av2004
06-10 04:09 PM
Sent e-mail to my senators..
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MDix
01-25 10:45 AM
Please post Email/Letter content here, I can ask all my friend to send it to their respective Senator....
No more Discussion only ACTION.
Thnaks,
MDix
No more Discussion only ACTION.
Thnaks,
MDix
pmb76
03-15 08:28 PM
The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !
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amitjoey
08-15 04:01 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
That was expected.
That was expected.
more...
ita
01-30 10:03 PM
How does one know what is the amount mentioned on H1 LCA? Do we have to ask the employer about it?
Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?
Will appreciate your response.
Thank you.
Example[/U]
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?
Will appreciate your response.
Thank you.
Example[/U]
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
jonty_11
07-09 06:36 PM
I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
more...
rayoflight
05-27 06:38 PM
Well you can certainly make copies but I was talking about making 'color' copies. As far as I know making color copies is illegal.
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desi3933
01-30 02:43 PM
I agree with the point above, but does this even apply to CrazyGhoda/OP? Because, he already has I485/AOS pending, which is a legal presence in the US in itself. Hence, I don't see him accruing any "out of status/illegal presence" days. He "MIGHT" have to show a future/current employer who is sponsoring his GC, depending on what his RFE asks for.
Please comment.
You didn't get it. One could have filed I-485 and still accruing out-of-status days. Hint - Employment history and salary details since last admission.
Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.
____________________
Not a legal advice.
US Citizen of Indian Origin
Please comment.
You didn't get it. One could have filed I-485 and still accruing out-of-status days. Hint - Employment history and salary details since last admission.
Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
485Mbe4001
09-11 11:58 AM
wow..they resume discussions on sept 18th?
Here is the info from NumbersUSA:
Vote on Foreign-Worker Bills Postponed Amid Growing Opposition
Updated Thursday, September 11, 2008, 10:00 AM
The House Judiciary Committee yesterday postponed consideration of bills containing massive foreign worker increases (H.R. 5882 and H.R. 5924) after the committee's debate stalled during discussions on the armed forces amnesty bill (H.R. 6020). The committee is expected to resume consideration of all three bills on September 18
Here is the info from NumbersUSA:
Vote on Foreign-Worker Bills Postponed Amid Growing Opposition
Updated Thursday, September 11, 2008, 10:00 AM
The House Judiciary Committee yesterday postponed consideration of bills containing massive foreign worker increases (H.R. 5882 and H.R. 5924) after the committee's debate stalled during discussions on the armed forces amnesty bill (H.R. 6020). The committee is expected to resume consideration of all three bills on September 18
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ksvreg
06-10 01:45 PM
best bet is eb3 to eb2 conversion in addition to advocacy efforts?
more...
dontcareanymore
12-12 05:04 PM
I expect things to be more transparent from February onwards (note month of Feb), that is because i beleive that the new leadership will ensure that there is a transparency in the whole process rather than a lottery like approach to the dates.
Also i beleive the whole GC process will be more professional giving folks like us much much more respect than what the current approach is doing....
....and ....no world hunger , no drought any where in the world, no pollution , global warming reversed , people will love each other , no fighting any where for any reason..... :) :)
Watching TV a lot ???
It is the same DXXX system. Same people processing your cases. Don't expect mirracles. You will be disappointed. We shall be lucky if those waiting in line now get their GCs by the time Mr O leaves office (4 or 8 years).
If you think I am cynical , so be it. Seen Clinton , saw bush and will see Mr O.
Nothing against Obama.
Also i beleive the whole GC process will be more professional giving folks like us much much more respect than what the current approach is doing....
....and ....no world hunger , no drought any where in the world, no pollution , global warming reversed , people will love each other , no fighting any where for any reason..... :) :)
Watching TV a lot ???
It is the same DXXX system. Same people processing your cases. Don't expect mirracles. You will be disappointed. We shall be lucky if those waiting in line now get their GCs by the time Mr O leaves office (4 or 8 years).
If you think I am cynical , so be it. Seen Clinton , saw bush and will see Mr O.
Nothing against Obama.
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PHANI_TAVVALA
05-15 03:59 PM
Dont take current year as a standard (unless you believe that things will get only worse from here). About your ROI description, it is very generic. Each person has to take his or her personal circumstances into consideration before making this calculation. Another problem with this ROI calculation being applied to engineers (I am one too) is that our initial salaries tend to be high but we tend to hit a ceiling around the time we hit 30 (what next after project manager or product manager?).
One more important thing to think about is what do you want to do in life. If MBA can get you there, there is probably not much meaning to this ROI calculation as you cannot put a price on ability to do what you wanted to (and be happy). This is precisely why I said find out why do you want an MBA in the prior post. That is the most important part of this discovery process. I understand that lives change and people change, which is why it is important to talk to people who have "been there and done that".
