venky08
12-28 01:38 PM
Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?
There are more risks in using AC21 before 140 approval.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
There are more risks in using AC21 before 140 approval.
Read the Aytes memo of Dec 2005 regarding portability before 140 approval. There is all kinds of things that can go wrong if you port off to a new employer before 140 approval.
Other than employer withdrawing 140, the other issues are that if there is an RFE on your 140 and you have already used portability and ported off to new employer using EAD, then what would you do if that 140 doesnt get approved. Because if your H1 6 years have been used up, you are on EAD status, and your underlying 140 tied to 485 doesnt get approved, then it means you are out of status and you are out of luck. You cant even stay here to appeal the whole thing, you have to pack up and go back.
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mariner5555
11-18 08:47 PM
Yeah right!! buying houses is all hunky-dory when you have all cushy jobs and economy is booming. When economy slows down there will be some people who may lose their jobs with 3000$ mortgages sitting on their head!! And that builder /bank who lobbied for you GC will come knocking on your door asking for payment.
And believe there are defaulters among these highly qualified legal immigrants too!
So again, how did you solve the housing slump problem in the first place???
no body said about actually solving anything. the point is to use it as a lobbying factor. Greenspan said that the problem is around 200,000 to 300,000 houses. if they are knocked out of the inventory then there will be stablization else the bottom will fall out. now if the immigrant community was united (across national lines) and if we had one organization like IV or someone - who had leverage to talk to builders etc -something along the lines of a union - then this would have made a big difference - but of course the reality is that people get EAD and think their problems have been solved and run to buy a house - the fun part will begin if a recession actually happens
And believe there are defaulters among these highly qualified legal immigrants too!
So again, how did you solve the housing slump problem in the first place???
no body said about actually solving anything. the point is to use it as a lobbying factor. Greenspan said that the problem is around 200,000 to 300,000 houses. if they are knocked out of the inventory then there will be stablization else the bottom will fall out. now if the immigrant community was united (across national lines) and if we had one organization like IV or someone - who had leverage to talk to builders etc -something along the lines of a union - then this would have made a big difference - but of course the reality is that people get EAD and think their problems have been solved and run to buy a house - the fun part will begin if a recession actually happens
gcseeker2002
08-22 07:38 PM
I was able to successfully port my EB3 to EB2 and received my GC last month. I am working for a mid-size American consulting firm. My background is Bachelors in Computers from India and did Masters in Computers from US.
I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
Filed 485 in July 2007 & got EAD/AP.
Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.
Filed EB2 labor in March 2009, Got approved in Jan 2010
Got EB2 I140 approved in March 2010
Late March Case transferred to Local Office.
Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
Date got current in July.
- Call multiple times 800 number only standard response
- Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.
I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.
Best Luck!
I am already using my EB3 EAD to work (I invoked AC21 last year to change job) Can I know how much it costs to file EB2 labor+I-140+interfile process , if my current employer says that I have to pay for it myself (I was given this offer because I told them I did not need sponsorship and I had EAD).
I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
Filed 485 in July 2007 & got EAD/AP.
Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.
Filed EB2 labor in March 2009, Got approved in Jan 2010
Got EB2 I140 approved in March 2010
Late March Case transferred to Local Office.
Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
Date got current in July.
- Call multiple times 800 number only standard response
- Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.
I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.
Best Luck!
I am already using my EB3 EAD to work (I invoked AC21 last year to change job) Can I know how much it costs to file EB2 labor+I-140+interfile process , if my current employer says that I have to pay for it myself (I was given this offer because I told them I did not need sponsorship and I had EAD).
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bfadlia
04-14 04:20 PM
Call your senator and explain your situation. I have done so in the past after I lost all papers. I have received drivers license on the basis of only photo copies.
Thanx for your suggestion.. DMV agreed after going up several managers to move the status check date 6 months away for me and my wife. I am planning to renew EAD and use that next time.. the stupidity will be paying the huge EAD fee for my wife just for driver license purpose even though she's not planning to work any time soon.
Thanx for your suggestion.. DMV agreed after going up several managers to move the status check date 6 months away for me and my wife. I am planning to renew EAD and use that next time.. the stupidity will be paying the huge EAD fee for my wife just for driver license purpose even though she's not planning to work any time soon.
more...
sledge_hammer
07-19 11:24 AM
This is a good piece of information...
