anotherone
01-29 06:28 PM
Is there some master list of companies that have been filed against ? Do you know of anyone on this list that have done so and won ?
What will that accomplish really ? I dont know if working for this place will be a good idea anyway after filing a suit against them... but OTOH if it helps other people or at least if its out there on the net, so other companies wont get his brilliant idea....
just musing, thankyou for replying to my posts so quickly.
What will that accomplish really ? I dont know if working for this place will be a good idea anyway after filing a suit against them... but OTOH if it helps other people or at least if its out there on the net, so other companies wont get his brilliant idea....
just musing, thankyou for replying to my posts so quickly.
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Roger Binny
04-25 04:51 PM
Why do I get this feeling that you are an anti-immigrant on this website?
Come clean please.
I agree, hey TNMan, come clean.
Where all these guys gone when Tech sector is doing real big and this side of the planet is reaping billions of dollars in profit.
Gotcha...ok guys good job we don't care your lives go away huh ?
Clinton is smart he brought people over here and let them pay taxes and boost atleast local economies, corporates are much smarter than these schemes they will boost or find another way to outsource.
Come clean please.
I agree, hey TNMan, come clean.
Where all these guys gone when Tech sector is doing real big and this side of the planet is reaping billions of dollars in profit.
Gotcha...ok guys good job we don't care your lives go away huh ?
Clinton is smart he brought people over here and let them pay taxes and boost atleast local economies, corporates are much smarter than these schemes they will boost or find another way to outsource.
SunnySurya
08-07 02:35 PM
The question is how would you identify which jobs are genuine and which are not. In addition, the question the porting comes at I-485 stage.
So in other words there could very well be job out there and you won't know till its I-140 is approved if it is for porting reasons.
Also, a good/established company may most likely will not file a new labor and I-140 for a person because it an unncessary expenditure for them.
So guess who are the people who are most benefitted by this...
Ok. I am finally beginning to see your point. If the objective of your exercise is to eliminate alleged non-genuine EB2 jobs, that really don't exist, but are simply advertised just for the sake of porting by unscrupulous companies who stand to gain money by this, then you certainly are making a valid point.
But I still do not understand how a lawsuit will help? Was the labor-sub elimination the result of a lawsuit? Also, I would be concerned about lots of other valid/genuine companies who really have jobs for BS + 5 years experience ...?
So in other words there could very well be job out there and you won't know till its I-140 is approved if it is for porting reasons.
Also, a good/established company may most likely will not file a new labor and I-140 for a person because it an unncessary expenditure for them.
So guess who are the people who are most benefitted by this...
Ok. I am finally beginning to see your point. If the objective of your exercise is to eliminate alleged non-genuine EB2 jobs, that really don't exist, but are simply advertised just for the sake of porting by unscrupulous companies who stand to gain money by this, then you certainly are making a valid point.
But I still do not understand how a lawsuit will help? Was the labor-sub elimination the result of a lawsuit? Also, I would be concerned about lots of other valid/genuine companies who really have jobs for BS + 5 years experience ...?
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surabhi
10-11 02:44 PM
I called up to find that my application is still not in the system. Surprisingly, the IO would not put the phone down and keeps on chatting to enlighten me. Seem to have lot of time on hand.
1. My application is most likely transfered to texas since my I-140 was approved there
2. FIFO is valid only if the application is not transfered. Once it is transfered, the receiving center will take the date 'they' received to put in queue for data entry. If your application took continental US tour, more delay.
3. He is asnwering 5-6 calls every day from July 2 filers. There are several of them. So plenty of July 2 apps still waiting to be entered.
4. The application is not rejected for sure, since even a rejection would be entered into the system.
5. he cannot raise a service request without receipt number.
I sent mail to USCIS withe fedex scanned signature, wrote to Senator. Its frustrating.
The bottom line is there is no bottomline, except to wait.
1. My application is most likely transfered to texas since my I-140 was approved there
2. FIFO is valid only if the application is not transfered. Once it is transfered, the receiving center will take the date 'they' received to put in queue for data entry. If your application took continental US tour, more delay.
3. He is asnwering 5-6 calls every day from July 2 filers. There are several of them. So plenty of July 2 apps still waiting to be entered.
4. The application is not rejected for sure, since even a rejection would be entered into the system.
5. he cannot raise a service request without receipt number.
I sent mail to USCIS withe fedex scanned signature, wrote to Senator. Its frustrating.
The bottom line is there is no bottomline, except to wait.
more...
drona
07-10 08:21 PM
Posted on nriworld a couple days back. We must have missed it. Hope they will update today's events :)
NRIs in US to organise 'Gandhigiri' protest in Washington
http://www.nri-worldwide.com/cgi-local/ts.pl?action=fetch&area=nrinterest&o=7
NRIs in US to organise 'Gandhigiri' protest in Washington
http://www.nri-worldwide.com/cgi-local/ts.pl?action=fetch&area=nrinterest&o=7
pappu
08-04 06:38 PM
http://triceiver.com/USCIS_Background_Security_Check_Immigration.aspx
USCIS Background Security Checks
Copyright � Triceiver.com
The United States Citizenship and Immigration Services (USCIS) conducts security checks on all applicants seeking immigration benefit. Both green card and citizenship applications are subject to such scrutiny. Regardless of whether you file I-485 or seek Consular Processing, employment or family based, your case will not be approved unless several levels of background checks have been cleared.
