satishku_2000
07-08 06:43 PM
I have a question , if someone want to answer it.
We are applying for EB based greencard,That is its my company which is applying for my GC, i am just an benefeciary , and USCIS is dealing with my company, How can i then sue USCIS in the lawsuit.
I asked this because, my lawyer told me that its my company who is the applicant in a EB based GC
Your company does not file adjusment of status (AOS), you file the AOS for you and your dependents ... we are not talkin about labor and 140 here we are talkin about 485 .. Your employer or lawyer does not undergo vaccinations and medical tests ...
You should ask your lawyer about "due process under law" in american constitution ...
We are applying for EB based greencard,That is its my company which is applying for my GC, i am just an benefeciary , and USCIS is dealing with my company, How can i then sue USCIS in the lawsuit.
I asked this because, my lawyer told me that its my company who is the applicant in a EB based GC
Your company does not file adjusment of status (AOS), you file the AOS for you and your dependents ... we are not talkin about labor and 140 here we are talkin about 485 .. Your employer or lawyer does not undergo vaccinations and medical tests ...
You should ask your lawyer about "due process under law" in american constitution ...
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sss9i
07-20 10:52 AM
Bump up
kg318
04-20 09:23 PM
thanks a lot guyz for all ur replies. My only concern is can they claim the GC expenses(lawyer fee and advertisement costs involved in PERM filing) as the expenses they incurred because of me leaving the company if they file a law suit using non compete. There is no other expense relocation, training or another kind of expense that company has incurred for me(not a single penny except h1b filing). and one more thing i want to let u know is that i am workign with the same client just changed my h1b to PF. Will that be a trouble??? As i have already mentioned earlier in the agreement of company A with PF when i joined the company clearly specifies that PF can take me immediately upon my termination with company A.
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sobers
05-02 10:42 AM
The Brownback and Bingaman amendments need to be incorporated into this bill.
===
Compete America Praises Introduction of Cornyn Legislation to Reform H-1B and Green Card Systems
'SKIL Bill' Would Relieve Crisis Facing U.S. Employers of Highly Educated Foreign Nationals
Washington D.C. - Compete America today praised the introduction of the "SKIL Bill" by Senator John Cornyn (R-TX) to reform both the H-1B visa and employment based (EB visa) green card processes. The legislation is cosponsored by Senators Allard (R-CO), Allen (R-VA), Bennett (R-UT), Enzi (R-WY), and Lott (R-MS).
The SKIL Bill is the latest indicator that both the United States Senate and the Bush Administration are prepared to fix the visa system for highly educated foreign nationals. In addition to the SKIL Bill, Compete America has endorsed measures contained the Senate's comprehensive immigration legislation addressing H-1B and EB visa issues; and has also endorsed President Bush's call to ensure access to talent as part of the Administration's American Competitiveness Initiative.
"Senator Cornyn clearly understands the contribution highly-educated foreign nationals make to the U.S. economy and to Texas," said Texas Instruments CEO and President Richard K. Templeton. "The Senator's bill reaffirms America's proud tradition of welcoming top talent to this country. The reality is that most scientists and engineers with advanced degrees from U.S. universities are foreign born. The competition for talent is truly global. If the U.S. wants to win, we absolutely must encourage these advanced degree holders to stay here and get their green cards - not send them home to compete against us. The 'SKIL' bill really advances that goal."
Both the H-1B and EB visa/green card programs have been responsible for bringing much needed foreign talent to live and work in the United States, and most importantly, to make significant contributions to the U.S. economy and global competitiveness. However, H-1B shortages have been well documented, and backlogs in the green card system are getting worse, forcing thousands of valued foreign-born professionals - including researchers, scientists, teachers and engineers - into legal and professional limbo for seven years or more.
Among the provisions of the SKIL Bill (Securing Knowledge Innovation and Leadership) endorsed by Compete America are the following:
Exemptions for U.S. educated foreign workers with advanced degrees in math, science, technology and engineering fields from the H-1B and EB quotas so their talent can be retained in the United States.
Creation of a flexible, market-based H-1B cap so that U.S. employers are not locked out of hiring critical talent.
