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  • NKR
    10-16 05:04 PM
    I think you know pretty well what I am talking about. USCIS has not "reacted" in any malicious way against the immigrant community wrt. to July 07 actions. If you find they have done so they will be severely answerable to various laws in the country. Do you think the lawyers will keep quite when they sense blood in the water? There has been no "reaction" by USCIS, except as a figment of imagination in the minds of this community.

    What happened to your sense of judgment, whoever said that USCIS is doing it maliciously? They reacted for sure but within legal boundaries. I do not understand why you keep twisted people�s answers.


    USCIS has always gone by RD, not PD to a large extent (there have been deviations here and there, but none of them are due to policy issues).

    That is exactly I am saying, I am asking why should it be this way, this is totally wrong. They should go by PD. Even if my application was not moved to another centre mine still would not have gotten approved because I applied in Aug and not July. I mentioned that to tell you that I have to wait even more now.

    Now if you ask me why I applied in Aug and not in Jul, it is because my family was not in US at that time. If you had told me beforehand about the impending fiasco I wouldn�t have sent them in the first place. I had to call them back and cancel my trip spending hundreds of $s.


    PD based processing is not sustainable as I had highlighted before. If you applied for 485 before someone else, you should be approved first. Now I am saying applied for 485, not Labor/Perm. Now dont come back with a post saying I applied July 2 00:01, but someone with July 3rd 23:55 is getting approved before I am. Afford some granularity of a week or so.

    Why is it not sustainable, now you are defending something that is wrong, why should I have to wait though my GC was started ages before?


    I did not say USCIS is "doodh ka dula", but DoL and USCIS are two different entities. You cant blame one for the problems of the other. USCIS has its share of blames, but to blame everything on USCIS just shows that you have lost your objectivity. You don't want to be blamed for the actions of your colleague, so why do you blame USCIS for things which are not their doing??

    Just because I said USCIS is doing something wrong (not following processing order..) doesn�t mean I said that DOS did something right.. you keep assuming things..



    If you keep blaming USCIS for everything (I am sure some of you want to blame the economic crisis, the Darfur issue etc. on USCIS too, come on!, you know you wanted to ;) ), the community's credibility comes into question.
    Again you are running your imagination wild, who blamed all the other things on USCIS?..


    End of the day, you (and/or others) are distracting the OP's idea with FUD. If you have constructive ideas to channel OPs enthusiasm you should suggest alternatives. Not make her/him fearful with untenable accusations of retribution from USCIS.
    Dude, show me one post of mine which said anything against the idea. I even gave a green for what he is trying to do, at least he is doing something while the rest of us are watching�.





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  • kaisersose
    02-21 04:12 PM
    I had one question. If there 140 K quota and 400 k employment AOS pending shuldnt they be cleared in 2-3 years (140k*3) since no matter what 140 k visas are going to get used (for example if there are leftovers others will get it)?

    Even assuming hereafter no visa numbers will be wasted, It is not exactly FIFO for that to happen.

    Consider this:

    a) The Indian Applicant started back in 2003. In 2009 everything is done except assigning a visa number to this case.
    b) There is a German Applicant who will start in 2008. In 2009 everything is done except assigning a visa number to this case.

    The German will get a visa number assigned and a green card, but the Indian will not as he still has thousands ahead of him waiting for visa numbers.

    Therefore 400K at 140K/ year is not how it works.





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  • jnraajan
    03-17 05:00 PM
    From the poll results for EB3 priority Dates, I think, I learned something. People waiting for Green Card Pre-PERM are way more than people Waiting POST-PERM. This is an approximate comparision(before Dec 2004 and after Dec 2004, though PERM started in Apr 2005.)

    What I am trying to see is, Whether we can very little membership from people who started their GC process after Mar 2005. If that is the case, why those people are not joining IV? Believe it or not, They would also love to have their GC's right now. Something seems to be wrong. We should probably come up with some ways to target those people who are still waiting to file their I-485 or having their Labor Pending.

    What do you all say?





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  • udaykiran82
    06-11 12:48 PM
    sent



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  • Roger Binny
    10-11 08:13 PM
    There are so many illegal immigrats working as lawn tenders, cleaners at stores....why doens't USCIS go after them? They are easy to spot and can be found anywhere...why harrass students?

    USCIS perceives students are smart and sets standards by following rules than uneducated brothers.

    It's not harassing it has altogether different meaning, i too doesn't know when they first asked me, but one needs to keep cool and explain the reality it would work.