This is what you can do - Both in Mumbai and in Delhi, you have USCIS approved doctors who help people going through CP. In other words those who choose to go through emp based CP or family based Green Card which US embassy issues, go through Indian hospitals in Mumbai and Delhi. I think Gangaram in Mumbai has this facility. Ask your wife to get it done from there. Do not wait till the last moment, as someone pointed out, a slight delay in flight could............
This is what you can do - Both in Mumbai and in Delhi, you have USCIS approved doctors who help people going through CP. In other words those who choose to go through emp based CP or family based Green Card which US embassy issues, go through Indian hospitals in Mumbai and Delhi. I think Gangaram in Mumbai has this facility. Ask your wife to get it done from there. Do not wait till the last moment, as someone pointed out, a slight delay in flight could............
ArunAntonio
08-22 01:52 PM
Cant make it to the DC rally?
Sponsor someone else to represent you.
Please vote -- > http://immigrationvoice.org/forum/sh...ad.php?t=12441
Sponsor someone else to represent you.
Please vote -- > http://immigrationvoice.org/forum/sh...ad.php?t=12441
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humdesi
05-15 02:43 AM
Hope they get the same type of canned, useless answers we get when we call up USCIS.
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Jaime
08-31 05:23 PM
no jaime, there are excuses:
i did not get a receipt, without that how can i think of GC?
i filed 485. now why should i care?
(top two!)
my work, my family, my dog, my birthday, my fears, my laziness, my apathy, my cynicism and my belief that others are working- why should i?
there are motivated members who cannot come for genuine reasons. we are trying to help them where we can- and they are helping others where they can. but they are far outnumbered by the "this is a forum if you don't want tracking why don't you close it" crowd. and the "who are you to ask me" crowd and " participation is voluntary, don't spam me" crowd- you know the drill.
apparently many have forgotten or never bothered to find out that IV is a grassroots organization that aims to end all retrogression. and they have a distaste for education too. after all they are "highly skilled" :confused:
Paskal, you are right! Yet there are also thousands of concerned members, and others who don't yet know of IV. Also, any of the people that you mentioned can have a change of heart. People are essentially good if they see the goals and reasons clearly. Let's encourage them, and go for it! Over 10,000!!!
i did not get a receipt, without that how can i think of GC?
i filed 485. now why should i care?
(top two!)
my work, my family, my dog, my birthday, my fears, my laziness, my apathy, my cynicism and my belief that others are working- why should i?
there are motivated members who cannot come for genuine reasons. we are trying to help them where we can- and they are helping others where they can. but they are far outnumbered by the "this is a forum if you don't want tracking why don't you close it" crowd. and the "who are you to ask me" crowd and " participation is voluntary, don't spam me" crowd- you know the drill.
apparently many have forgotten or never bothered to find out that IV is a grassroots organization that aims to end all retrogression. and they have a distaste for education too. after all they are "highly skilled" :confused:
Paskal, you are right! Yet there are also thousands of concerned members, and others who don't yet know of IV. Also, any of the people that you mentioned can have a change of heart. People are essentially good if they see the goals and reasons clearly. Let's encourage them, and go for it! Over 10,000!!!
more...
Alabaman
09-14 03:22 PM
I have several friends who were waiting for GC desparately and they thought it was the final destination. They had many reasons why to get GC and once they get, they will be free and can do / will do everything possible. But, once they got it, they settled in a permanent job. Without GC, they were working for the same client with even more pay and life was good if not better.
I was thinking the same way; because I am no different.
Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.
I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.
I thought I will just share my ideas so that atleast some of the people will be happier.
So what are your ideas?
I was thinking the same way; because I am no different.
Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.
I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.
I thought I will just share my ideas so that atleast some of the people will be happier.
So what are your ideas?
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kumarc123
08-22 01:41 PM
NJIT
As much as I would like this bill to become law, the fact is it "Won't". The reason being the terms laid out in this bill are way to general, which will enable anyone who has done Masters from US to get a green card. Think about it, the amount of competition it will raise for both US citizens and other immigrants.
At this point, I am very skeptical about this bill gaining any success in the future, however we should focus our efforts on the recapture bill.
Thanks
As much as I would like this bill to become law, the fact is it "Won't". The reason being the terms laid out in this bill are way to general, which will enable anyone who has done Masters from US to get a green card. Think about it, the amount of competition it will raise for both US citizens and other immigrants.
At this point, I am very skeptical about this bill gaining any success in the future, however we should focus our efforts on the recapture bill.
