vrbest
02-12 03:50 PM
Hi I am on the same status. My lawyer said I dont need to worry. She said I am still on H1 as the extension is applied and is pending.
I am not sure what my status is at present.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
I am not sure what my status is at present.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
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immique
06-30 01:43 AM
I am having a little difficulty understanding this. If you are not so sure about approval in EB3 category how do you plan to apply in EB2 category? Moreover what makes you think that your EB3 I-140 may be denied? Even if it is a Labor substitution case if your application is strong, you should not have any issues. Your employer must support your EB2 application otherwise it is not possible.
LostInGCProcess
11-06 04:13 PM
OK, thank you. Has anyone done this? Going from AOS to H-1B? I mean, getting into H1 status w/o leaving the U.S.?
I cannot give you an example, since I don't know anybody doing that. AFAIK, if the H1 document, does not come with the I-94, then you have to leave the country and enter to get into H1b status. However, if you do get the I-94 stub, you need not travel thru POI.
confirm with an attorney.
I cannot give you an example, since I don't know anybody doing that. AFAIK, if the H1 document, does not come with the I-94, then you have to leave the country and enter to get into H1b status. However, if you do get the I-94 stub, you need not travel thru POI.
confirm with an attorney.
2011 Ocean+food+chain+for+kids
ragz4u
03-06 12:46 PM
i contacted Senator dewine, urging him to back the PACE act
here is the reply i got
keep ur fingers crossed:)
Dear xxxxxx
Thank you for contacting me regarding illegal immigration. I agree
that
illegal immigration is a very serious problem and appreciate knowing
your
views.
Currently, there are approximately 11 million undocumented immigrants
in
the United States, with close to 1 million more arriving every year.
Yet,
our current immigration system is broken. It is a system that is not
good
for American security, particularly during our fight to combat
international terrorism. It is not good for American workers and
businesses. And, it is not good for the immigrants, themselves.
To tackle this problem, we must have a comprehensive immigration plan
that
toughens our borders, documents illegal immigrants, and provides for
American labor needs. The Senate Judiciary Committee, of which I am a
member, is set to take up immigration reform soon. In fact, several
immigration bills are currently pending before the Committee, including
a
border protection bill passed by the House of Representatives in
December
2005. As the Judiciary and the full Senate debate immigration reform,
I
will be certain to keep your views in mind.
Again, thank you for contacting me. If you have any additional
concerns,
please feel free to contact me anytime.
Very respectfully yours,
MIKE DeWINE
United States Senator
RMD/bf
Disclaimer: The email account that this message originated from does
not
accept inbound messages, therefore please send all electronic
correspondence through our webform located at:
http://dewine.senate.gov.
This proves that the faxes sent via the webfax features are actually reaching the senators. I received a reply from Senator Specter's office too.
As far as the content of the replies goes, this proves again that to a lot of lawmakers, immigration = ILLEGAL immigration. It is upto us to educate them of our plight too.
Wam4Wam, can you call up your senator's office and speak to the immigration liaision? Explain to him that when you sent the fax to them, you had asked for considering pro immigrant legislation for legal immigrants.
You can ask the liaision for a meeting too. We have all the necessary resources you need for such a meeting on our resources website. The CA team has been successfully using these resources. And please update this thread too so that others may learn from you
here is the reply i got
keep ur fingers crossed:)
Dear xxxxxx
Thank you for contacting me regarding illegal immigration. I agree
that
illegal immigration is a very serious problem and appreciate knowing
your
views.
Currently, there are approximately 11 million undocumented immigrants
in
the United States, with close to 1 million more arriving every year.
Yet,
our current immigration system is broken. It is a system that is not
good
for American security, particularly during our fight to combat
international terrorism. It is not good for American workers and
businesses. And, it is not good for the immigrants, themselves.