However, there are currently a vast number of applications stuck in this process, waiting from months to several years. This has created tremendous anxiety among people affected, largely due to concerns over an unknown future and the lack of communications offered by authorities.
Since 2002, USCIS has increased the number and scope of background checks. There are typically three types of investigations, but USCIS may conduct other reviews if necessary.
IBIS Name Check
According to USCIS, “The Interagency Border Inspection System (IBIS) … combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns.” It is usually a rather quick process, as USCIS can access information from these multiple government agencies electronically. The result is usually available immediately. However, it is not uncommon for this process to take several months as reported by the immigration community.
FBI Fingerprint Check
After submitting an immigration petition, the applicant will receive a fingerprint notice. The applicant is required to go to a nearby USCIS facility and have fingerprints, signature and photo taken. The information is then transmitted to the FBI to check for any criminal records. This is another quick process, and result is usually sent back to the USCIS within 24 - 48 hours.
However, if one’s fingerprint matches a record, the FBI will forward an electronic copy of the criminal history (RAP sheet) to USCIS. An immigration officer will then review the information to see what effects it may have on the particular case. In case of previous arrests or charges, it is important to consult an attorney to ensure the accuracy of information in I-485 Adjust of Status applications.
The USCIS finger print notices will contain a code number, which represents what information is to be collected:
Code 1: 10 fingerprints
Code 2: Thumb finger print, photo and signature
Code 3: 10 fingerprints, photo and signature (code 1 + code 2)
Do not miss the fingerprint appointment. If you can’t make it, call the phone number in the notice to reschedule. If you didn’t receive the notice and got a Notice of Intent to Deny (NOID), respond before the deadline to explain your situation. Sometimes you may want to do the fingerprints early, and most service centers will allow walk-in if they are not busy. But make sure you bring the notice, which will be stamped and given back to you as a receipt.
The USCIS may request a second or third fingerprint appointment during the I485 process. The reason is that fingerprint results do expire, and USCIS still lose or misplace files. It is not uncommon for an applicant to do a code 3 fingerprint check, then just a few months later asked to do another one. Sometimes the last fingerprint check is mainly for supplying a digital photo in order to produce the green card; unfortunately this is not always the case.
Fingerprint checks are performed by the FBI's Criminal Justice Information Services (CJIS) in West Virginia. Our "How to contact USCIS and FBI" page lists their main phone number, but it is only useful to check whether FP was completed (not the actual results). Also note that fingerprint check is totally different from the FBI name check discussed below.
FBI Name Check
The FBI name check has been the source of most delays in the background check process. It is often confused with fingerprint check, but in fact is a completely different process. The FBI compares an applicant’s name, as well as variations and fragments of the name, against a large collection of “administrative, applicant, criminal, personnel and other files compiled by law enforcement.” The USCIS Fact Sheet reported that 80% of inquiries found no match and initial responses take about 2 weeks to receive from the FBI. Most of the remaining 20% cases are resolved within six months, and only less than 1% of cases take longer than six months complete FBI name check.
However, despite the small percentage, the total number of cases delayed by name check is still significant. According to USCIS Ombudsman’s 2006 annual report, “as of May 2006, USCIS reported 235,802 FBI name checks pending, with approximately 65 percent (153,166) of those cases pending more than 90 days and approximately 35 percent (82,824) pending more than one year.” The 2007 report released in June showed similar percentages, but the total number was even more daunting: 106,738 cases have been pending for more than one year. The Ombudsman also pointed out that:
“FBI name checks….significantly delay adjudication of immigration benefits for many customers, hinder backlog reductions efforts, and may not achieve their intended national security objectives.” and
“Stakeholder organizations and USCIS personnel across the country also regularly raise the issue of FBI name check delays as the most pervasive problem preventing completion of cases.”
Although some cases, such as EAD, AP and I-140, don't require FBI name check before approval, all green card applications (mostly I-485) must go through this process. And that is what people concern the most. So for this reason we will be discussing FBI name check separately on the next page.
USCIS Background Security Checks
Copyright � Triceiver.com
The United States Citizenship and Immigration Services (USCIS) conducts security checks on all applicants seeking immigration benefit. Both green card and citizenship applications are subject to such scrutiny. Regardless of whether you file I-485 or seek Consular Processing, employment or family based, your case will not be approved unless several levels of background checks have been cleared.
However, there are currently a vast number of applications stuck in this process, waiting from months to several years. This has created tremendous anxiety among people affected, largely due to concerns over an unknown future and the lack of communications offered by authorities.
Since 2002, USCIS has increased the number and scope of background checks. There are typically three types of investigations, but USCIS may conduct other reviews if necessary.