Thanks
more...
gcformeornot
12-26 09:10 PM
First of all, not everyone here is from India. Second, not everyone here is from programming/IT background. It is easy to make that assumption, but believe me, there are plenty of non-indians, or non-IT people, and even non-Indian, non-IT people here. :D
For these, what is or is not happening in Bangalore is completely irrelevant.
Second, people who are still here have already decided where they want to be. (Which is why they are on the forum in the first place). People change countries for more reasons than just following the next IT boom.
Anyway, regarding impact on opportunities here, there is a common misconception that companies have unlimited access to talent in other countries, and the only limiting factor is the quota of H1B visas.
Not true, by a long shot.
To give a simple example, our company is looking for people in Australia, Denmark, Finland, Canada and UK since the pool of qualified people in India has dried up in our field. Can anyone guess where is the biggest talent pool? Nope, not in Bangalore, its right here in USA!! Not all companies are looking for the cheapest person. They are looking for the best person. And in many cases, the best person is already here, and has gathered more experience over the years working for US companies. But they cannot hire her, simply because she is on a visa and thereby beholden to another company. If she had a GC, that would free up the talent pool and thereby make many companies less reliant on H1Bs. Increasing GCs for EB candidates has the same effect as increasing H1 quota, with the added benefit of making the cream of the crop available and reducing the uncertainty and hassle of hiring an H1.
When you outsource, you lose this talent pool which is already sitting in your backyard. You may still outsource, of course, but the most cost effective solution would be to hire the top talent already here. This is especially true in professions which do not work very well in outsourced situations, like business consulting, marketing, management etc.
This is why it is in the best interest of companies to support EB GCs.
most of the US companies don't look for cheapest person availiable. They are willing to pay whatever they pay to other employees. They just want right person with stability in mind. Most cheaply paid persons are not stable and happy.... they leave employer as soon as they get a $100/month+ offer.....
So I agree 100%. Even the company I work for is doing same. They are willing to pay me equal benefits..... and they are waiting for GC to come thr'......
For these, what is or is not happening in Bangalore is completely irrelevant.
Second, people who are still here have already decided where they want to be. (Which is why they are on the forum in the first place). People change countries for more reasons than just following the next IT boom.
Anyway, regarding impact on opportunities here, there is a common misconception that companies have unlimited access to talent in other countries, and the only limiting factor is the quota of H1B visas.
Not true, by a long shot.
To give a simple example, our company is looking for people in Australia, Denmark, Finland, Canada and UK since the pool of qualified people in India has dried up in our field. Can anyone guess where is the biggest talent pool? Nope, not in Bangalore, its right here in USA!! Not all companies are looking for the cheapest person. They are looking for the best person. And in many cases, the best person is already here, and has gathered more experience over the years working for US companies. But they cannot hire her, simply because she is on a visa and thereby beholden to another company. If she had a GC, that would free up the talent pool and thereby make many companies less reliant on H1Bs. Increasing GCs for EB candidates has the same effect as increasing H1 quota, with the added benefit of making the cream of the crop available and reducing the uncertainty and hassle of hiring an H1.
When you outsource, you lose this talent pool which is already sitting in your backyard. You may still outsource, of course, but the most cost effective solution would be to hire the top talent already here. This is especially true in professions which do not work very well in outsourced situations, like business consulting, marketing, management etc.
This is why it is in the best interest of companies to support EB GCs.
most of the US companies don't look for cheapest person availiable. They are willing to pay whatever they pay to other employees. They just want right person with stability in mind. Most cheaply paid persons are not stable and happy.... they leave employer as soon as they get a $100/month+ offer.....
So I agree 100%. Even the company I work for is doing same. They are willing to pay me equal benefits..... and they are waiting for GC to come thr'......
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octoberbloom
12-28 11:39 AM
Omm,
I dont think you need to worry much since you might have just started your GC process and you have not filed your 485 yet. If I am in your situation, I will definitely go for it if its a real good job and if thats what I have been waiting for. May be you can restart the whole GC process.
Nothing is certain in the GC process. Find a right job and then start your GC. That ways even if you are stuck for several years, you dont need to go find another job.
n2b,
I hav seen many people in the forums getting RFE after invoking AC21. You know how USCIS works, right?? If they ever keep track of what they are doing and if they have a definite process in place, neither there will be any retrogression nor any of these forums. Be prepared for RFE if you are invoking AC21. Though you can survive that, imagine the period between receiving the RFE and responding to it. What if that happens in your 5th or 6th year of wait?? I pray that your wait is not that long.
