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  • file485
    07-09 12:02 PM
    You can enter USA on a different companies h-1b visa then the h-1b you are currently working for.

    However; the mistake people make is that at the port of entry; they give their h-1b documents and POE officer only looks at the companies name on the visa. They then issue the I-94 card in that companies name with the validity of the visa. This is something that happens frequently.

    Person has been admitted on company a's h-1b but they are going to work for company b. They are not watching because company b's h-1b notice of action expires later but port of entry officer gave i-94 card with incorrect company and incorrect validity date. If person overstays the incorrect validity date on the I-94 card then they would be considered to be staying unlawfully.

    The problem is that there is some guidance from the office of business liaisons which says that if a person has multiple h-1b approvals (notice of actions has I-94 cards attached with it), then they can work with all of them but just not at the same time. That is person can transfer from company a to b to c and if they wish they can go back to company a without filing for change of employer. However; it gets very murky when person leaves and re-enters and enters on wrong company h-1b with incorrect validity dates.


    thanks for the clarification on this..

    but when we re-entered the US, the i94 just mentioned 'on H1 status ..until..xx/xx date'..same way for H4-i94 card mentioned 'on H4 status ..until xx/xx date'..

    we dint show any INS papers..except for the passport

    In our case,when my daughter came to US in May 2003, we had the i94 original(which we didn't keep the photocopy for our records),filed for her H4 etxn,went to Toronto for H1/H4 stamping,in 2 months when we went for vacation to India, gave away that i94 card at the airport while exiting and re-entered with a new i94.

    I can still see that i94 card lingering in front of my eyes..for which I dint keep a photocopy..





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  • SunnySurya
    08-05 03:57 PM
    You have rekindled my interest. I am not a lawyer but have been in a job that required reading contracts and legal matters. Your points made me think that we may have some case here. So if you are intersted we could take some legal opinion. If four or five people can join then we can share the cost for the initial consultation.

    Of course porting is derived from law!
    As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.





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  • delax
    07-14 03:28 PM
    I hope not. We dont seem to be open to another point of view. All of a sudden when the shoe is now on the other foot there is a lot of heart burn. Look up the March 2008 visa bulletin.

    EB2 ROW was Current
    EB3 ROW was Jan 1, 2005
    and EB2-India was a big U

    Effectively EB3ROW got preference over EB2-I which was a mistake to negate the category preference. This has been corrected now and I welcome the change.
    Where was all this heart burn at that time. All of a sudden when EB2-I moves ahead I hear voices of 'injustice', fair play and demands for visa number handovers. Sorry aint gonna happen.





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  • spbpsg
    03-24 12:54 PM
    my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard.

    I bought house while I was on H1 itself. After living here for 7 years I realized that I should have done this much earlier. In last seven years I have paid 100K in rent which will never come back to me and also compromised on living space. After few years from now I don't want to repent again for not buying a house, so bought it with 20% down to keep my monthly payments less.

    I am happy now and as far as job is concerned with EAD we should not have that much problem. Anyway it will take many years to get GC until then enjoy the house, meanwhile house market value will be appreciated in case GC is denied or you want to move back.



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  • centaur
    02-25 05:25 PM
    Is this book available? maybe we can get a bunch of copies and send to some editors, John Stewart/Stephen Colbert and some legislators.

    If the author is approachable, maybe an interview with him and some TV personality could be tried.

    Indian techie slams CNN Lou Dobbs (http://www.indiadaily.com/editorial/10-28a-04.asp)!, N. Sivakumar, October 28, 2004

    In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.

    "Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"

    The author writes.

    "The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.

    The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.

    The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.





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  • Macaca
    12-21 10:53 AM
    Bush boxed in his congressional foes (http://www.latimes.com/news/printedition/front/la-na-congress21dec21,1,2311328.story) Democrats took the Hill but were stymied by a steadfast president By Janet Hook | LA Times, Dec 21, 2007

    WASHINGTON � Just over a year ago, a chastened President Bush acknowledged that his party had taken a "thumping" in the congressional elections, and he greeted the new Democratic majority at the weakest point of his presidency.