To tackle this problem, we must have a comprehensive immigration plan
that
toughens our borders, documents illegal immigrants, and provides for
American labor needs. The Senate Judiciary Committee, of which I am a
member, is set to take up immigration reform soon. In fact, several
immigration bills are currently pending before the Committee, including
a
border protection bill passed by the House of Representatives in
December
2005. As the Judiciary and the full Senate debate immigration reform,
I
will be certain to keep your views in mind.
Again, thank you for contacting me. If you have any additional
concerns,
please feel free to contact me anytime.
Very respectfully yours,
MIKE DeWINE
United States Senator
RMD/bf
Disclaimer: The email account that this message originated from does
not
accept inbound messages, therefore please send all electronic
correspondence through our webform located at:
http://dewine.senate.gov.
This proves that the faxes sent via the webfax features are actually reaching the senators. I received a reply from Senator Specter's office too.
As far as the content of the replies goes, this proves again that to a lot of lawmakers, immigration = ILLEGAL immigration. It is upto us to educate them of our plight too.
Wam4Wam, can you call up your senator's office and speak to the immigration liaision? Explain to him that when you sent the fax to them, you had asked for considering pro immigrant legislation for legal immigrants.
You can ask the liaision for a meeting too. We have all the necessary resources you need for such a meeting on our resources website. The CA team has been successfully using these resources. And please update this thread too so that others may learn from you
more...
arunoman
04-10 02:41 AM
Check with your attorney probably you can appeal to re open your case if you are sure that you have responded to the RFE "on time". Its very much possible.
eeezzz
10-09 04:14 PM
and when the processing dates move forward, the pd will retrogress. they will find ways to scr** this way or that.
I think processing dates only matters about if you can do SR. It doesn't matter if they are going to adjust your I-485. The reason I think this way is based on processing date for EAD and AP. Myself and many people got EAD or AP and our dates are no where close to the date list on processing center. So I think processing center date not really matters if they have your case in hand and ready to adjust.
Maybe when the boss at USCIS thinks CSR are bored, they will adavnce the date to keep them busy with SR.
I think processing dates only matters about if you can do SR. It doesn't matter if they are going to adjust your I-485. The reason I think this way is based on processing date for EAD and AP. Myself and many people got EAD or AP and our dates are no where close to the date list on processing center. So I think processing center date not really matters if they have your case in hand and ready to adjust.
Maybe when the boss at USCIS thinks CSR are bored, they will adavnce the date to keep them busy with SR.
more...
GCwaitforever
03-30 08:50 PM
He says in the talk, the job market in India is booming right now and it offers promotion opportunitieis etc ...
In some places, depending on your experience and capabilities, you might as well get comparable salary to US. Given that cost of living is low in India, you might end up with same disposable income after taxes and expenses.
Good to hear that Americans are getting an idea what it would be to live in a shell in a global economy. Germany, UK opened up their borders and more EU countries might follow suit like Netherlands, Belgium, lastly France.
In some places, depending on your experience and capabilities, you might as well get comparable salary to US. Given that cost of living is low in India, you might end up with same disposable income after taxes and expenses.
Good to hear that Americans are getting an idea what it would be to live in a shell in a global economy. Germany, UK opened up their borders and more EU countries might follow suit like Netherlands, Belgium, lastly France.
2010 Marine+food+chain+for+kids
pappu
06-06 09:10 AM
http://immigrationvoice.org/index.php?option=com_content&task=category§ionid=4&id=13&Itemid=36
You can find some points here in the documents on the URL mentioned above. This thread brings a good point. There are several issues that impact society, economy, family and relationships due to delays and problems in the GC process. Nobody has a compresensive study on that. Its a real anthropological/sociology and somewhat economics subject for anyone in universities doing a research. Such student can use us in this group to study. We should also try to have a document highlighting these issues so that US media can look at this problem from a different perspective.
some points
- lives are on hold
- property purchases cannot be planned
- cannot plan future investments and plan for settling in life.
