters take a break until the next schedule (may be daily or thrice a week)
6.) Fighters donot desecrate other threads, if they do, they will be banned from FIGHT THREAD.
how's the idea :D?
HILARIOUS. Except, the last point should be, "They will be banned from all other threads except fight :D "
gdhiren
07-13 04:48 PM
All the best, guys! Enjoy, wish I were there in bay area, but hey we will be watching closely.
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