    But since then, Democrats in Congress have taken a thumping of their own as Bush has curbed their budget demands, blocked a cherished children's health initiative, stalled the drive to withdraw troops from Iraq and stymied all efforts to raise taxes.

    Rather than turn tail for his last two years in the White House, Bush has used every remaining weapon in his depleted arsenal -- the veto, executive orders, the loyalty of Republicans in Congress -- to keep Democrats from getting their way.He has struck a combative pose, dashing hopes that he would be more accommodating in the wake of his party's drubbing in the 2006 midterm voting.

    Bush's own second-term domestic agenda is a shambles: His ambitions to overhaul Social Security and immigration law are dead; plans to update his signature education program have foundered; few other initiatives are waiting in the wings.

    But on a host of foreign and domestic policy issues, backed by a remarkably disciplined Republican Party in the House and Senate, Bush has been able to confound Democrats. It has been a source of great frustration to the party that came to power with sky-high expectations and the belief it had a mandate for change. And it is a vivid reminder of how much clout even a weakened president can have -- especially one as single-minded as Bush.

    "We have custody of Congress, but we don't have control," said Rep. Howard L. Berman (D-Valley Village). "Bush has shown, time and again, that he's a very stubborn guy. November 2006 didn't change that."

    Many Republicans have been surprised and impressed with Bush's continuing power -- even when he has used it to ends they disagreed with.

    "At the beginning of the year, most of us viewed the president as having less control over the process than ever," said Rep. Michael N. Castle (R-Del.), a moderate who voted against Bush on healthcare, the budget and other issues. "But this year, he realized more goals than in a lot of the years when he had Republicans controlling Congress."

    At a news conference Thursday after Congress adjourned for the year, Bush had kind words for much of Congress' work and did not gloat over his success in keeping Democrats' ambitions in check.

    "What ended up happening was good for the country," he said.

    Democrats blamed this year's congressional gridlock on Bush, but his inflexibility on key issues was just one factor.

    Republican lawmakers showed scant interest in compromise. Democrats were riven by internal divisions. And Bush did little to unite rather than divide the factions on Capitol Hill. He did not much resemble the kind of politician he was as governor of Texas, when he forged a strong relationship with the Democratic lieutenant governor.

    Immediately after the 2006 election, it looked as if Bush might offer Democrats an olive branch and set a more bipartisan tone. He let go controversial Defense Secretary Donald H. Rumsfeld. He called incoming House Speaker Nancy Pelosi (D-San Francisco) at home on Christmas. After years of ignoring congressional Democrats, he began inviting them by the dozen to the White House to hear them out.

    But the honeymoon did not last long. Democrats were furious when, after an election they believed was a mandate to withdraw U.S. troops from Iraq, Bush in January announced a buildup. A few weeks later, he went around Congress and issued an executive order giving the White House greater control over the rules and policies issued by regulatory agencies. White House meetings with Democrats turned partisan -- and then petered out. Bush repeatedly reached for the bluntest of presidential tools -- the veto.

    His first veto this year nixed a war spending bill that included a timetable for withdrawing from Iraq. Democrats' promise to press the issue all year lost steam after testimony in September from the top commander in Iraq, Army Gen. David H. Petraeus, instilled confidence in Republicans whose commitment to the war had grown shaky. Without more GOP defections, Democrats in the Senate were powerless to undercut Bush's war policy.

    Bush also wielded his veto power to great effect on domestic issues.

    He blocked Democratic efforts to expand stem cell research, a popular bill that had broad bipartisan support. The failed effort to override that veto provided a window onto a dynamic that was key to Bush's source of strength throughout the year: Many moderate Republicans parted ways with the president on the stem cell override vote -- as they later did on his veto of the children's health bill -- but there were enough conservatives who agreed with him to sustain his vetoes.

    Bush issued a barrage of veto threats to curb Democrats' domestic spending plans -- an effort that helped him regain some favor among fiscal conservatives who had lambasted him for allowing the Republican-controlled Congress to jack up spending to record levels.

    "Fiscal conservatives can see the president getting stronger on spending this year than in the previous six years," said Brian Riedl, a budget expert at the Heritage Foundation.