Extension of foreign students' post curricular optional practical training from 12 months to 24 months to allow them to go more easily from student to green card.
Exemptions for EB/green card immigrant spouses and children from the annual cap, thus making more visas available for the professionals we need.
The SKIL Bill contains many of the provisions for reform of the H-1B visa and EB/green card systems that are present in the two versions of comprehensive immigration reform introduced by Senate Majority Leader Bill Frist (R-TN) and Senate Judiciary Committee Chairman Arlen Specter (R-PA).
"The Senate is ready to address the problem facing U.S. employers of highly educated foreign nationals," said Sandra Boyd, National Association of Manufacturers Human Resources Policy Vice President and Compete America Chair. "It is incomprehensible that Congress would address broad immigration reform without fixing the system that brings legal, highly educated workers to the U.S. We are grateful to Senator Cornyn and the other cosponsors of the SKIL bill as well as those who have supported the inclusion of similar provisions in comprehensive immigration reform."
===
Compete America Praises Introduction of Cornyn Legislation to Reform H-1B and Green Card Systems
'SKIL Bill' Would Relieve Crisis Facing U.S. Employers of Highly Educated Foreign Nationals
Washington D.C. - Compete America today praised the introduction of the "SKIL Bill" by Senator John Cornyn (R-TX) to reform both the H-1B visa and employment based (EB visa) green card processes. The legislation is cosponsored by Senators Allard (R-CO), Allen (R-VA), Bennett (R-UT), Enzi (R-WY), and Lott (R-MS).
The SKIL Bill is the latest indicator that both the United States Senate and the Bush Administration are prepared to fix the visa system for highly educated foreign nationals. In addition to the SKIL Bill, Compete America has endorsed measures contained the Senate's comprehensive immigration legislation addressing H-1B and EB visa issues; and has also endorsed President Bush's call to ensure access to talent as part of the Administration's American Competitiveness Initiative.
"Senator Cornyn clearly understands the contribution highly-educated foreign nationals make to the U.S. economy and to Texas," said Texas Instruments CEO and President Richard K. Templeton. "The Senator's bill reaffirms America's proud tradition of welcoming top talent to this country. The reality is that most scientists and engineers with advanced degrees from U.S. universities are foreign born. The competition for talent is truly global. If the U.S. wants to win, we absolutely must encourage these advanced degree holders to stay here and get their green cards - not send them home to compete against us. The 'SKIL' bill really advances that goal."
Both the H-1B and EB visa/green card programs have been responsible for bringing much needed foreign talent to live and work in the United States, and most importantly, to make significant contributions to the U.S. economy and global competitiveness. However, H-1B shortages have been well documented, and backlogs in the green card system are getting worse, forcing thousands of valued foreign-born professionals - including researchers, scientists, teachers and engineers - into legal and professional limbo for seven years or more.
Among the provisions of the SKIL Bill (Securing Knowledge Innovation and Leadership) endorsed by Compete America are the following:
Exemptions for U.S. educated foreign workers with advanced degrees in math, science, technology and engineering fields from the H-1B and EB quotas so their talent can be retained in the United States.
Creation of a flexible, market-based H-1B cap so that U.S. employers are not locked out of hiring critical talent.
Extension of foreign students' post curricular optional practical training from 12 months to 24 months to allow them to go more easily from student to green card.
Exemptions for EB/green card immigrant spouses and children from the annual cap, thus making more visas available for the professionals we need.
The SKIL Bill contains many of the provisions for reform of the H-1B visa and EB/green card systems that are present in the two versions of comprehensive immigration reform introduced by Senate Majority Leader Bill Frist (R-TN) and Senate Judiciary Committee Chairman Arlen Specter (R-PA).
"The Senate is ready to address the problem facing U.S. employers of highly educated foreign nationals," said Sandra Boyd, National Association of Manufacturers Human Resources Policy Vice President and Compete America Chair. "It is incomprehensible that Congress would address broad immigration reform without fixing the system that brings legal, highly educated workers to the U.S. We are grateful to Senator Cornyn and the other cosponsors of the SKIL bill as well as those who have supported the inclusion of similar provisions in comprehensive immigration reform."