- H1B is a temporary job and loss of job means leaving the country in 15 days. thus it impacts the lifestyle and family life. it has economic and psycological implications
- spouse cannot even have driving license since they cannot have a social security card. social security card is given only upon getting work permit. and h4 visa means spose cannot work. lack of driving license is a huge factor in creating restlessness and anxiety and leads to several hardships for a family. Driving is a need in this country and lack of of by spouses affects the homemakers and management of the house and needs.
- H1Bs on extensions (1 year) and people with 1 year EADs have difficulty getting driving license renewed in some states. not being able to drive to work is a big problem in itself and has economic and physical hardship implications.
- long wait for green card weighs in heavy on immigrant families and they cannot enjoy the same freedom that citizens or permanent residents enjoy. This restriction hampers the growth and development of children.
- children of H1B holders cannot get any relief in tuition in local colleges even if they are intelligent and qualify all exams with best scores. They cannot get any scolarships.
- employers of h1B tend to exploit employees knowing that the employee will stay until PR application is approved. This creates depression in employees.
- lack of promotions and raises for H1B immigrant causes disparity amongst employees and coworkers change their attitude against the employee. Such lack of respect and seeing juniors becoming seniors over a perid of time, creates emotional stress in immigrant.
- The lengthy, vague and irratic nature of proceessing of cases by USCIS and DOL causes tensions and distress at various stages in the process.
- Skilled EB immigrants only make up 11.5% of legal immigrants. This small number contributes the most to the us economy instead of other catagories.
- Lot of highly educated professional want to start new businesses and ventures. Inability to do that hurts their innovative spirit and competitive edge that usa can befit from. New business will also provide more revenue and jobs for the country.
- Due to the nature of H1B validations and extensions, every time the immigrant travels to the home country there has to be a visa interview. These visa interviews have to be planned months in advance and the trip cannot be short. It has a financial burden and emotional stress for the family. Not being able to visit the homecountry at will creates family tensions and issues. Families and relatives have to stay part and meet after long intervals of time.
- inability to change jobs during the 8 year greencard process hurts the learning and development and career growth of the person. For a high skilled professional in the prime of his work life this is very important. Not being able to change jobs creates frustration and growth becomes stagnant.
- the long wait for the GC forces some immigrant to migrate to other developed countries that have better immigration process or head back to home country to use their skills. Its a loss of intellectual capital for USA. For an immigrant it means uprooting life again from one place and restarting life again elsewhere. It not only has financial implications but a social, cultural and emotional burden on the family.
You can find some points here in the documents on the URL mentioned above. This thread brings a good point. There are several issues that impact society, economy, family and relationships due to delays and problems in the GC process. Nobody has a compresensive study on that. Its a real anthropological/sociology and somewhat economics subject for anyone in universities doing a research. Such student can use us in this group to study. We should also try to have a document highlighting these issues so that US media can look at this problem from a different perspective.
some points
- lives are on hold
- property purchases cannot be planned
- cannot plan future investments and plan for settling in life.
- H1B is a temporary job and loss of job means leaving the country in 15 days. thus it impacts the lifestyle and family life. it has economic and psycological implications
- spouse cannot even have driving license since they cannot have a social security card. social security card is given only upon getting work permit. and h4 visa means spose cannot work. lack of driving license is a huge factor in creating restlessness and anxiety and leads to several hardships for a family. Driving is a need in this country and lack of of by spouses affects the homemakers and management of the house and needs.
- H1Bs on extensions (1 year) and people with 1 year EADs have difficulty getting driving license renewed in some states. not being able to drive to work is a big problem in itself and has economic and physical hardship implications.
- long wait for green card weighs in heavy on immigrant families and they cannot enjoy the same freedom that citizens or permanent residents enjoy. This restriction hampers the growth and development of children.
- children of H1B holders cannot get any relief in tuition in local colleges even if they are intelligent and qualify all exams with best scores. They cannot get any scolarships.
- employers of h1B tend to exploit employees knowing that the employee will stay until PR application is approved. This creates depression in employees.