Thanks
I dont think you need to worry much since you might have just started your GC process and you have not filed your 485 yet. If I am in your situation, I will definitely go for it if its a real good job and if thats what I have been waiting for. May be you can restart the whole GC process.
Nothing is certain in the GC process. Find a right job and then start your GC. That ways even if you are stuck for several years, you dont need to go find another job.
n2b,
I hav seen many people in the forums getting RFE after invoking AC21. You know how USCIS works, right?? If they ever keep track of what they are doing and if they have a definite process in place, neither there will be any retrogression nor any of these forums. Be prepared for RFE if you are invoking AC21. Though you can survive that, imagine the period between receiving the RFE and responding to it. What if that happens in your 5th or 6th year of wait?? I pray that your wait is not that long.
Thanks
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mbawa2574
07-06 09:02 PM
Hopeful has a valid point when it comes to sending flowers to USCIS. I am not sure that will make any difference . Flowers will not change USCIS overnight but will get us some good media publicity .Yes when it comes to american or any other politics , money is an important factor and if you can hit money, all issues can be resolved. I wish India one day becomes such a prosperous country that immigration no longer is lucrative for Indians and none of our generations to come have to go through all this mess !!!!!!:D
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admin
03-16 11:41 AM
Anything delay is the bad news !!! We do not have patience. Even single day delay is like dying for us.
All,
Do not despair yet. We were repeatedly told that bills take a lot of time to pass. Never the less we'll keep working on this bill and this also precisely why we're not pinning all of our hopes on only the Comprehensive Immigration Bill. We also have the PACE bill and the TALENT bill, which can bring a lot of relief to us.
All,
Do not despair yet. We were repeatedly told that bills take a lot of time to pass. Never the less we'll keep working on this bill and this also precisely why we're not pinning all of our hopes on only the Comprehensive Immigration Bill. We also have the PACE bill and the TALENT bill, which can bring a lot of relief to us.
more...
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kumar1
07-19 10:12 AM
This is what you can do - Both in Mumbai and in Delhi, you have USCIS approved doctors who help people going through CP. In other words those who choose to go through emp based CP or family based Green Card which US embassy issues, go through Indian hospitals in Mumbai and Delhi. I think Gangaram in Mumbai has this facility. Ask your wife to get it done from there. Do not wait till the last moment, as someone pointed out, a slight delay in flight could............
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hopefull
07-06 04:52 PM
I wonder where you work and which country you live :confused:
If I give you the name of the firm I work for ..you d be shitting in your pants and not a consultant but as a FT employee
If I give you the name of the firm I work for ..you d be shitting in your pants and not a consultant but as a FT employee
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smaram1
08-17 10:35 PM
Can you please tell me what should we write for this question?
12. Description of your case problem: Describe the case problem you are experiencing with USCIS. Attach additional pages if needed.
I am eligible for adjudication but for whatever reasons, my case is being overlooked.
Do i need to add that my name check is pending and based on 180 day rule, it should have been approved?
12. Description of your case problem: Describe the case problem you are experiencing with USCIS. Attach additional pages if needed.
I am eligible for adjudication but for whatever reasons, my case is being overlooked.
Do i need to add that my name check is pending and based on 180 day rule, it should have been approved?
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nozerd
01-04 10:45 AM
In India religious minorities have the rights to their own personal laws. I believe the Muslim personal law allows Muslims in India to have more than 1 wife.
I think you mean UTAH.
Is it legal to have more than one wife in India?
I think you mean UTAH.
Is it legal to have more than one wife in India?
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natrajs
07-14 12:13 PM
"Long Journey. Finally GC
by J2GC
Hi Guys,
After a long journey of more than Sixteen years in this country, I finally received my GC.
In short, I came in 1993 on J-1 for my training which took six years, followed by one year on O-1 visa and then J-1 waiver for three and half years in underserved area. Then applied for labor certification in Oct, 2003 EB2, through university, which was approved and then retrogressed. Applied Schedule IIA, approved but also got retrogressed. Got AILA liaison and Senetor involved.
Applied for EB1 and NIW in July 2008.
My lawyer was very much involved in the whole process, was very helpful at every step, and wrote letters to USCIS.
Finally, GC came in April, 2009 and received the cards one week later. My PD Oct 2003.
During these time, I actually had no problmes at my job or my my wife's job. Brought a house four years ago.