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reddymjm
02-17 12:29 PM
you just completed your payment.
Your transaction ID for this payment is: 5A429240D924xxxxxx.
Your transaction ID for this payment is: 5A429240D924xxxxxx.
vij
06-15 05:10 PM
Who gets the receipt notices - only atorney or both atorney and employer/employee
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zee2007
09-05 01:04 AM
:confused: ...whats up...saw someone with mid july getting receipts.?????
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prachisahoo
05-09 10:28 PM
Hello Friends
We can not win this battle without attention from visual media like News Channel.
Traditionally we Indians are known to be camera shy silent listeners. But without the news and print media this issue will not catch enough attention from Washington to be debated. So, we have to come out of our shells and share emotional stories over news media. An inexpensive way of doing this without having to travel to any place would be to just switch on our webcam or camcorder and speak. We have to speak about the pains and put it into a story format. The content should highlight on the inefficiencies in the system , the discriminatory policies and loss to America because of the system. We definitely have to raise the following 2 issues
- recapture of lost visas over past years
- Per country visa limit
If we send thousands of these recordings as I-Reports to CNN over 2-3 days period, CNN will definitely do a story on our issue and that will catch public attention. We can decide to remain anonymous when sending the I-Reports too. We can probably do similar stuff with other news media. This will cost us nothing and will create enough news to drag attention.
What's your opinion on this ?
We can not win this battle without attention from visual media like News Channel.
Traditionally we Indians are known to be camera shy silent listeners. But without the news and print media this issue will not catch enough attention from Washington to be debated. So, we have to come out of our shells and share emotional stories over news media. An inexpensive way of doing this without having to travel to any place would be to just switch on our webcam or camcorder and speak. We have to speak about the pains and put it into a story format. The content should highlight on the inefficiencies in the system , the discriminatory policies and loss to America because of the system. We definitely have to raise the following 2 issues
- recapture of lost visas over past years
- Per country visa limit
If we send thousands of these recordings as I-Reports to CNN over 2-3 days period, CNN will definitely do a story on our issue and that will catch public attention. We can decide to remain anonymous when sending the I-Reports too. We can probably do similar stuff with other news media. This will cost us nothing and will create enough news to drag attention.
What's your opinion on this ?
more...
abq_gc
08-18 02:42 PM
SunnySurya,
There is ABSOLUTELY NO QUESTION of contacting state chapter heads. State chapter heads are not your personal lackeys. They are members who receive instructions from the IV core team to take on initiatives.
This is NOT an initiative that the ENTIRE IV community supports and hence will NOT be taken up by state chapter heads. The key here is UNITY UNITY UNITY. You have chosen to break the FIRST CODE of IV ethics and that is UNITY.
Lastly, it is NOT upto YOU to decide what is ethical and unethical. It is upto the CORE team. So please consult with the core team before you make up the rules.
What's yur damn problem if someone wants to fight INJUSTICE ??? If u don't fucking like the idea.. then back off and stop reading this post.... u dont have to lecture anyone on what's ethical and unethical... remember we are all Highly skilled here.... so we can decide that for ourselves...
There is ABSOLUTELY NO QUESTION of contacting state chapter heads. State chapter heads are not your personal lackeys. They are members who receive instructions from the IV core team to take on initiatives.
This is NOT an initiative that the ENTIRE IV community supports and hence will NOT be taken up by state chapter heads. The key here is UNITY UNITY UNITY. You have chosen to break the FIRST CODE of IV ethics and that is UNITY.
Lastly, it is NOT upto YOU to decide what is ethical and unethical. It is upto the CORE team. So please consult with the core team before you make up the rules.
What's yur damn problem if someone wants to fight INJUSTICE ??? If u don't fucking like the idea.. then back off and stop reading this post.... u dont have to lecture anyone on what's ethical and unethical... remember we are all Highly skilled here.... so we can decide that for ourselves...
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snathan
05-01 12:38 PM
gc_on_demand,
Please dont mix priority date with quota.
spouse's priority date will be the same as primary priority date.
We are discussing about quota here.