    Democrats had wanted to add $22 billion to Bush's funding request. But he drew a line in the sand and guarded it for months. He vetoed a bill packed with spending for education, health and other popular programs. The final budget approved this week adhered to his overall spending limit -- and dropped riders on abortion and other issues he objected to. And it included the money for the Iraq war with no strings attached.

    Bush also held the line against Democrats' efforts to raise taxes, which they proposed to offset the costs of new health spending, energy programs and a middle-class tax break. Faced with Bush's veto, Democrats could not enact taxes on such inviting targets as cigarettes, wealthy hedge-fund managers and big oil companies.

    Bush's Republican allies were almost giddy with their unexpected success.

    "Who would have thought a year ago that Democrats would have come down to the president's budget number, that we would be ending the year by funding the troops in Iraq and Afghanistan, and that we could complete the year without raising taxes on the American people?" said Senate Minority Leader Mitch McConnell (R-Ky.). "And all despite having a Democrat majority in Congress."

    Heading into the 2008 elections, Democrats will have to keep their supporters from becoming demoralized over not being able to deliver more with their majority.

    "It's hard for them to understand, and it's even harder for us to live with," said Senate Majority Whip Richard J. Durbin (D-Ill.).

    But Democrats are trying to turn their tribulations into a campaign issue by telling voters that the party will not really have a working majority until they expand their Senate caucus from the current 51 to 60 -- the number they need to block GOP filibusters and other stalling tactics.

    The tag line on a fundraising pitch by the Democratic Senatorial Campaign Committee: "51 seats is not enough. Help us turn our country around."

    Acknowledging that GOP victories this year consisted simply of blocking Democrats, some Republicans say they will have to develop a more positive agenda to build a successful political brand. Said Rep. Fred Upton (R-Mich.), "The product we're selling is negative."



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  • sanju
    12-17 03:08 PM
    This is exactly I hate. To divert focus of terrorism to Hindu group, Muslim leader comes out - WOW!

    Sounds like LeT informed Hindu group in advance that they are going to attack so as a by-product they can kill Karkare. Ha ha ha.

    Times Of India Headline: Antulay raises doubts over Karkare's killing

    Marphad,

    In the recent past, I expressed my views about the same subject on this forum. I was very angry with what happened in Mumbai. The desire to fix the wrong has not faded, but now that I look back, I regret some of the things I said at that time. My comments did not do any good and some of the coments offend few others on this forum. Those who felt offended by my comments are just as entitled to these forums as I am. I am not trying to be politically correct, just trying to say that it doesn't serves any purpose to discuss this issue on IV fourms.

    Branding all people from a specific faith doesn't help in anyways. For too long men have fought because of religion and each such time was avoidable.

    I do have a suggestion. To get some perspective, I suggest you watch the bollywood movie "New York", although I am not a big fan of bollywood movies.

    Peace.


    .





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  • GCmuddu_H1BVaddu
    01-01 04:06 PM
    Well, if one provinance is joined hands with the theives then the police from second provinance should kick the other provinance's theives and police (as*).And yes a possible revilary between two provinances.


    Suppose there are theives from Bihar that come and rob you in West Bengal.
    You can either send your West Bengal police into Bihar, and turn it into a rivalry between two police departments. And a rivalry between two provinces.
    Or you have the two police departments work together to reduce crime rate in the future.



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  • alisa
    01-06 11:58 PM
    For all who think "Fatah" is more moderate than Hamas, heres a part of the constitution of Fatah:

    Goals

    Article (12) Complete liberation of Palestine, and eradication of Zionist economic, political, military and cultural existence.


    Article (13) Establishing an independent democratic state with complete sovereignty on all Palestinian lands, and Jerusalem is its capital city, and protecting the citizens' legal and equal rights without any racial or religious discrimination.

    "Eradication" of the Jewish state., their culture and there economy. Heres a movement which has "Genocide" as its constituional goal. How the hell do you negotiate with such people? Israel needs to be supported in its noble actions of self defense againt such fanatics.

    Good point.
    There should just be a greater and proper Israel, with Gaza and West Bank as parts of Israel. And all people living there should be citizens of Israel.
    Problem solved. No need to destroy anything or anyone.