I agree this is a bad year but this was an article from 2006. I also completely agree that people need to pursue M.B.A with the aim of improving their skills or with the aim of improving their marketability or future career growth but then once you pay the big bucks it alwyas filters down to ROI. But spending 2 years of one's life at a full-time school shelling out 100's of thousands of dollars (especially if it is out of their own pocket) will make sense only if one can justify the investment in terms of dollars. People expect sunk costs to be recovered in the future. Investment banking and finance offered that opportunity to M.B.A professionals where they could draw anywhere between $300k-450k in base salary alone apart from millions of dollars in bonuses. Going into the future, the current socialistic government will keep tabs on such exuberant pays.
I weighed all these when deciding to start part-time. I always wanted to be a Mechanical Engineer and I want to be associated with my field for rest of my life. My intent of pursuing M.B.A is to move up the ladder quickly in Engineering/Technology Management.
One more important thing to think about is what do you want to do in life. If MBA can get you there, there is probably not much meaning to this ROI calculation as you cannot put a price on ability to do what you wanted to (and be happy). This is precisely why I said find out why do you want an MBA in the prior post. That is the most important part of this discovery process. I understand that lives change and people change, which is why it is important to talk to people who have "been there and done that".
I agree this is a bad year but this was an article from 2006. I also completely agree that people need to pursue M.B.A with the aim of improving their skills or with the aim of improving their marketability or future career growth but then once you pay the big bucks it alwyas filters down to ROI. But spending 2 years of one's life at a full-time school shelling out 100's of thousands of dollars (especially if it is out of their own pocket) will make sense only if one can justify the investment in terms of dollars. People expect sunk costs to be recovered in the future. Investment banking and finance offered that opportunity to M.B.A professionals where they could draw anywhere between $300k-450k in base salary alone apart from millions of dollars in bonuses. Going into the future, the current socialistic government will keep tabs on such exuberant pays.
I weighed all these when deciding to start part-time. I always wanted to be a Mechanical Engineer and I want to be associated with my field for rest of my life. My intent of pursuing M.B.A is to move up the ladder quickly in Engineering/Technology Management.
more...
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ComputeCompute
07-22 06:39 PM
Did Amendment 4319 not pass? So what happened?
:confused:
:confused:
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gsc999
09-20 02:37 AM
Congratulations to all of us for having marched yesterday, I was extremely impressed with the level of organization. Salut to everyone who made it possible.
However, I have a whole bunch of points, sorry if they come out strong....
1) I absolutely agree with the 'Legal' Immigration issue, we did look as if we were immigrants and not defined as legal, I think high-skilled is secondary to the legality... This is one of the reasons I have not purchased merchandise, as it looks like it addresses immigration as such. I think banner by Chinese group exphasizing the legal aspect looked very impressive..
2) It was obvious from speeches on Monday night and yesterday (friendship between US and India comments, etc) that this is seen as an Indian issue. Unless you are trying to show it as such, something has to be done about it. Non-indians were marching with you as well, and next time effort should be made to put together Indian, Chinese and whoever else when putting pictures, RollCall for example, or talking to the press, or talking to representatives. I have expressed my desire and submitted all information to the person in charge of organizing meetings on Capitol Hill, but was not provided with this oppportunity..
Basically, it was clear that, as of now, even many representatives see the issue as Indians versus Mexicans... Not a good idea....
3) I thought that some of the signs were extremely offensive to the Americans "We brought you yahoo/hotmail/google" and as such... if I were an American contemplating about my views on the immigration, and if I were as patriotic as many Americans are, I would be upset with the messages putting down local brains...
4) It was a very impressive effort by Chinese group, thumbs up. Although very strange that so ew of them showed up. My CHinese colleague who alreday has GC and helped distribute info to his friends, told me that all 5 Chinese papers in the area had big announcements about the Rally
5) I agree with disappointment about local people, it seemed like there were many more members from CA, NY and other places than VA/MD/DC, we should all be wokring on raising awareness.
All for now
Agains, congrats to all of us
----
Good observation.
Here is my response. to point # 1 & #3.
Look, legal immigration is not just restricted to employment based immigration, it includes family based immigration. So if you say you support legal immigration that doesn't differentiate your message, infact, compared to 950K family based annual visas only 140K go to employment based legal immigrants. IV's agenda is employment based immigration. We are very clear about where we stand.
Now point # 3. No Americans are not upset about confronting the reality about Hotmail, Google and other companies that create jobs for Americans. How can they, we are a country of immigrants. These placards were carefully selected and a lot of due diligence went into their selection and all of them had a positive message.