    I agree with other OP saying checking bio-metric is best than carrying these important documents around, all we know it need big budget.





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  • vivid_bharti
    05-07 12:13 AM
    cool down...I did pay for that effort, I am not a member of donor forum though..If you had contributed for the FOIA effort you would have known the actions IV has taken in donor forum. Its a shame that people like you dont contribute and have audacity to come back and demand answers.



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  • sheela
    10-16 10:14 AM
    Guys,

    Someone left a red dot on post with message: " tells of your lack of ideas".

    I never said that this is the only option left and we have to do this. This was one of the proposal / suggestion. We welcomed other suggestions too! What I wanted and I still want is to do something, I wanted to have a brain storming so that we can come up with some better positive idea. This is not new. We had similar hurdles when tried to request people to promote HR 5882 and other events.

    Above note is a sign of complete loser. This type of people don't have guts to come up in front and express their views because they really don't have guts to do anything. I am not ashamed that I proposed flower campaignwhere there are other possibly better options available.

    I still strongly believe that doing something is always better than cursing something who is trying to do something or doing nothing.

    Seriously, its not illegal lobbies that we are more threatened by. Its our own people.

    I agree we need to do something big to end never-ending regression.

    Let us organise:
    "WORK-ROUND-THE-CLOCK non-stop for 24 hours"

    This will generate lot of interest in media for the hard-working immigrant community

    It will get us support from our Employers/Managers & hurt none

    It is easy to organise at institution level- be it University, Hospitals/Corporate sector or R&D. I believe participation & effect will be much more than we expect. With little publicity -It may become a news of the day

    I tell you what= during our doctoral studies at a prestigious institute in india. we did this and it really worked

    WE can do some polling here and select a date for this event. I may say: Let us start this non-stop event a day-before THANKSGIVING DAY and end on the morning of thanksgiving day.





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  • kumarc123
    03-12 08:33 AM
    This should have been posted in DONOR's forum :)

    I have a question for Paapu and IV?

    WHAT are you all doing? you want our money and our involvement for what?

    FOR THIS? ALSO DONOR FORUM IS FOR THIS?


    Pappu if you cannot run this organization, please close it, but don't ask of any IV non donor to donate for the cause, I proposed to you about holding a rally, IT IS A SHAME this organization FAILED to do ANYTHING AFTER 2007.

    ILLEGALS ARE BETTER THAN US, SHAME ON US.

    AND SHAME ON YOU GUYS.



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  • TeddyKoochu
    09-10 10:04 AM
    did any one did math...

    EB1 - all current
    |
    |
    \/
    EB2 - World current
    |
    |
    \/
    EB2 - India / China
    |
    | ( When above EB2 India/China gets current 2-3years? )
    \/
    EB3 All
    |
    |
    \/
    EB3 I/C ( When EB1 , EB2 is Current , all visa numbers will flood to EB3 right ? so may be in 4-5 years EB3 may get current ? )

    EB2 I/C won't be current in the next 4-5 Years, the EB2 I/C demand till date (Today’s Date) is in the 100K - 120K Range. The EB2I/C demand till Jul/Aug 2007 is easily in the 40-45K Range so it will require a very over optimistic scenario to clear by Sep 2011. EB3 ROW will reach end of 2006 by FY 2011. So there is a very long way to go. All the movement is under many assumptions most important being the economy and unemployment, anytime this changes all spillover will collapse and there will really be no difference between EB2 I/C and EB3 I/C.





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  • frostrated
    06-11 03:55 PM
    Done. Sent to senators in Texas. Also sent to house members just so that they are aware.

    Sent to all friends : Citizens, GC holders and those in the same boat as us. Even sent to native born Americans to help us to help their country.



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  • venky08
    12-20 05:58 PM
    .





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  • johnwright03
    07-01 09:38 AM
    06/30/2007: Potential EB Visa Number Exhaution in July and Probable Actions of State Department or USCIS

    * By now, people understand that the sources of potential action by the State Department or USCIS are predicated on the two important facts. One was the information from a government source that there were only about 40,000 numbers left for the entire EB visa numbers for the FY 2007 which ends on September 30, 2007. The second important fact was that reportedly the USCIS alone had far more than 40,000 I-485 applications in the backlog queue that were reportedly ready for approval. Considering the fact that the immigrant visa numbers are consumed by the approval of I-485 applications by the USCIS and the approval of immigant visa applications in the consular processing by visa posts througout the world, 40,000 visa numbers could be fairly quickly exhausted in early July 2007. This prediction was exacerbated by the information that the USCIS was apparently picking up the pace of I-485 adjudications lately.