When you have the PD for primary as 2009 in EB2. He might be getting the GC in 3-4 years. But if you count the spouse in FB it will be another five years. Specially when you count the Spouse agaist the FB it will increase the back log.
So one of the IV agenda is remove counting the spouse/children against the quota. So we dont need to have all this mess.
Please dont mix priority date with quota.
spouse's priority date will be the same as primary priority date.
We are discussing about quota here.
When you have the PD for primary as 2009 in EB2. He might be getting the GC in 3-4 years. But if you count the spouse in FB it will be another five years. Specially when you count the Spouse agaist the FB it will increase the back log.
So one of the IV agenda is remove counting the spouse/children against the quota. So we dont need to have all this mess.
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GCStatus
09-16 04:38 PM
I can pledge around 200-250 for this.
Go IV!!
Do it, Just do it
Go IV!!
Do it, Just do it
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gimmeacard
09-09 08:58 PM
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
Stop it, disgraceful statement, I am a North Indian and can state that the most help i have attained is from our brothers/sisters of South.
attempting to divide india is something Brits used cuz of people like you.
North or South India comes first
Stop it, disgraceful statement, I am a North Indian and can state that the most help i have attained is from our brothers/sisters of South.
attempting to divide india is something Brits used cuz of people like you.
North or South India comes first
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silveroaks
02-13 04:55 PM
I have donated 50$ by check today and will try to make it there.
Question for the organizers: If we just concentrate on the visa recapture bill, is that not a one shot solution for all issues. Because as per a very respected lawyer, that will make all EB categories current and will stay there for at least 2 more years.
Thanks,
Question for the organizers: If we just concentrate on the visa recapture bill, is that not a one shot solution for all issues. Because as per a very respected lawyer, that will make all EB categories current and will stay there for at least 2 more years.
Thanks,
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nousername
01-29 08:39 PM
You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
more...
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dtekkedil
07-10 09:31 AM
maybe we can do web fax ,. so members can fax these information as well, and the media knows they need this .. can this be done?
I think it may be too late to fax now. It is already 10 Am EDT.
Lets us hope our emails got everyone's attention! The next thing is to get people at DC to actually go to the USCIS building.
I think it may be too late to fax now. It is already 10 Am EDT.
Lets us hope our emails got everyone's attention! The next thing is to get people at DC to actually go to the USCIS building.
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caydee
05-23 07:23 PM
Go ahead and send them as well, after you are done sending the first 2 (your state) and the 10 other priority senators.
I have sent to my state senators + 10 senators IV identified. I have also sent an email to the ND senator after he voiced his support for our cause on the senate floor today. I now plan to write to all 2008 presidential candidates. Most importantly I am going to write to Governor Arnold Schwarzenegger, as he has always been a champion of business and immigrant communities.
I have sent to my state senators + 10 senators IV identified. I have also sent an email to the ND senator after he voiced his support for our cause on the senate floor today. I now plan to write to all 2008 presidential candidates. Most importantly I am going to write to Governor Arnold Schwarzenegger, as he has always been a champion of business and immigrant communities.
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TomPlate
11-30 09:24 PM
Dear Friend,
Trust in God and I will keep you in my prayers every day. After full recovery please do mail us.
Trust in God and I will keep you in my prayers every day. After full recovery please do mail us.
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arunmohan
05-08 03:26 PM
Please some one has take a lead. I know a very good attorney i.e. Visanow.com. We should try to contact them and find out what are possibility we have to remove the country cap.
some of EB3 folks formed a group to fight for this but EB2 did not participate because they were thinking that they will get their GC sooner or later.
This is a time to fight together.
some of EB3 folks formed a group to fight for this but EB2 did not participate because they were thinking that they will get their GC sooner or later.
This is a time to fight together.
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va_dude
06-26 09:43 AM
The way i understand this, not all companies are bound by the EOE laws.
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
unitednations
03-08 10:07 PM
This is what puzzles me, on one hand you tell us 'You couldn't even begin to imagine how many cases like this there are'....
Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????
On other hand
Let me give you a story:
On one of my teams; there was a super star supervisor. He was accused of having inappropriate e-mails.
HR wanted him fired and opened up a big investigation. His manager comes to me and tells me that we have to do everything possible to save him as he is a very key person and irreplaceable.
