
TeddyKoochu
07-01 10:59 AM
because the backlog for EB3 is currently staring at close to 10 years and an EB2 requirement is around 5 years of progressive experience, which might enable many of them who would have progressed in their careers due to a 10 year wait for green card.
Why not EB2 to EB1 is because, EB1 is for exceptionally skilled people(athletes, doctors, multi-national managers(via L1A) etc). For EB2 candidates to be pushed to EB1, they need to exceptionally skilled which cannot be gained via experience but by acquiring skills which will place them in those categories.
If they can acquire those skills, then they automatically qualify for EB1 or EB1-NIW and can apply anytime by themselves. Note, EB1 does not need a labor approval too.
Hope that makes clear the distinction between EB1, EB2 & EB3. Employment-based GC applying lessons 101...of course this is the simplest one...:D
Do you really agree with multi-national managers(via L1A). This is the area wherein the interpretation is pretty loose. If you dissect EB1 data you would find that EB1C used bulk of it except for this year due to bad economy and tightening of screws. There should be some very clearly defined guidelines for EB1-C, somebody being an onsite coordinator or managing 5 people should not be eligible. This category should be reserved for those who are managing at least 100 people or control business in several millions. I agree that EB1 should be just for the exceptional.
Why not EB2 to EB1 is because, EB1 is for exceptionally skilled people(athletes, doctors, multi-national managers(via L1A) etc). For EB2 candidates to be pushed to EB1, they need to exceptionally skilled which cannot be gained via experience but by acquiring skills which will place them in those categories.
If they can acquire those skills, then they automatically qualify for EB1 or EB1-NIW and can apply anytime by themselves. Note, EB1 does not need a labor approval too.
Hope that makes clear the distinction between EB1, EB2 & EB3. Employment-based GC applying lessons 101...of course this is the simplest one...:D
Do you really agree with multi-national managers(via L1A). This is the area wherein the interpretation is pretty loose. If you dissect EB1 data you would find that EB1C used bulk of it except for this year due to bad economy and tightening of screws. There should be some very clearly defined guidelines for EB1-C, somebody being an onsite coordinator or managing 5 people should not be eligible. This category should be reserved for those who are managing at least 100 people or control business in several millions. I agree that EB1 should be just for the exceptional.
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transpass
02-23 12:12 PM
Research has shown over and over again that "talent, mental capacity, innovation and learning abilities are distributed evenly among different races and ethnic people..."
So there is no dearth of talent in south asia or any part of the world when compared to US or west. It's just that there is a difference in harnessing that talent...
Look at this way...You might like indian classical, but you might not appreciate western opera...That does not mean that western opera is not upto standards, or vice versa...AR Rahman's music is exceptional...no doubt about that...Because of the way movie makers want in India, it is geared towards indian market...It would be suicidal for indian movie makers if they ignore that...
Moreover, until recently, there was no separation between movies and music...Music is pretty much wedded to movies and vice versa...Whereas in the west, music is a separate entity and an industry of it's own...If you have a separate entity like that, it is easier to put your skills in a variety of ways and therefore easier to showcase your talent and easier for others to spot the talent...
Also, in India, movie industry is more paternal of nature...Barring few exceptions, irrespective of talent, some actor/musician, etc. get the roles because his/her family is tied to the industry...(Although it's slowly changing now)...Because of this, you might not get the best talent even though it's out there. Ofcourse, in the west also, you might see the same here and there, but IMO, it's more prevalent in indian cinema...
Lastly, spotting talent greatly depends on the director. In India, we hardly have exceptional directors...Also, I suspect the directors in India are given as much freehand as we hear in the west. If I remember correctly, it was said that it was an accident that AR got the chance in the movies by accident...I think ramgopal (/or maniratnam) (when he was yet to make name for himself) wanted ilayraja to score his movie way back, and was told that he was busy...Stung by it, the director brought AR and from there, the rest was history...
But nonetheless, better late than never and AR achieved it in a big way by winning two in a night...
So there is no dearth of talent in south asia or any part of the world when compared to US or west. It's just that there is a difference in harnessing that talent...