    * Obviously the State Department has been in communication with the USCIS and was well aware of the situation. Sources reported that the State Department might revise the July Visa Bulletin either Monday or Tuesday to reflect the situation. However, it is unclear at this point whether this will occur on Monday or Tuesday or, for that matter, some time soon, particulary considering the ongoing uproar in the nation. Assuming that the EB immigrant visa number will be exhausted before the end of July, from the government perspectives, they may have two options to handle this matter. One is the State Department revises the Visa Bulletin based on the newly developed facts and predictions. The other option is that the State Department does not take any action of revising the Visa Bulletin but just notify the USCIS when the visa numbers for certain categories are exhausted. The initial sources of rumor was the former possibility. However, as updated by the AILA afterwards, it might or might not happen.

    * Whether the State Department revises the July visa bulletin or not, the fact will remain that 40,000 numbers could indeed be run out in a fairly short period of time in July. It is too obvious that under the statute, when the visa numbers are exhausted, the USCIS will not be able to approve any I-485 applications, and for that reason, the USCIS may wrongly reject the incoming I-485 applications or return I-485 applications which were received after the date when the visa number is exhausted. This happened for the "other worker" category in June when the priority date was current in June for certain other workers. The issue of legality of such action of the USCIS is rooted in the required distinction of the USCIS statutory mandates between its job of adjudication of 485 applications "already in the pipeline" and its job of "accepting new 485 applications." Arguably, when the visa number runs out, there is no question about that the USCIS should not and cannot adjudicate and approve any 485 applications. But there is no legal basis that the USCIS should not and cannot "accept" new 485 applications when the cases fall within the cut-off date of the monthly visa bulletin. If the State Department attempts to revise the July Visa Bulletin, probably they are doing it to overcome the predicament of the USCIS that will face in rejecting the new 485 applications. The problem is the State Department's own legal problem or authority to revise the published Visa Bulletin. Accordingly, either USCIS or State Department will be liable for either abuse of power or arbitrary act depending on who acts. The AILF is planning to sue the USCIS for rejecting "other worker" new 485 applications in June probably on ultra vires or other statutory authority grounds. Should the same thing happen in July, the AILF intends to extend its lawsuit to cover the July 2007 485 applicants, probably in the form of class action. What happens if the State Department revises the Visa Bulletin and the USCIS rejects the new applications based on the new Visa Bulletin? Strictly speaking, there may be no cause of action against the USCIS in that it followed the State Department's Visa Bulletin for the month of July. In this case, probably the lawsuit will have to be directed to the State Department for violation of law in revising the visa bulletin. We will soon find out.

    * Where does this leave to the July 485 applicants? Fact remains that all likelihood, the annual limit may reach fairly early in July and they should file their cases before the visa posts and the USCIS exhaust all the numbers. They have to do this probably for the two reasons. One is that should the government take the second option of rejecting new cases after reaching the limit just as we experienced in the other worker cases, those who filed the I-485 application before that date will not be affected. Those who files the application after the date of exhaution and receive rejection of the 485 applications may be entitled to sue the USCIS either in a class action or individually. Secondly, if the government takes the first option of the State Department revising the July Visa Bulletin, they will have to sue the State Department and for that purpose, they should have filed I-485 applications within July 2007. Otherwise, they may have a standing to sue the State Department.

    * For the foregoing reasons, we urge the July 485 filers to file the applications as soon as possible. At the same time, we urge the State Department and the USCIS not to take any actions to avoid the lawsuits. They should keep accepting I-485 applications even after the enhaution of the FY 2007 numbers, even though they will not be able to adjudicate these applications until the visa numbers become current again. Again, the agencies should distinguish the requirement for adjudication of 485 applications and the requirement for acceptance of new applications. These are two separate things.



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  • logiclife
    08-03 02:30 PM
    Copying from the reply I posted here:
    http://immigrationvoice.org/forum/showthread.php?p=133404#post133404

    I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
    2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.

    Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.

    Thanks

    If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.

    Wish you all the luck Abhijit.





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  • eb3_nepa
    07-01 09:40 PM
    At this time, IV is analyzing the impact of the speculation around the July visa bulletin closure, and is reaching out to attorneys, including AILA and planning next steps. tomorrow being a working day will also help us get more information and opportunity to reach appropriate levels of government . We will share more information with you as soon as there are developments. In the meanwhile, you should go about business as usual, and file your 485/140 applications as planned.