The main problems were:
Daughter and son could not apply to state colleges/ medical colleges. (daughter going to med school next month)
Got stuck in India for renew of H-1 for 2 months!!! (worst time of my life, with my wife and kids in US) I tied every thing from writing letters to calling Ambasador. Not effective.
Could not go to certain occasions, like death of very close family members, weddings etc.
However, I kept my cool and prayed and got lot of support from Immigration voice.
As a small token of appreciation, I am donating $500 .(and will keep on supporting)
We all are going to get GC, some sooner some later. Just keep on doing you job.
Thanks you all for all the information and support.
J2GC (J-1 visa to GC)"
Congrats and Best Wishes ( Its a Loooooooooooooooooooooooong Journey)
by J2GC
Hi Guys,
After a long journey of more than Sixteen years in this country, I finally received my GC.
In short, I came in 1993 on J-1 for my training which took six years, followed by one year on O-1 visa and then J-1 waiver for three and half years in underserved area. Then applied for labor certification in Oct, 2003 EB2, through university, which was approved and then retrogressed. Applied Schedule IIA, approved but also got retrogressed. Got AILA liaison and Senetor involved.
Applied for EB1 and NIW in July 2008.
My lawyer was very much involved in the whole process, was very helpful at every step, and wrote letters to USCIS.
Finally, GC came in April, 2009 and received the cards one week later. My PD Oct 2003.
During these time, I actually had no problmes at my job or my my wife's job. Brought a house four years ago.
The main problems were:
Daughter and son could not apply to state colleges/ medical colleges. (daughter going to med school next month)
Got stuck in India for renew of H-1 for 2 months!!! (worst time of my life, with my wife and kids in US) I tied every thing from writing letters to calling Ambasador. Not effective.
Could not go to certain occasions, like death of very close family members, weddings etc.
However, I kept my cool and prayed and got lot of support from Immigration voice.
As a small token of appreciation, I am donating $500 .(and will keep on supporting)
We all are going to get GC, some sooner some later. Just keep on doing you job.
Thanks you all for all the information and support.
J2GC (J-1 visa to GC)"
Congrats and Best Wishes ( Its a Loooooooooooooooooooooooong Journey)
Eagle
12-01 04:50 PM
Thanks Santa for your reply.
I received an RFE. But it was on accreditation of my MBA school. There was no RFE on bachelors degree. My lawyer replied to the RFE on accreditation. In response, there was straight denial without even notice of Intent to deny citing 3 year bachlor degree.
Yes, we submitted education evaluation along with I-140. The evaluation was done by Trustforte. When we received the RFE on accredidation, we sent second evaluation from Trustforte but this time a detailed course by course evaluation of MBA.
In the evaluation that was done, the evaluator equated my Indian MBA with US MBA and there was no mention about bachelors.
Please advice if I need to do something different this time.
Santa, could you please give me the case number of the AAO case handled by Murthy so that I could download the same from the USCIS website.
I received an RFE. But it was on accreditation of my MBA school. There was no RFE on bachelors degree. My lawyer replied to the RFE on accreditation. In response, there was straight denial without even notice of Intent to deny citing 3 year bachlor degree.
Yes, we submitted education evaluation along with I-140. The evaluation was done by Trustforte. When we received the RFE on accredidation, we sent second evaluation from Trustforte but this time a detailed course by course evaluation of MBA.
In the evaluation that was done, the evaluator equated my Indian MBA with US MBA and there was no mention about bachelors.
Please advice if I need to do something different this time.
Santa, could you please give me the case number of the AAO case handled by Murthy so that I could download the same from the USCIS website.
sorcerer666
04-29 02:20 PM
WOW --Right from relationship between coutries tot he pros and cons of war planes we are discussing here.We have people with nice political knowledge per se Ministers and Kings who can analyze how just 11 billion (bully)dollar deal can affect the Green card processing and we have Generals and colonels who knows which fghter plane is good for which country.
But still we are able to manage only around 200 for the advocasy event and large amount of donataions which barely met the expenses. what a pity ;)
hmm...,
1). what makes you think that these kings, generals and colonel's didn't contribute to the event?
2). What's your point?? close down this forum??
But still we are able to manage only around 200 for the advocasy event and large amount of donataions which barely met the expenses. what a pity ;)
hmm...,
1). what makes you think that these kings, generals and colonel's didn't contribute to the event?
2). What's your point?? close down this forum??
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