Look at this way...You might like indian classical, but you might not appreciate western opera...That does not mean that western opera is not upto standards, or vice versa...AR Rahman's music is exceptional...no doubt about that...Because of the way movie makers want in India, it is geared towards indian market...It would be suicidal for indian movie makers if they ignore that...
Moreover, until recently, there was no separation between movies and music...Music is pretty much wedded to movies and vice versa...Whereas in the west, music is a separate entity and an industry of it's own...If you have a separate entity like that, it is easier to put your skills in a variety of ways and therefore easier to showcase your talent and easier for others to spot the talent...
Also, in India, movie industry is more paternal of nature...Barring few exceptions, irrespective of talent, some actor/musician, etc. get the roles because his/her family is tied to the industry...(Although it's slowly changing now)...Because of this, you might not get the best talent even though it's out there. Ofcourse, in the west also, you might see the same here and there, but IMO, it's more prevalent in indian cinema...
Lastly, spotting talent greatly depends on the director. In India, we hardly have exceptional directors...Also, I suspect the directors in India are given as much freehand as we hear in the west. If I remember correctly, it was said that it was an accident that AR got the chance in the movies by accident...I think ramgopal (/or maniratnam) (when he was yet to make name for himself) wanted ilayraja to score his movie way back, and was told that he was busy...Stung by it, the director brought AR and from there, the rest was history...
But nonetheless, better late than never and AR achieved it in a big way by winning two in a night...

apatel_17
01-15 04:21 PM
I have purchased 4 firearms during my nonimmigrant status, including a handgun. Nonimmigrants can generally not own firearms in the US. Though, there is an exception to the law if you possess a valid hunting license and have resided in the US for more than 90 days. I took a hunting class, which was a prerequisite for the hunting license and also had very good firearm safety information.
For long-guns, you will need some paperwork before you go to the gunshop (utility bills from at least last 90 days, hunting license, Driver's license, your I-94 number). The background check will probably be delayed a day or two while FBI checks your immigration status. Your gun seller will call you when they get the ok.
For handguns, there may be additional paperwork. I had to apply for handgun permits with the local sheriff's office. The person you first deal with will probably be unaware of the exception for individuals with hunting licenses. You will probably need to take a copy of the law (ICE has a pamphlet on firearm laws for nonimmigrants, take a copy with you) and talk to a supervisor. Once you get the permit you take the permit and your DL to the gun seller plus all the paperwork I listed for long gun purchase. Let me know if you have additional questions. Good luck.
I have been thinking for a long time to own a gun but due to my H-1B status could'nt own one. My I-140 was approved last year and now I am working on EAD.
I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.
For long-guns, you will need some paperwork before you go to the gunshop (utility bills from at least last 90 days, hunting license, Driver's license, your I-94 number). The background check will probably be delayed a day or two while FBI checks your immigration status. Your gun seller will call you when they get the ok.
For handguns, there may be additional paperwork. I had to apply for handgun permits with the local sheriff's office. The person you first deal with will probably be unaware of the exception for individuals with hunting licenses. You will probably need to take a copy of the law (ICE has a pamphlet on firearm laws for nonimmigrants, take a copy with you) and talk to a supervisor. Once you get the permit you take the permit and your DL to the gun seller plus all the paperwork I listed for long gun purchase. Let me know if you have additional questions. Good luck.
I have been thinking for a long time to own a gun but due to my H-1B status could'nt own one. My I-140 was approved last year and now I am working on EAD.
I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.
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terriblething
06-12 12:28 PM
Should be unanimous for guilty found??? Not by majority?
Then that's good news for us.
You knew my attorney tried me with DA question mode. I can only say it is very challenge. He will only ask Yes/No question, and interrupt you immediately if you try to explain something. I believe any man would be emotional in that scenario especially you really feel innocent.
Just an example, I have not said "push my wife to chair ", but in my statement, DA might ask "Does Police lie for his statement" I'd like to say "it is language misunderstanding". But DA would insist on Yes/No question and interrupt while you just open the mouth.
We will rehearsal more before go jury.
Thanks!!!
I am sure the jury will say that you are not guilty if your wife supports your side of the story. Remember, the verdict should be unanimous. So go for jury trial and request a court interpreter to make sure there is no language barrier.