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  • hpandey
    06-26 03:41 PM
    There is a myth with deduction:

    Deduction is not same as TAX credit. When you get a tax credit of $3000 . you save $3000, but when you get $3000 tax deduction, you only save $3000 * .28 or .33 whatever is your highest tax bracket. For most married couples it should be either 28% or 33% of their income. Hence you only save 28% of the interest + taxes. It can help further reduce your tax bracket if you have educational loan or charity contributions etc by bringing your taxable income down. Further reduction in tax bracket can help you qualify for additional deductions.

    However, if I am paying $1000 as interest, then I am only saving $310 or $280 in deudctions, but I am still left to pay $690 as interest.

    ValidIV, is stressing on 30 yrs of home ownership, however, what we are saying is prices may go down 20% further. If that happens, then you are losing your downpayment and it may take years for your home value return to what you paid with interest.

    If you buy a house $550K, over 30 years you end up paying more than 600K in interest only. Forget about taxes or HOA fees. Calculate the tax deductions and let me know how much sense did it make to pay that amount if the value of house further depreciates 20% in next 2 years Vs. waiting for 2 years, having 1-2% rate increase, going in with double down payment and flat house price or 1-2% increase.

    Again where are you getting that 550K value for a house from . The houses that were 500K two years back are now 400 - 450K ( exclude the extremes ). Why the HOA - can't the house be a single family home like most of US .

    Taxes - well I was not saying you get the whole money back but are taxes the only reason one should not buy a house ?

    Housing price correction has already happened in most of the good areas. If you think that they are going to go down 20% more that is never going to happen. People are not going to sell. They will just say put rather than take a 40% loss.



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  • puddonhead
    06-05 01:32 PM
    >> First off, a house is really both an investment and a home.

    If you look at the historical rate of appreciation vs. the risks involved - I think you will come to the same conclusion as I did - that it is a lousy investment in mature markets like US.

    The scenario is different in India. I believe (based on my assumptions and calculations) that the risk/reward ratio is much more favourable there.

    The intangible value of a "home" is the only reason I will ever "buy" a house here - because it is a lousy investment. For me - that tipping point is when I can afford a starter home for cash (it is a differnet topic that I will take a mortgage even then. If there is any problem with the title - the mortgage company is there to fight for me - so it acts as a second layer of insurance). It should not be as far off as you think if you are ready to settle for a small starter home AND actively invest (rather than spend) the principal payment you would have paid towards your mortgage every month.





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  • unitednations
    03-25 04:05 AM
    As a matter of fact, any one if trained properly can do any job..
    So the requirement of basic education can be challenged for any position.. But Can CIS get in the way of running business decisions?? If any company (including consulting) wants to hire staff, shouldn't they have a say in who should be in their office?? If a staffing company policy is to only hire Post graduates, can CIS stop them? Isn't this too much intervention by government?

    Another point is Why this intepretation is different for non-consulting companies? If Cisco can mandate an FTE on H1B to be Masters, how come a consultant working for same Cisco need to prove that the position requires Masters?? What they are doing is wrong.. If some litigation lawyer can find a racially motivated pattern, they will be in big trouble.. Just my thoughts...

    That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.

    USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.

    Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.



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  • dealsnet
    03-25 08:11 AM
    I have brought a house 4 years back after 2 years in this country. It is $500K house. Forgot about your status, if you have a stable job. If husband and wife working, defenitly go for it. Shop around and find a good home. It is an investment. You can claim much for tax return. My I-485 pending. PD 2004 Jan. Eb2 -India.





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  • abcdgc
    12-27 12:27 AM
    So what in your opinion is the reason for the state and the government of Pakistan to provoke India, with the risk of starting a war with India that Pakistan cannot win, at a time when the economy is in a very very bad shape and there are multiple insurgencies and regular suicide attacks within Pakistan?

    You are from Pakistan, you tell why you are doing this. Why are you asking us to explain your actions?



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  • BumbleBee
    03-24 02:41 PM
    Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

    I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

    You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
    I am telling you the same thing I told the other guy .... you don't need to give me justifications.