- lack of promotions and raises for H1B immigrant causes disparity amongst employees and coworkers change their attitude against the employee. Such lack of respect and seeing juniors becoming seniors over a perid of time, creates emotional stress in immigrant.
- The lengthy, vague and irratic nature of proceessing of cases by USCIS and DOL causes tensions and distress at various stages in the process.
- Skilled EB immigrants only make up 11.5% of legal immigrants. This small number contributes the most to the us economy instead of other catagories.
- Lot of highly educated professional want to start new businesses and ventures. Inability to do that hurts their innovative spirit and competitive edge that usa can befit from. New business will also provide more revenue and jobs for the country.
- Due to the nature of H1B validations and extensions, every time the immigrant travels to the home country there has to be a visa interview. These visa interviews have to be planned months in advance and the trip cannot be short. It has a financial burden and emotional stress for the family. Not being able to visit the homecountry at will creates family tensions and issues. Families and relatives have to stay part and meet after long intervals of time.
- inability to change jobs during the 8 year greencard process hurts the learning and development and career growth of the person. For a high skilled professional in the prime of his work life this is very important. Not being able to change jobs creates frustration and growth becomes stagnant.
- the long wait for the GC forces some immigrant to migrate to other developed countries that have better immigration process or head back to home country to use their skills. Its a loss of intellectual capital for USA. For an immigrant it means uprooting life again from one place and restarting life again elsewhere. It not only has financial implications but a social, cultural and emotional burden on the family.
more...
ghost
07-18 06:04 PM
I wonder when illegal can demonstrate, why can't we unite and organize some demonstartions to explain our frustrations and demands.
A lot of discussion happened on this topic in the past and the general consensus was that it will boomerang on us. We should not be demonstrating/protesting/demanding.
Welcome to the world of white collar politics.:)
A lot of discussion happened on this topic in the past and the general consensus was that it will boomerang on us. We should not be demonstrating/protesting/demanding.
Welcome to the world of white collar politics.:)
hair Marine+food+chain+for+kids
raysaikat
07-10 08:50 PM
Hello,
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
more...
Michael chertoff
02-15 09:38 PM
Bank denied a consumer loan ,after approval due to immigration status specifically they said no loan unless you are a citizen. i am a permanent resident , leaving in the US for over 15 years. Applying for naturalization this year. Also the same bank had approved a consumer loan 2 years ago and now they say "oh we made a mistake then". Case or no case? I think I have been discriminated against.
Some one please help him.. I dont know what to do...
Papuu please advise him.
MC
Some one please help him.. I dont know what to do...
Papuu please advise him.
MC
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transpass
07-24 03:20 PM
Assuming you have very good credit history - you may also consider getting Citibank PremierPass Elite card. It gives you 1 thankyou point for each mile - multiplied by the number of travellers when you book using this card. This is in addition to any airline miles you will earn.
I got $500 of gift cards (staples/sears etc.) and cash checks from encashing the thankyou points (roughly fifty something thousand) from my last India trip. This card has $75 yearly fee - but that is more than compensated by the 20,000 bonus thank you points they give for enrolling in the card.
And if you have a long layover like I had (7 hours) - maybe you could even consider one of those cards which gives you free lounge access. I have Citibank Platinum Amex. These cards require even better credit history than Premierpass Elite. Again - all these cards have yearly fee - but you can get bonus for enrolling which compensates for these. Mine has a $125/yr fee and gave me a bonus of 20,000 thankyou point for enrolling.
I typically go to india every alternate year. My plan is to cancel these cards every year and re-enroll just before I travel.
Hey, what is the cash back rate? 1%, 2%? Is there any limit?
I got $500 of gift cards (staples/sears etc.) and cash checks from encashing the thankyou points (roughly fifty something thousand) from my last India trip. This card has $75 yearly fee - but that is more than compensated by the 20,000 bonus thank you points they give for enrolling in the card.