I went upto HR with my boss to tell them that this particular person could not be fired under any circumstance and that we should let this indiscretion go.
They should be and my boss the e-mails. The e-mails basically were so male chaveunistic and racist. I probably had sent these types of funny jokes in my career and so had my boss and probably so have all of us. We didn't think it was a big deal when taken in context but we had to risk our own credibility and fight with HR to save him. In the process of doing so; we would have lost our credibility with the evidence against him. Even if we fought it; we would have still lost but it would have stained our reputation with HR area by trying to fight for this guy.
Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.
Take my example of adopting newphew. As I said this isn't the only case; when they start seeing that number of people from India is due to many causes (arranged marriage and adding dependents always from India after they arrive here; staffing companies, h-1b violations, etc, etc.,); the circumstances are not on your side. This is the fourth recession I am living through in this country. In just about each one; immigrants bore a dispropritanate share of blame for the countries ills.
Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????
On other hand
Let me give you a story:
On one of my teams; there was a super star supervisor. He was accused of having inappropriate e-mails.
HR wanted him fired and opened up a big investigation. His manager comes to me and tells me that we have to do everything possible to save him as he is a very key person and irreplaceable.
I went upto HR with my boss to tell them that this particular person could not be fired under any circumstance and that we should let this indiscretion go.
They should be and my boss the e-mails. The e-mails basically were so male chaveunistic and racist. I probably had sent these types of funny jokes in my career and so had my boss and probably so have all of us. We didn't think it was a big deal when taken in context but we had to risk our own credibility and fight with HR to save him. In the process of doing so; we would have lost our credibility with the evidence against him. Even if we fought it; we would have still lost but it would have stained our reputation with HR area by trying to fight for this guy.
Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.
Take my example of adopting newphew. As I said this isn't the only case; when they start seeing that number of people from India is due to many causes (arranged marriage and adding dependents always from India after they arrive here; staffing companies, h-1b violations, etc, etc.,); the circumstances are not on your side. This is the fourth recession I am living through in this country. In just about each one; immigrants bore a dispropritanate share of blame for the countries ills.
abq_gc
08-18 03:29 PM
Abq_gc,
I agree with you on the fact that this is extremely frustrating. Believe me I can feel your pain. However all I am saying is, put your faith in the IV core for a more long term solution, where ALL EB categories benefit. This is a **NOT** a quick strike mission as we have seen for the past 4 years or more. The system is HORRIBLY broken. You cant try and put a bandaid on a foot long laceration. I am sure the idea of a quick fix appeals to a lot of people and I dont blame them either. Everyone on here wants to get their GC and get this mess over with.
I have full faith in the IV core and I know they are working on it as we speak... but Eb3_Nepa we cannot let our guard down against USCIS and I know very well that this is a long term mission.. but we can still do some quick strikes and weaken the enemy before the kill... or would u rather just wait another 3-4 years before the final kill ??
( playing too much of the RTS games because of the apparent frustration ..)
Anyways.. I am with the core and will always support whatever they do, because it will be good for the community as a whole.
All I am suggesting is to be on their heels.. just like my #$%^&* manager.. to get the work done
I agree with you on the fact that this is extremely frustrating. Believe me I can feel your pain. However all I am saying is, put your faith in the IV core for a more long term solution, where ALL EB categories benefit. This is a **NOT** a quick strike mission as we have seen for the past 4 years or more. The system is HORRIBLY broken. You cant try and put a bandaid on a foot long laceration. I am sure the idea of a quick fix appeals to a lot of people and I dont blame them either. Everyone on here wants to get their GC and get this mess over with.
I have full faith in the IV core and I know they are working on it as we speak... but Eb3_Nepa we cannot let our guard down against USCIS and I know very well that this is a long term mission.. but we can still do some quick strikes and weaken the enemy before the kill... or would u rather just wait another 3-4 years before the final kill ??
( playing too much of the RTS games because of the apparent frustration ..)
Anyways.. I am with the core and will always support whatever they do, because it will be good for the community as a whole.
All I am suggesting is to be on their heels.. just like my #$%^&* manager.. to get the work done
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