    IMPORTANT: At this time, you are encouraged to update your user profiles on IV with the most current information and the best way to reach you. If we have an urgent action item, we may also send newsletters to all members.


    What exactly CAN the IV core even do about this? I mean no disrespect here, I am just trying to imagine how IV can even help with this issue?



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  • GCOP
    07-11 01:26 PM
    Thanks. Any input in this tough time is really appreciated. All I am trying to get is , any clue , any information to see the light at the end of this Long Dark Tunnel of EB-3.
    The OFFICIAL answer to you question Is there any chance for similar movement for EB3 ??can only be available in the Oct Visa bulletin under EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY section....





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  • BharatPremi
    03-12 02:06 PM
    BharatPremi,

    So you gave up H1B and moved onto EAD? Is it because the new employer is not interested in H1B transfer or some other reason?

    Also, my I140 was approved in 2006 and I1485 filed in July last year (both with a large, well-known company). If I change employers now and work using EAD, are there any major issues that can arise? Like furnishing of audit reports, etc?

    I tried to keep H1 but finally I had to gave it up as "For critical positions we hire EAD/GC holders- US Citizens only and thus we can not allow H1 transfer for this position".

    I do not see any problem in your case based on the information what you gave here. Large companies - So must be having 3 years Audit reports - perhaps available publicly (In my case that is the case -- so virtually no risk).If you get new job offer letter with "Same job description" as one under which your gC filed - no problem - No gap in pay stubs .. Then go ahead and we will welcome you to EAD club.



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  • nozerd
    12-27 02:07 PM
    INFO PROVIDED FOR UK IS INCORRECT.

    Last year my wife (who is on H4) but with a valid US visa stamp on her passport was NOT allowed to board a Continental Airlines flight at Houston airport on her way to India. She was sent home even though she had valid US visa in passport as she did not have UK Transit visa.

    We tried pour level best to convince the ppl at the flight desk but they wouldnt let her check in because of transit visa issues. So please be very careful while transiting through London. We had to pay and reroute via Paris the next day.


    Austria
    Airport transit implies staying within the airport for not more than 24 hours, without crossing the immigration. This applies to those passengers also who may be required to stay in the aircraft during the transit time.

    US Passport Holders: Not required
    Indian Passport Holders: Not Required

    For more information on VISA / transit VISA requirements, please visit the official website of Austrian consulate/embassy.
    http://www.aussenministerium.at/view.php3?f_id=5308&LNG=en&version=text

    Address / Contact numbers in USA
    Austrian Consulate General
    31 East 69th Street
    New York, NY 10021
    Tel: +1 (212) 737 6400
    Fax:+1 (212) 585 1992
    E-mail: info@austria-ny.org
    Public hours: Mo - Fr 9:00 am - 12:00 noon

    Kuwait

    US Passport Holders: Not required
    Indian Passport Holders: Not required
    For more information on VISA / transit VISA requirements, please contact the Kuwait Consulate/Embassy near you.

    Address / Contact numbers in USA
    Kuwait Information Office
    2600 Virginia Ave, NW, Suite 404
    Washington, D.C. 20037
    Phone: 202-338-0211
    Fax: 202-338-0957
    Email:questions@kuwait-info.org


    Netherlands

    US Passport Holders: Not required
    Indian Passport Holders: Not required

    Address / Contact numbers in US
    There are 58 offices across spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL. http://www.netherlands-embassy.org/location.asp

    UK

    US Passport Holders: Not required
    Indian Passport Holders: Required*

    *Exemptions

    YOU ARE EXEMPT IF::

    You are travelling FROM the US with a valid US visa and a valid airline ticket for travel via the United Kingdom to another country; or
    You are travelling TO the US from another country and hold a valid airline ticket for travel via the United Kingdom and a valid US visa; or
    You last entered the US with a valid US visa which has now expired but you hold a valid airline ticket for travel via the United Kingdom to another country and you are intending to transit the United Kingdom within 6 months of your last date of entry to the US; or
    You have a valid US I - 551 Permanent Residence Card (Green Card) issued on or after 21 April 1998 (but see Note 1 and 2 below); or
    You have a valid US Immigrant Visa packet (form 155A / 155B); or
    You have an expired I - 551 Permanent Residence Card (issued on or after 21 April 1998) and a valid I-797 letter issued by the Bureau of Citizenship authorising its extension (but see Note 1 and 2 below); or
    You have a valid Canadian Permanent Residence Card issued on or after 28 June 2002; or
    You have a valid common format Category D visa issued by EU/EEA member states; or
    You have a valid common format EU residence permit issued under Council Regulation (EC) No 1030/2002;
    You hold a diplomatic or a service passport issued by the People's Republic of China; or
    You hold a diplomatic or an official passport issued by the government of India; or
    You hold a diplomatic or an official passport issued by the government of Vietnam.