Then that's good news for us.
You knew my attorney tried me with DA question mode. I can only say it is very challenge. He will only ask Yes/No question, and interrupt you immediately if you try to explain something. I believe any man would be emotional in that scenario especially you really feel innocent.
Just an example, I have not said "push my wife to chair ", but in my statement, DA might ask "Does Police lie for his statement" I'd like to say "it is language misunderstanding". But DA would insist on Yes/No question and interrupt while you just open the mouth.
We will rehearsal more before go jury.
Thanks!!!
I am sure the jury will say that you are not guilty if your wife supports your side of the story. Remember, the verdict should be unanimous. So go for jury trial and request a court interpreter to make sure there is no language barrier.

sha_kus
08-10 10:45 PM
Holy Cow...:confused:
arsh007
07-21 01:42 PM
I hate to disappoint you but there have been several instances of highly qualified IT professionals living in the US for a number of years who decide to jump the bandwagon and migrate to Canada due to the GC limbo. What happened to them ? Well some of them struggled to get the right jobs for a number of years before giving up, returning to India and finally taking up highly paid and respected IT middle or senior management positions.
Three of my friends went through such "stressful" experiences and now are happily working back in India. They still regret the decision to put their valuable $$$ into migrating to Canada, living in limbo for a few years while trying to get a compatible job in India and finally going back to India.
It is very unfortunate that people equate job opportunities to the population of the country. If that were the case then India and China would have the most job opportunities in the world because they account for one third of the world population but that's not really the case otherwise we all would't be here in the first place.
Opportunities are defined and provided by the economy. When you compare Canada to US, you might say that it's a smaller economy but remember Canada is a G8 country with such a strong economy that most other countries in the world can only dream of. US is the richest country in the world with the strongest economy so obviously other countries don't offer quite the same opportunities but Canada offers things that has become a dream for many of us... to be a citizen of the country where to permanently reside. Canada offers stability, certainty, hope for the future, and and an opportunity for everyone in your family to realilze their dreams as opposed to sitting at home for years doing nothing hoping that one day that EAD will come. Canada respects immigrants and welcomes them with an open arm quite contrary to policies in US where you are allowed to work but your family is not and even you are kept on the state of limbo for years and years wondering what your future holds in years to come. And better yet, you abide by the laws, pay taxes, do everything by the book yet the guy who just walked across the border has much better chances of becoming a permanent resident than you. Where is the respect and fairness for law abiding folks? That my friend is what is different with Canada. You get treated with respect and dignity and you get to decide what your future holds and not the US government.
Good Luck to you all.
Three of my friends went through such "stressful" experiences and now are happily working back in India. They still regret the decision to put their valuable $$$ into migrating to Canada, living in limbo for a few years while trying to get a compatible job in India and finally going back to India.
It is very unfortunate that people equate job opportunities to the population of the country. If that were the case then India and China would have the most job opportunities in the world because they account for one third of the world population but that's not really the case otherwise we all would't be here in the first place.
Opportunities are defined and provided by the economy. When you compare Canada to US, you might say that it's a smaller economy but remember Canada is a G8 country with such a strong economy that most other countries in the world can only dream of. US is the richest country in the world with the strongest economy so obviously other countries don't offer quite the same opportunities but Canada offers things that has become a dream for many of us... to be a citizen of the country where to permanently reside. Canada offers stability, certainty, hope for the future, and and an opportunity for everyone in your family to realilze their dreams as opposed to sitting at home for years doing nothing hoping that one day that EAD will come. Canada respects immigrants and welcomes them with an open arm quite contrary to policies in US where you are allowed to work but your family is not and even you are kept on the state of limbo for years and years wondering what your future holds in years to come. And better yet, you abide by the laws, pay taxes, do everything by the book yet the guy who just walked across the border has much better chances of becoming a permanent resident than you. Where is the respect and fairness for law abiding folks? That my friend is what is different with Canada. You get treated with respect and dignity and you get to decide what your future holds and not the US government.
Good Luck to you all.