Having said that, if you notice none of the IV members who attended the rally ever congratulated the Indian or English core members. Your post is the first post which thanks individual communities.
I agree with rest of your message and that is why we need more support from members like you to bring diversity to IV. This is not an Indian organization and we never claim it to be. We need your paricipation to prove that point.
However, I have a whole bunch of points, sorry if they come out strong....
1) I absolutely agree with the 'Legal' Immigration issue, we did look as if we were immigrants and not defined as legal, I think high-skilled is secondary to the legality... This is one of the reasons I have not purchased merchandise, as it looks like it addresses immigration as such. I think banner by Chinese group exphasizing the legal aspect looked very impressive..
2) It was obvious from speeches on Monday night and yesterday (friendship between US and India comments, etc) that this is seen as an Indian issue. Unless you are trying to show it as such, something has to be done about it. Non-indians were marching with you as well, and next time effort should be made to put together Indian, Chinese and whoever else when putting pictures, RollCall for example, or talking to the press, or talking to representatives. I have expressed my desire and submitted all information to the person in charge of organizing meetings on Capitol Hill, but was not provided with this oppportunity..
Basically, it was clear that, as of now, even many representatives see the issue as Indians versus Mexicans... Not a good idea....
3) I thought that some of the signs were extremely offensive to the Americans "We brought you yahoo/hotmail/google" and as such... if I were an American contemplating about my views on the immigration, and if I were as patriotic as many Americans are, I would be upset with the messages putting down local brains...
4) It was a very impressive effort by Chinese group, thumbs up. Although very strange that so ew of them showed up. My CHinese colleague who alreday has GC and helped distribute info to his friends, told me that all 5 Chinese papers in the area had big announcements about the Rally
5) I agree with disappointment about local people, it seemed like there were many more members from CA, NY and other places than VA/MD/DC, we should all be wokring on raising awareness.
All for now
Agains, congrats to all of us
----
Good observation.
Here is my response. to point # 1 & #3.
Look, legal immigration is not just restricted to employment based immigration, it includes family based immigration. So if you say you support legal immigration that doesn't differentiate your message, infact, compared to 950K family based annual visas only 140K go to employment based legal immigrants. IV's agenda is employment based immigration. We are very clear about where we stand.
Now point # 3. No Americans are not upset about confronting the reality about Hotmail, Google and other companies that create jobs for Americans. How can they, we are a country of immigrants. These placards were carefully selected and a lot of due diligence went into their selection and all of them had a positive message.
Having said that, if you notice none of the IV members who attended the rally ever congratulated the Indian or English core members. Your post is the first post which thanks individual communities.
I agree with rest of your message and that is why we need more support from members like you to bring diversity to IV. This is not an Indian organization and we never claim it to be. We need your paricipation to prove that point.
more...
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coopheal
03-20 11:31 AM
I work for a very reputed company. Lawyers filed EB3 because it was easy for them. At that time everything was current and nobody really cared about EB2/EB3.
Don�t give me moral argument about cutting lines. If someone is qualified for EB2 and position needs EB2 qualified and person is already in process of GC with EB3, he/she has every right to move over to EB2. Don�t even try to equate this with lab subs.
If desi company�s are misusing it then put proper review/audit for it. That doesn�t mean I cannot join an EB2 job and not switch over. You can say however loud you want � no one would listen and no one should listen to you.
Hi Coopheal:
With Due respects to your Seniority and Agony/ Frustration being retrogessed.
Standard Companies donot opt for having two I140s approved for a particular employees which is a "Logical Fallacy" of EB concept. Leave alone Rat Desi Companies.. They can do anything and turn the boards off..
If your arguement is right: first you have to stop L1s getting Gcs in less than 10 months.. (on an average). Porting EB3 to Eb2 is a big junk and disrepct to the EB2 Qualifier. Now, Qualifying Eb2, if you feel, is not a big deal, why the companies did not preferred it out for Eb3s in first place because lack of Job Requirements. (infact, this portings have to be highlighted to USCIS as Junk technique and illegal).
So the whole arguement doesnot workout. Soon, wait and see Portings would bestopped, with Desi companies messing itaround like Approved labors (infact, it isa refined version of approved labor scams).
Please donot jump on me.. its a waste of time.. But the logic holds good EB2 Vs. EB3. If allowed, People may even qualify for EB1, (People would work it out also sooner or later) Let's respect each other profiles.. and its a matter of time we are all there.
This is my Honest Advice.. Trust me. I am a 2003 eb3 victim.. No way to jump lines.. its inhuman.