    Note :
    Holding an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid US visa; or a Transportation Letter instead of a valid US Permanent Resident Card issued on or after 21 April 1998 does NOT qualify you for exemption from the DAT visa requirement.
    Holding a valid travel document with an ADIT stamp - worded "PROCESSED FOR I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL ......EMPLOYMENT AUTHORIZED" - does NOT qualify you for exemption from the DAT visa requirement.
    Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (eg. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (eg. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit onto a third country.


    There are separate exemptions for holders of Australian, Canadian and New Zealand visas. Please click here for details.

    For more information on VISA / transit VISA requirements, please visit the official website of UK consulate/embassy.

    http://www.britainusa.com/visas/other_show.asp?SarticleType=25&Other_ID=313

    This information has been prepared with utmost care; we cannot accept any responsibility for inaccuracies contained herein.

    Address / Contact numbers in USA
    There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
    http://www.britainusa.com/consular/locate.asp

    Switzerland

    US Passport Holders: Not required
    Indian Passport Holders: Not required

    For more information on VISA / transit VISA requirements, please visit the official website of Swiss consulate/embassy.

    www.eda.admin.ch/washington_emb/e/home/consular/visas/needvisa.html

    Address / Contact numbers in USA
    There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
    http://www.eda.admin.ch/washington_emb/e/home/ovriew/email.p.html




    * It is the responsibility of all travelers to obtain any required visas and travel permissions. I recommend all travelers check with the airline they are flying regarding applicable Transit and Visa Rules for the country they are transiting through. Immigrationvoice or myslef will NOT be responsible for any traveler being denied boarding on account of incorrect documentation.





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  • tooclose
    07-13 10:20 AM
    you seem to be right - the doc does say that ! - you made my day - MORE SOUP FOR YOU !

    Great ! Now atleast my application has a slim chance of getting in.

    :)





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  • ksiddaba
    07-04 07:39 PM
    Thanks for the information. It's helpful to understand the ombudsman role. However, it still remains a violation of the law to pull VISA numbers without name check being done, since it has not been approved by Congress, although as you point our, the ombudsman did report to Congress along those lines.

    IT is also incompetence, on the part of DOS not to understand the implication of making all categories current.

    The question of whether a lawsuit is the most effective method will have to be seen. It may bring enough media/ political attention to the issue at hand so that legislation may become possible.





    mhathi
    06-11 11:52 AM
    Sent early this morning, then resent after Pappu's message.





    lotsofspace
    02-14 12:38 AM
    Dear friends,

    I am appalled and disgusted by the mudslinging going on between ROW and India-born applicants. If any of you remember your history lessons from high school, the English used this exact policy of "Divide and Rule" to keep control over their colonies.

    For example, in India, they would go into Moslem dominated cities, discriminate against them for jobs, and put Hindus in more prestigious positions, and vice-versa. They did this after the first war for independence in 1857 where Hindus, Moslems, rich and poor fought to overthrow the British occupation.

    The very same policy is used by the U.S. government to control their population:

    1) Per country quotas in EB immigration cause infighting

    2) Infighting causes immigrant activists like IV to lose focus and weaken the agenda

    3) Infighting results in racism between ROW, India, and China, which causes Americans to watch the circus, shake their heads and lobby for more immigration control

    4) Poor regulation in the H1B program cause Americans to lose their jobs and blame the Indians and Chinese

    ...and the elite sit back, sip their martinis, and watch the fun.

    So you have two choices before you:
    1) Keep fighting, achieve none of the 3 main IV objectives, and continue your bonded slavery or
    2) Unite as one to achieve all 3 objectives, and throw off your shackles

    Remember, "Injustice Anywhere is a Threat to Justice Everywhere" - Martin Luther King

    Wow , Talk about conspiracy theories. :)

    Just relax. we are fighting here because we all know nothing positive is going to happen for a while and dying to find some thing to post :):)

    Just the compulsion to visit this site and post...........

    I am sure ROW don't hate ICMP folks and vice versa. we are all together in the fight (If I may call it). We can argue all day long and that quota is not being removed any time soon. So all of you guys relax. And certainly no conspiracy theories.



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