arian2002
01-15 01:22 PM
Please never ever try to argue or act smart in front of a thug/carjacker/burglar. Most of the time these guys are high on weeds and stuff like that and they will not hesistate to shoot at the slightest resistance. It is better to part with whatever cash, jewellery you have then get shot and die or suffer disability for life.
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snathan
02-15 10:45 AM
http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyName=Outsourcing&articleId=9127943&taxonomyId=72&pageNumber=1
Now that Desi consultant companies are under scanner, i hope employees working for them get their long overdue justice.
H1B has become synonym for visa abuse bcoz of these moron's. I hope the system comesout clean.
Rather than targeting small H1 consulting companies...they have to target big IT firms with thousands of L1 visa. Thats bigger then the H1Bs...There is only 65K H1B per years. No one knows how many L1 visa they are issuing every year and there is no accountability.
Also the wage is too low.
Now that Desi consultant companies are under scanner, i hope employees working for them get their long overdue justice.
H1B has become synonym for visa abuse bcoz of these moron's. I hope the system comesout clean.
Rather than targeting small H1 consulting companies...they have to target big IT firms with thousands of L1 visa. Thats bigger then the H1Bs...There is only 65K H1B per years. No one knows how many L1 visa they are issuing every year and there is no accountability.
Also the wage is too low.

chanduv23
10-05 10:16 AM
Great news :). Go IV go :)
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vinodmp
02-10 11:04 AM
Any Ball park amount I should expect as attorney fee for the MTR ? I know some one mentioned about a CA attorney who does it for $500 but since I don't have H1 as backup , incase if I need switch back to the 2nd employer it is better to keep the current attorney ( 2nd employer ) . looks like he may not come cheap . they asked whether I want to file for Adv parol and it will cost attorney fee $800 . ( I don't have a clue why asked when my I485 is in denial stage) .
I looked at the I290B form and looks not so complicated.
But in this situation I do not want to take the risk of filing myself .
Thanks
-vinod
I looked at the I290B form and looks not so complicated.
But in this situation I do not want to take the risk of filing myself .
Thanks
-vinod

dilipb
06-23 04:00 PM
forgot one thing.
NO short forms.
On the check write US department of homeland security
NO dept.
NO USCIS
DONT forget "US"
NO short forms.
On the check write US department of homeland security
NO dept.
NO USCIS
DONT forget "US"
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GC_LOOKIN
08-27 10:45 PM
Expectation is itself on July 2nd courier based Apps were around 20000+ but ofcourse after 2nd the no. of applications significantly reduced hope for the best
I am on the same boat, my application was also received 9:01 AM Fedex signed by R.Mickels. I am not sure what the hell is goin on..it's all messed up..:mad:
I am on the same boat, my application was also received 9:01 AM Fedex signed by R.Mickels. I am not sure what the hell is goin on..it's all messed up..:mad:
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walking_dude
08-13 10:56 AM
Disclosure : I have already received 2 year EAD (thanks to IV). I have taken initiative to bootstrap the effort to help others who haven't been so fortunate. Since we are all in the same boat let us watch each others back for a change, instead of trying to backstab each other at every available opportunity.
This is NOT a yet another case tracker /EAD tracker thread. I don't believe that just tracking stuff will change anything. Be it EAD issue or any other, real world action is needed to solve it.
I have started this thread to guage the impact this issue has had on our community , how many members are affected, what actions have been taken by them, so that next steps can be taken. If a large number of members are impacted IV may decide to take up the issue.
Here are the options available to applicants
1) Call National Customer Service Center and create a Service Request (SR) to expedite the case
2) Fax and mail a letter to Service Center requesting to expedite the case due to possibility of job loss. Since the burden of proof is on the applicant - a letter from the company that EAD is necessary for continuation of job may help.
3) If steps 1 and 2 don't produce the results and CRs refuse to open SRs citing silly reasons, USCIS Ombudsman may be approached.
Here's how you can do that - http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
4) Approach your US Congressmen/women Representative/Senators. Every office has a different form for requesting Immigration help. They can open an inquiry with USCIS on your behalf.
Following the above (4) steps is no guarantee that your case will be resolved. But it is necessary that we follow all possible avenues before the issue needs to be escalated. We shouldn't feel embarassed at the question "Did you follow up with all these avenues available to you?". Our answer should be - "Yes. We did all that and it didn't help". And we should be able to produce the proof that we did do all the four steps mentioned above.
