jayleno
07-26 12:36 AM
Buddy if you are looking for some sympathy for your situation....none from me. Dont blame me for my unnecessary post...I will not blame you for the unnecessary thread. We will call it even :). Just relax my friend.
Sharing my bookmark with you...may help with your situation.
http://www.thirdage.com/healthgate/files/78992.html
I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.
Sharing my bookmark with you...may help with your situation.
http://www.thirdage.com/healthgate/files/78992.html
I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.
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kosars
08-13 10:47 PM
no i will wait for the receipt
wrldnw4me
04-03 10:42 AM
Good Job
Thanks for Your efforts
Thanks for Your efforts
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snathan
07-06 11:10 AM
^^^^^^^^^^^^^
more...
USDream2Dust
04-08 02:38 PM
www.uscis.gov
Everything filled up including masters degree H1 quota. All in all a big lotto.
Everything filled up including masters degree H1 quota. All in all a big lotto.
shree772000
10-26 08:15 PM
Maybe your I140 was withdrawn by the company A.
more...
Immi_Chant
07-23 10:08 PM
Both were EB2 from the same company. PD on one was Oct/2006 and the other was Feb/2002.
Sanbaj,
Congrats for the GC !!!
You mentioned that both of your cases are under EB2, correct? Normally people will do interfile (PD Amendment) from one category to another, like EB3 to EB2.
Can you please share why you ported in the same category? Or because of some other reason?
-Immi_Chant
Sanbaj,
Congrats for the GC !!!
You mentioned that both of your cases are under EB2, correct? Normally people will do interfile (PD Amendment) from one category to another, like EB3 to EB2.
Can you please share why you ported in the same category? Or because of some other reason?
-Immi_Chant
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singhsa3
02-12 12:11 PM
Unfortunately, this will require change in Law and is not an Admin Fix
I request everybody to add one line in the letter for Consular processing filers as they should be allowed to get AC21 and EAD facilities now. This law came earlier only for 485 filers because CP process was fast but now due to retrogession all CP filers are waiting for Years and in the worst sitauation as 485 filers are enjoying their freedom with AC21 and EAD
Immmigration Voice I'll appreciate if you could add this agenda in you campaign letter.
Thanks
I request everybody to add one line in the letter for Consular processing filers as they should be allowed to get AC21 and EAD facilities now. This law came earlier only for 485 filers because CP process was fast but now due to retrogession all CP filers are waiting for Years and in the worst sitauation as 485 filers are enjoying their freedom with AC21 and EAD
Immmigration Voice I'll appreciate if you could add this agenda in you campaign letter.
Thanks
more...
anilsal
11-16 10:48 PM
I am planning to move India permanently this year end,
What is the procedure to file Tax from India? Please give your suggestion as I do not want to live any more. Please give your valueable input. I do not know how to start new thread in this forum.
Krishna, Can you say "not live *here* anymore" and not "live anymore"?
There is the thread on 401K which is quite useful.
Understand the frustration. There is no FIFO concept in immigration in the US. If you have been here for 8 years,10 years or 15 years, u may not have got a GC but chances are that there are large number of immigrants with less than a year in the US, close to getting GC. Nothing is fair in love,war and GC. :cool:
Have you looked at Canada? Anyway, Home is the best!
What is the procedure to file Tax from India? Please give your suggestion as I do not want to live any more. Please give your valueable input. I do not know how to start new thread in this forum.
Krishna, Can you say "not live *here* anymore" and not "live anymore"?
There is the thread on 401K which is quite useful.
Understand the frustration. There is no FIFO concept in immigration in the US. If you have been here for 8 years,10 years or 15 years, u may not have got a GC but chances are that there are large number of immigrants with less than a year in the US, close to getting GC. Nothing is fair in love,war and GC. :cool:
Have you looked at Canada? Anyway, Home is the best!
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hopefulgc
06-02 09:23 AM
Most status related issues are wiped off after a travel outside US.
What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.
I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.