And if you have a long layover like I had (7 hours) - maybe you could even consider one of those cards which gives you free lounge access. I have Citibank Platinum Amex. These cards require even better credit history than Premierpass Elite. Again - all these cards have yearly fee - but you can get bonus for enrolling which compensates for these. Mine has a $125/yr fee and gave me a bonus of 20,000 thankyou point for enrolling.
I typically go to india every alternate year. My plan is to cancel these cards every year and re-enroll just before I travel.
Hey, what is the cash back rate? 1%, 2%? Is there any limit?
more...
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eb3retro
01-06 05:39 PM
Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.
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anilsal
11-07 09:27 PM
http://immigrationvoice.org/forum/showthread.php?goto=newpost&t=15252
IL Meet and Greet.
IL Meet and Greet.
more...
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lvinaykumar
09-07 08:29 PM
Well me almost in the same boat, have not applied EB2 140 yet, not sure what the process is
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bp333
10-29 04:31 PM
Thanks for your info..and I wish you good luck. By any chance are you aware whether i need to send new fees or old fees? As a precaution I am going to sending the diff amount in a separate check.
They should be OK with the old fee, however to be safe I would send an extra check to make up the difference for new fee. Explain it in the cover letter and let them decide.
They should be OK with the old fee, however to be safe I would send an extra check to make up the difference for new fee. Explain it in the cover letter and let them decide.
more...
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AZ_GC
08-28 04:45 PM
Hello fellow IV members,
I am hoping to port to a new job using AC21. I contacted my attorney with various questions about the process, but she told me that she can not respond to my questions because she represents me as well as the current company I work for. For those of you who are looking to port or have already done so, did you face a similar situation - where your attorney could not advise and assist you through the process of porting? How did you resolve this situation? Did you have to find another attorney to help you with porting to a new job?
Thanks for your help.
This holds true for 95% of the attorneys. They will give you a "conflict of interest" answer if you try to Invoke AC21
I am hoping to port to a new job using AC21. I contacted my attorney with various questions about the process, but she told me that she can not respond to my questions because she represents me as well as the current company I work for. For those of you who are looking to port or have already done so, did you face a similar situation - where your attorney could not advise and assist you through the process of porting? How did you resolve this situation? Did you have to find another attorney to help you with porting to a new job?
Thanks for your help.
This holds true for 95% of the attorneys. They will give you a "conflict of interest" answer if you try to Invoke AC21
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izolo
06-07 06:10 AM
more questions:
1- if I apply for extension before the I-96 expiry date and it will get deny after the 180 days of my I-94 expiry and before the 240 days, can I stay to file a new petition which will be on the next April? will I be out of status?
2- during this time ( after applying and before getting the result) can I apply for H1-B transfer?
3- Do I have to go back to my home country if it is approved to get the new I-94?
6- Does anybody know where should I ask for duplication as I dont have the originals?
7- can I apply for GC instead of extension with the same employer? will this help?
I just need one year to be there legally, then my husband who is a dentist can pass the exams and apply for F1,Please help me, any suggestion?
1- if I apply for extension before the I-96 expiry date and it will get deny after the 180 days of my I-94 expiry and before the 240 days, can I stay to file a new petition which will be on the next April? will I be out of status?
2- during this time ( after applying and before getting the result) can I apply for H1-B transfer?
3- Do I have to go back to my home country if it is approved to get the new I-94?
6- Does anybody know where should I ask for duplication as I dont have the originals?
7- can I apply for GC instead of extension with the same employer? will this help?
I just need one year to be there legally, then my husband who is a dentist can pass the exams and apply for F1,Please help me, any suggestion?
hairstyles Tropical Rainforest Food Chain
Billboard
08-07 04:53 PM
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
STAmisha
11-16 03:08 PM
Abybody who has done this, please post it
vjkypally
08-07 11:55 AM
Can we remove this now tht we have had our laughs:) this way we know when the real one comes out:)))