Thanks,
Don�t give me moral argument about cutting lines. If someone is qualified for EB2 and position needs EB2 qualified and person is already in process of GC with EB3, he/she has every right to move over to EB2. Don�t even try to equate this with lab subs.
If desi company�s are misusing it then put proper review/audit for it. That doesn�t mean I cannot join an EB2 job and not switch over. You can say however loud you want � no one would listen and no one should listen to you.
Hi Coopheal:
With Due respects to your Seniority and Agony/ Frustration being retrogessed.
Standard Companies donot opt for having two I140s approved for a particular employees which is a "Logical Fallacy" of EB concept. Leave alone Rat Desi Companies.. They can do anything and turn the boards off..
If your arguement is right: first you have to stop L1s getting Gcs in less than 10 months.. (on an average). Porting EB3 to Eb2 is a big junk and disrepct to the EB2 Qualifier. Now, Qualifying Eb2, if you feel, is not a big deal, why the companies did not preferred it out for Eb3s in first place because lack of Job Requirements. (infact, this portings have to be highlighted to USCIS as Junk technique and illegal).
So the whole arguement doesnot workout. Soon, wait and see Portings would bestopped, with Desi companies messing itaround like Approved labors (infact, it isa refined version of approved labor scams).
Please donot jump on me.. its a waste of time.. But the logic holds good EB2 Vs. EB3. If allowed, People may even qualify for EB1, (People would work it out also sooner or later) Let's respect each other profiles.. and its a matter of time we are all there.
This is my Honest Advice.. Trust me. I am a 2003 eb3 victim.. No way to jump lines.. its inhuman.
Thanks,
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spicy_guy
08-11 05:57 PM
Again, as I mentioned, we are jumping all over the board with different ideas and opinions. This leads to no where. Someone who has good understanding of USCIS / DOS / Govt procedures should come up with an agenda and move forward from there. We'll need to work with IV leadership team too. (At this time, I don't think they are even looking into this effort, as understandably they have other goals in hand). However, we should approach them with concrete plan of action.
Everyone is willing to Donate $$$. But for what? What are we going to spend that money on?
We need focused efforts.
Lets join hands and maybe the OP can take the lead in preparing the agenda / plan of action.
What say you guys?
Bottom line: I believe we can do! Of course, we need to procure support from multiple sources like some of the ideas mentioned by the posters CompleteAmerica, Talking to senators on Aug 15th, etc.
Everyone is willing to Donate $$$. But for what? What are we going to spend that money on?
We need focused efforts.
Lets join hands and maybe the OP can take the lead in preparing the agenda / plan of action.
What say you guys?
Bottom line: I believe we can do! Of course, we need to procure support from multiple sources like some of the ideas mentioned by the posters CompleteAmerica, Talking to senators on Aug 15th, etc.
more...
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pappu
02-11 08:44 PM
141,020 visa numbers used in FY2009
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Good to see your post. :) Your posts are very helpful and educational to IV members Thank you.
If someone thinks visas are being wasted please send us the proof and IV will take action.
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Good to see your post. :) Your posts are very helpful and educational to IV members Thank you.
If someone thinks visas are being wasted please send us the proof and IV will take action.
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wanna_immigrate
06-13 12:59 PM
Looks like CIR will be back
http://www.chron.com/disp/story.mpl/ap/tx/4886286.html
http://www.chron.com/disp/story.mpl/ap/tx/4886286.html
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cyberstar79
03-09 12:37 PM
Disappointing.
amsgc
02-05 09:24 PM
It is very important that we point this out to Lawmakers/public when they begin drafting the CIR.
Big question:
Why not put a country cap on the CIR for all undocumented?
What are the reasons for not doing that?
Lawmakers give a rationale of diversity as the reason for country caps. Why is the reason for diversity not relevant for undocumented? I am sure there are undocumented from all countries and not just one country?
Big question:
Why not put a country cap on the CIR for all undocumented?
What are the reasons for not doing that?
Lawmakers give a rationale of diversity as the reason for country caps. Why is the reason for diversity not relevant for undocumented? I am sure there are undocumented from all countries and not just one country?
sri1309
02-14 09:57 AM
IV Core,
Can you please monitor the threads more closely and remove anytning like this. If you are running out of resources, please add some more guys who can do this. There are many guys who always post constructive threads all the time. I may be one of them, if you look at all my previous posts. I can help in cleansing some bad threads here. This thread is insulting to us all, and more to you who maintain this forum, if I am not wrong.
Can you please monitor the threads more closely and remove anytning like this. If you are running out of resources, please add some more guys who can do this. There are many guys who always post constructive threads all the time. I may be one of them, if you look at all my previous posts. I can help in cleansing some bad threads here. This thread is insulting to us all, and more to you who maintain this forum, if I am not wrong.
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