If you have done all the four or after you have exhausted all avenues, AND are willing to take it further - speak to the media, participate in possible IV campaign etc., post your details. We need members ready to go public with the issue if we want to succeed.
Right now, I have started this as an individual initiative. But I am sure that IV will get involved once it's proven that a large number are impacted and there are enough members to turn it into a campaign.
This is NOT a yet another case tracker /EAD tracker thread. I don't believe that just tracking stuff will change anything. Be it EAD issue or any other, real world action is needed to solve it.
I have started this thread to guage the impact this issue has had on our community , how many members are affected, what actions have been taken by them, so that next steps can be taken. If a large number of members are impacted IV may decide to take up the issue.
Here are the options available to applicants
1) Call National Customer Service Center and create a Service Request (SR) to expedite the case
2) Fax and mail a letter to Service Center requesting to expedite the case due to possibility of job loss. Since the burden of proof is on the applicant - a letter from the company that EAD is necessary for continuation of job may help.
3) If steps 1 and 2 don't produce the results and CRs refuse to open SRs citing silly reasons, USCIS Ombudsman may be approached.
Here's how you can do that - http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
4) Approach your US Congressmen/women Representative/Senators. Every office has a different form for requesting Immigration help. They can open an inquiry with USCIS on your behalf.
Following the above (4) steps is no guarantee that your case will be resolved. But it is necessary that we follow all possible avenues before the issue needs to be escalated. We shouldn't feel embarassed at the question "Did you follow up with all these avenues available to you?". Our answer should be - "Yes. We did all that and it didn't help". And we should be able to produce the proof that we did do all the four steps mentioned above.
If you have done all the four or after you have exhausted all avenues, AND are willing to take it further - speak to the media, participate in possible IV campaign etc., post your details. We need members ready to go public with the issue if we want to succeed.
Right now, I have started this as an individual initiative. But I am sure that IV will get involved once it's proven that a large number are impacted and there are enough members to turn it into a campaign.
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somegchuh
11-18 10:32 PM
Just out of curiosity how many of those 60% were citizens? I know a lot of friends who have put in extra 5 years to get the citizenship.
I think aging parents is probably the biggest and valid concern a lot of ppl have.
I think there are plenty of people who always planned to go back .. the GC /USC was just a career advancement tool for these people. In fact, a survey of US returnees to India after 2000 shows that the majority (around 60%) were USCs/ GC holders, which is clearly an indication that the relocation was by choice rather than any immigration issues.
And finally, many of us have family issues like taking care of aged parents which either makes the re-location inevitable or in some cases may coincide with career goals.
I have seen that most ppl who have been here for over 5 years have almost fallen in love with the possibilities. They talk about going back to take advantage of the booming growth but very few actually do go back.
Or maybe some of us came here precisely for the reasons you mention, seeking greener pastures but fell in love with the openness, informality and the possibilities here .
I think aging parents is probably the biggest and valid concern a lot of ppl have.
I think there are plenty of people who always planned to go back .. the GC /USC was just a career advancement tool for these people. In fact, a survey of US returnees to India after 2000 shows that the majority (around 60%) were USCs/ GC holders, which is clearly an indication that the relocation was by choice rather than any immigration issues.
And finally, many of us have family issues like taking care of aged parents which either makes the re-location inevitable or in some cases may coincide with career goals.
I have seen that most ppl who have been here for over 5 years have almost fallen in love with the possibilities. They talk about going back to take advantage of the booming growth but very few actually do go back.
Or maybe some of us came here precisely for the reasons you mention, seeking greener pastures but fell in love with the openness, informality and the possibilities here .
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chanduv23
10-11 09:44 AM
So many "I will try and keep you posted". So what is the story here? R u all making it or not?
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gc_on_demand
01-14 10:01 AM
Yes I am looking at the thread. I am expecting a very good forward movement(At least to 2007 Dec) in EB2 India category in the coming months.