I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
more...
ss_79
06-17 09:22 PM
Below are some links for those who are looking for visa stamping related 'disaster' stories.... I think this is a lost cause since the DOS/DHS really does not care...justice and fairness is probably not in their dictionary.
http://immigrationvoice.org/forum/showthread.php?t=18760
http://immigrationvoice.org/forum/showthread.php?t=19066
http://immigrationvoice.org/forum/showthread.php?p=270800#post270800
http://murthyforum.atinfopop.com/4/OpenTopic?q=Y&a=tpc&s=1024039761&f=4724019812&m=772108581&p=57
http://www.facebook.com/group.php?gid=50933335266
http://spreadsheets.google.com/pub?key=pd-XmqrjF_Zob58NgG0GjWg&output=html
http://immigrationvoice.org/forum/showthread.php?t=18760
http://immigrationvoice.org/forum/showthread.php?t=19066
http://immigrationvoice.org/forum/showthread.php?p=270800#post270800
http://murthyforum.atinfopop.com/4/OpenTopic?q=Y&a=tpc&s=1024039761&f=4724019812&m=772108581&p=57
http://www.facebook.com/group.php?gid=50933335266
http://spreadsheets.google.com/pub?key=pd-XmqrjF_Zob58NgG0GjWg&output=html
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eb3_nepa
11-08 04:26 PM
EAD, AP & FP notice are sent directly to the applicant. If you see the status of AP as document mailed then you should get within 2/3 days as they send by DHL. I got mine in 2 days, my wife also got in 2 days
AP is sent to the lawyer if you filed the G328
AP is sent to the lawyer if you filed the G328
more...
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apahilaj
11-27 07:15 PM
Hi All FP seekers! I do not know what exactly I am missing if there is a delay in FP. It looks like hundreds of IV members are too much worried because of the 'delay' in FP. Let me worry too (by knowing the big problem!). Can any worriers explain??
On the other hand is it not better to have a late FP, so that you need not go again in the next 15 months! Anyway for most people GC is going to take years!
It's the uncertainty of the entire process that kills us...Have seen couple of users whose cases have been erroneoulsy denied since they did not went for their biometrics. Guess what, these users never received any FP notice from USCIS. I tend to partially agree with you; if the PD is no where close to being current, why worry about FP now - it's their responsibility to get us finger printed. But on the other hand, I do not want my case to be erroneously denied because of an error in their processing...
This is just my personal opinion. I am not loosing my sleep over this any more.
On the other hand is it not better to have a late FP, so that you need not go again in the next 15 months! Anyway for most people GC is going to take years!
It's the uncertainty of the entire process that kills us...Have seen couple of users whose cases have been erroneoulsy denied since they did not went for their biometrics. Guess what, these users never received any FP notice from USCIS. I tend to partially agree with you; if the PD is no where close to being current, why worry about FP now - it's their responsibility to get us finger printed. But on the other hand, I do not want my case to be erroneously denied because of an error in their processing...
This is just my personal opinion. I am not loosing my sleep over this any more.
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abhijitp
08-15 01:19 AM
Thanks heywhat and abhijitp
I will re-file it tommorrow.
And thank God you found IV:)
But more important... PLEASE contribute in $$, flyers, videos, buy merchandise etc etc!
I will re-file it tommorrow.
And thank God you found IV:)
But more important... PLEASE contribute in $$, flyers, videos, buy merchandise etc etc!
more...
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tonyHK12
11-11 06:10 PM
Thank YOU!!
Dude, I have been sparring with Pappu and Starsun for quite some time now. IV needs to be a "Paying Members Only" organisation.
Per some statistics regularly floating around here, IV has 40,000 odd members. A membership fee as small as $1/month!! ($12/year), will INSURE a steady flow of funds, that will make a HUGE difference.
Even if 20,000 of that 40,000 run away due to the $12.00/yr subscription requirement, that still leaves IV with almost a QUARTER million dollars worth of cash at hand, .
thats a good idea, and at the same time we also need to show our numbers.
I would say, lets make this a $5 monthly membership org. IV can help you much more than your Immigration attorney can.
I'm not aware of any one else who directly deals with USCIS and with chambers of govt.
Yes focus is needed right now, since after 4 years CIR is off the table and its time for piece meal bills which need renewed campaigning
Many are a bit selfish just concerned with their particular case and want a quick answer, but don't want to help the high skilled community as a whole.
you can click on member list and just on top the current count is 45,676
Dude, I have been sparring with Pappu and Starsun for quite some time now. IV needs to be a "Paying Members Only" organisation.
Per some statistics regularly floating around here, IV has 40,000 odd members. A membership fee as small as $1/month!! ($12/year), will INSURE a steady flow of funds, that will make a HUGE difference.
Even if 20,000 of that 40,000 run away due to the $12.00/yr subscription requirement, that still leaves IV with almost a QUARTER million dollars worth of cash at hand, .
thats a good idea, and at the same time we also need to show our numbers.