    Just hope that USCIS will buy your story!

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bac7d92e8003f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    Q : What is an H-1B?

    The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.

    As per USCIS, H1B is for temporary job





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  • unitednations
    07-17 12:08 PM
    UN..

    from your experience...

    I would like to file for my GC filed thru my ex-employer in 2003, i140 also is approved and hoping the dates might be current in October.

    I know it is safest route to join the ex-employer before filing 485,but I am not sure if he has a project around that time for me. The HR is always ready to give the required employment letter to hire me as a full time employee once I get my permanent residence card.

    Now, my question is it safe to take this route, cos once we get the EAD and advance parole we will start using them with the spouse starting to work(so no more H4 status etc)..or any hitches as to during the interview will we have a hard time as to why I was not employed during 485 stage etc..

    All the cases I see is people r filing 485 working with the current employer and plan to change jobs after 6 months..but my case is different..

    Have you seen/known anyone getting GC without working for the sponsoring employer during time time of filing 485..?

    I am of the opinion that one should stay on h-1b as long as possible. As you can see a lot of people have started to go through their status issues. If one starts using EAD and employer revokes 140 then you will be in big problems.

    Yes; I do know people who got greencard based on future base employment. Before Jan., 2005 it was an automatic interview if a person wasn't working with the petitioning employer when they filed the 485. However; now it doesn't cause an automatic interview.

    When USCIS asks for tax returns/w2's in their RFE; they are checking whether you maintained status and also whether it is reasonable that you will be taking the job. That is; if you are currently employed with company a and your w2 is $120,000 but you are getting greencard through company b and the offered wage is $80,000 then uscis will question your intention.



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  • alisa
    04-07 01:23 PM
    Can there be a differentiation between extensions/renewals/company changes and new H1bs?

    In some sense there already is, since the former are not subject to cap, while the latter are.

    So, why not extend the same argument to other situations?
    Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.

    That way, they don't get rid of existing H1B employees.
    They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.

    You hit the nail in the head.

    Instead of getting rid of all H1B employees in one full swoop, this lobby wants to put law in place where new H1s will be mostly rejected due the "Consulting clause" and existing H1 employees will be hit in the head with a 2 X 4 when renewing H1, since the scrutiny and paperwork is the same for new H1, H1 extensions and H1 transfers. Same LCA filing, same I-129 forms.

    So instead of immediate purge, this is like getting rid of 5 to 10 thousand each month by making extensions and renewals and transfer impossible for those doing the consulting.

    Like the admin said, this is the slow bleed of H1B program where death is slow but not obvious and easily detectable.





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  • Ahimsa
    02-25 06:34 PM
    Of late, people started giving 5 star rating for Lou on RateItAll.
    Please go to this site and rate him as you like.
    http://www.rateitall.com/i-29533-lou-dobbs.aspx
    I gave him a lowest single-star rating (terrible)





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  • GCmuddu_H1BVaddu
    01-03 10:36 PM
    Tell us how the world should understand this attack on Mumbai, Genius.

    What is your experience with secret service and snipers? You seem to be so sure about that let's see your expertise on that.

    Regarding, that was not a war against terrorist in the beginning. Now it is.

    Pakistanis are good people too. Do not take an isolated attack in India conducted by terrorists as a generic approach please.





    langagadu
    12-26 11:25 PM
    Why don't you suggest the appropriate forum. Tired of hearing this 'this forum is only for immigration matters'. Agree why don't you be a COP for all other threads started not related with immigration.Put some ice on your head.

    Peace


    I suggest that you provide your opinion on some other forum. This forum is only for Immigration matters. Learn to use it appropriately.

    Thanks,





    bfadlia
    01-08 11:04 AM
    If you don't got the greencard, good luck for that. Please don't discuss any religious things here. It make others furious. Concentrate on your carrer and family. Belief in God is enough. Religion will give misery only. Man made the religion. God didn't created it.

    i'm really confused, my posts asked people not to let religion interfere with a political issue, you responded educating us on the salvation and trinity and disproving Mohamed's message.. which one of us was discussing religion..
    And still how does this justify you being racist to egyptians?!



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