If you see the Visa bulletin Archive for the last three years during April - Jul range theres a sharp jump in Priority dates(more than a year and more) for EB2 category. This happened during vertical fall out (This doesnt include last year because last year its horizontal fall out). So this year I am expecting the cut off dates will move at least two years ahead for EB2 India because of the horizontal fall out. For Eb3 I am not expecting any big change unless theres some immigration reform in the new OBAMA government.
Hello VDLRAO
dates will move till May / June 2007 allowing USCIS plenty of files to consume quota. Making date till Dec 2007 will open gates for people who didnot file during July 2007.
If you see the Visa bulletin Archive for the last three years during April - Jul range theres a sharp jump in Priority dates(more than a year and more) for EB2 category. This happened during vertical fall out (This doesnt include last year because last year its horizontal fall out). So this year I am expecting the cut off dates will move at least two years ahead for EB2 India because of the horizontal fall out. For Eb3 I am not expecting any big change unless theres some immigration reform in the new OBAMA government.
Hello VDLRAO
dates will move till May / June 2007 allowing USCIS plenty of files to consume quota. Making date till Dec 2007 will open gates for people who didnot file during July 2007.
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ggyro
07-20 05:59 PM
I believe best mode's analysis is correct based on the following from the daily dairy
"By 55 yeas to 40 nays .. Senate rejected the motion to waive ...with respect to Cornyn Amendment No. 2339 (to Amendment No. 2327), to provide interim relief for .... Subsequently, the point of order that the amendment, was not germane, was sustained, and the amendment thus fell. "
My interpretation: the vote was not on Cornyn's amendment; ...; it was out of order because it did not qualify as an amendment to this bill.
Because 40 Dems voted no on the waiver does not mean they are opposed to the amendment; they just did not want to vote on this amendment on this bill.
"By 55 yeas to 40 nays .. Senate rejected the motion to waive ...with respect to Cornyn Amendment No. 2339 (to Amendment No. 2327), to provide interim relief for .... Subsequently, the point of order that the amendment, was not germane, was sustained, and the amendment thus fell. "
My interpretation: the vote was not on Cornyn's amendment; ...; it was out of order because it did not qualify as an amendment to this bill.
Because 40 Dems voted no on the waiver does not mean they are opposed to the amendment; they just did not want to vote on this amendment on this bill.
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Macaca
06-17 10:34 AM
The delay caused by the FBI name check has substantial consequences to applicants and their families, as well as to our country and the economy. Examples of how legitimate applicants suffer include:
Loss of employment and employment opportunities where the position requires green card status or U.S. citizenship;
Possible termination of employment due to the inability to comply with required Form I-9 employment verification procedures where USCIS delays interim EAD issuance;
Difficulties obtaining drivers� licenses;
Inability to qualify for certain federal grants and funds;
Limitations on the ability to purchase property;
Difficulties obtaining credit and student loans; and
Disqualification from in-state tuition.
Loss of employment and employment opportunities where the position requires green card status or U.S. citizenship;
Possible termination of employment due to the inability to comply with required Form I-9 employment verification procedures where USCIS delays interim EAD issuance;
Difficulties obtaining drivers� licenses;
Inability to qualify for certain federal grants and funds;
Limitations on the ability to purchase property;
Difficulties obtaining credit and student loans; and
Disqualification from in-state tuition.
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coolvigo
11-05 01:21 AM
I have read lot of articles on money transfer.....and all said money can come from India only if it is for education or medical reasons. ....... we need to show proof for the same too....
Anyway, whoever was able to do it.....good for him :-)
I found a guy here who is giving me his dollars in US in exchange of rate of Rs40=$1. I am losing some money in this transaction.....but I guess....I will have to take it :(
:o:o:o
Anyway, whoever was able to do it.....good for him :-)
I found a guy here who is giving me his dollars in US in exchange of rate of Rs40=$1. I am losing some money in this transaction.....but I guess....I will have to take it :(
:o:o:o
aadimanav
08-14 08:49 AM
bump
snathan
03-17 03:40 PM
We want to do this as IV right?
Sorry for my ignorance but just curious, why exactly this guy is banned?
Might be some anti...trying to create/divide people here.
Sorry for my ignorance but just curious, why exactly this guy is banned?
Might be some anti...trying to create/divide people here.