I would say, lets make this a $5 monthly membership org. IV can help you much more than your Immigration attorney can.
I'm not aware of any one else who directly deals with USCIS and with chambers of govt.
Yes focus is needed right now, since after 4 years CIR is off the table and its time for piece meal bills which need renewed campaigning
Many are a bit selfish just concerned with their particular case and want a quick answer, but don't want to help the high skilled community as a whole.
you can click on member list and just on top the current count is 45,676
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zen
03-26 10:11 PM
In Florida, one has to show an EVL before they give the one year "temporary" license. I wonder what happens when your H-1B expires and your renewed H-1B has not arrived, sit at home:confused:
In one word - YES !!! the DL office in georgia would not renew my license even 1 day early ..my old EAD was expiring in 6 days and I had my new EAD in hand. went to DL office and asked them to renew ..they said come when old license expires ,,I said I would need to take a holiday just for renewal - they said - not our problem.
I said - I would be driving on expired license when I come to DL office ..they said talk to immigration ..I said do you know legal immi and USCIS is broken :)
I told my manager ...these guys cannot even add 2 plus 2 ...(old ead expiring on 5th and new one starting from 6th )
In one word - YES !!! the DL office in georgia would not renew my license even 1 day early ..my old EAD was expiring in 6 days and I had my new EAD in hand. went to DL office and asked them to renew ..they said come when old license expires ,,I said I would need to take a holiday just for renewal - they said - not our problem.
I said - I would be driving on expired license when I come to DL office ..they said talk to immigration ..I said do you know legal immi and USCIS is broken :)
I told my manager ...these guys cannot even add 2 plus 2 ...(old ead expiring on 5th and new one starting from 6th )
more...
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yabadaba
12-13 03:36 PM
What he/she is doing is legal. Unless this offer involved payment for labor substituion, in which case its illegal. But good luck trying to prove it. Ever heard of wage kickbacks?
I understand your anger but NO ONE can stop this since its totally legal and if there is a financial transaction, no one will be able to prove it.
logiclife - on this forum we have heard of members that work for companies who have used ONE approved labor multiple times by invoking AC21 once the beneficiary has completed 6 months. This is equivalent to fraud.
One job-one labor-one gc
I understand your anger but NO ONE can stop this since its totally legal and if there is a financial transaction, no one will be able to prove it.
logiclife - on this forum we have heard of members that work for companies who have used ONE approved labor multiple times by invoking AC21 once the beneficiary has completed 6 months. This is equivalent to fraud.
One job-one labor-one gc
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bkarnik
04-12 11:27 AM
The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
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xyz
07-13 08:16 PM
Yes, DREAM Act should not discriminate documented children against the undocumented ones. IV should support amending the DREAM act to include documented children too, since IV is fighting for the issues of legals, law-abiding people like us.
irock
08-07 11:04 PM
It is not good idea. In DS-156 you need to specify whether you are married or not. And also you need to specify if spouse/brother/sister.. is there is US.
Congrats suresh..it's good to see Dec 05 getting approved..best option would be to get your wife here on F1..Some of the schools required only TOEFL ..after coming to US get married again in US and apply for 485..if she is currently working in india..u can try L1 too....ofcourse for H-1B u need to wait for one more year..i don't think US embassy in Chennai will get to know u got married unless she tells them..there is no fraud or anything in this..i believe it's like..don't ask, don't say..ur not cheating anyone..trying to find a small loop hole for a very good reason..
Congrats suresh..it's good to see Dec 05 getting approved..best option would be to get your wife here on F1..Some of the schools required only TOEFL ..after coming to US get married again in US and apply for 485..if she is currently working in india..u can try L1 too....ofcourse for H-1B u need to wait for one more year..i don't think US embassy in Chennai will get to know u got married unless she tells them..there is no fraud or anything in this..i believe it's like..don't ask, don't say..ur not cheating anyone..trying to find a small loop hole for a very good reason..
Znan
07-25 04:49 PM
I see your point, I would still prefer browsing and having migranes than paying attention and doing all that the wife says (Impossible exists in one placec for sure-just try doing what she tells you for once:D)
It is not about you browsing on this forum continously..it is about you not paying attention to your wife continoulsy.:D:D
Even if there would no IV..wife will tell you the same for some other stuff you are following vigourously.
It is not about you browsing on this forum continously..it is about you not paying attention to your wife continoulsy.:D:D
Even if there would no IV..wife will tell you the same for some other stuff you are following vigourously.
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