IBIS Name Check
According to USCIS, “The Interagency Border Inspection System (IBIS) … combines information from multiple agencies, databases and system interfaces to compile data relating to national security risks, public safety issues and other law enforcement concerns.” It is usually a rather quick process, as USCIS can access information from these multiple government agencies electronically. The result is usually available immediately. However, it is not uncommon for this process to take several months as reported by the immigration community.
FBI Fingerprint Check
After submitting an immigration petition, the applicant will receive a fingerprint notice. The applicant is required to go to a nearby USCIS facility and have fingerprints, signature and photo taken. The information is then transmitted to the FBI to check for any criminal records. This is another quick process, and result is usually sent back to the USCIS within 24 - 48 hours.
However, if one’s fingerprint matches a record, the FBI will forward an electronic copy of the criminal history (RAP sheet) to USCIS. An immigration officer will then review the information to see what effects it may have on the particular case. In case of previous arrests or charges, it is important to consult an attorney to ensure the accuracy of information in I-485 Adjust of Status applications.
The USCIS finger print notices will contain a code number, which represents what information is to be collected:
Code 1: 10 fingerprints
Code 2: Thumb finger print, photo and signature
Code 3: 10 fingerprints, photo and signature (code 1 + code 2)
Do not miss the fingerprint appointment. If you can’t make it, call the phone number in the notice to reschedule. If you didn’t receive the notice and got a Notice of Intent to Deny (NOID), respond before the deadline to explain your situation. Sometimes you may want to do the fingerprints early, and most service centers will allow walk-in if they are not busy. But make sure you bring the notice, which will be stamped and given back to you as a receipt.
The USCIS may request a second or third fingerprint appointment during the I485 process. The reason is that fingerprint results do expire, and USCIS still lose or misplace files. It is not uncommon for an applicant to do a code 3 fingerprint check, then just a few months later asked to do another one. Sometimes the last fingerprint check is mainly for supplying a digital photo in order to produce the green card; unfortunately this is not always the case.
Fingerprint checks are performed by the FBI's Criminal Justice Information Services (CJIS) in West Virginia. Our "How to contact USCIS and FBI" page lists their main phone number, but it is only useful to check whether FP was completed (not the actual results). Also note that fingerprint check is totally different from the FBI name check discussed below.
FBI Name Check
The FBI name check has been the source of most delays in the background check process. It is often confused with fingerprint check, but in fact is a completely different process. The FBI compares an applicant’s name, as well as variations and fragments of the name, against a large collection of “administrative, applicant, criminal, personnel and other files compiled by law enforcement.” The USCIS Fact Sheet reported that 80% of inquiries found no match and initial responses take about 2 weeks to receive from the FBI. Most of the remaining 20% cases are resolved within six months, and only less than 1% of cases take longer than six months complete FBI name check.
However, despite the small percentage, the total number of cases delayed by name check is still significant. According to USCIS Ombudsman’s 2006 annual report, “as of May 2006, USCIS reported 235,802 FBI name checks pending, with approximately 65 percent (153,166) of those cases pending more than 90 days and approximately 35 percent (82,824) pending more than one year.” The 2007 report released in June showed similar percentages, but the total number was even more daunting: 106,738 cases have been pending for more than one year. The Ombudsman also pointed out that:
“FBI name checks….significantly delay adjudication of immigration benefits for many customers, hinder backlog reductions efforts, and may not achieve their intended national security objectives.” and
“Stakeholder organizations and USCIS personnel across the country also regularly raise the issue of FBI name check delays as the most pervasive problem preventing completion of cases.”
Although some cases, such as EAD, AP and I-140, don't require FBI name check before approval, all green card applications (mostly I-485) must go through this process. And that is what people concern the most. So for this reason we will be discussing FBI name check separately on the next page.
more...
vikki76
10-26 08:30 PM
This is really great news. Congratulations caliguy--I have been following your posts since Sept and know that you were quite active (read that perturbed) on your case.
One less thing to worry about in life.
You have been quite persistent in your efforts to get correct answer from IO.
In my case- when I reached IO using POJ- I was told that case has been predjudicated, and now assigned to IO. How do I get more info than this? Even I have multiple 140-so ,I too am bit worried about that part.
One less thing to worry about in life.
You have been quite persistent in your efforts to get correct answer from IO.
In my case- when I reached IO using POJ- I was told that case has been predjudicated, and now assigned to IO. How do I get more info than this? Even I have multiple 140-so ,I too am bit worried about that part.
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MYGC2008
10-02 11:11 AM
Hello rajsat,
By September 28 all the Visas are exhausted(2009 Quota). Please see the thread "September Visa Approvals". Infact some one was saying USCIS stopped issuing GC for the last week as they have used all visas. That may be the case they would have withdrawn approved GC
But try all the possibilities like SR, Infopass, Congressman, etc and let the local office be aware of Oct Visa bulletin and now are current and visas are available.
Best of luck
Both notices say september28
By September 28 all the Visas are exhausted(2009 Quota). Please see the thread "September Visa Approvals". Infact some one was saying USCIS stopped issuing GC for the last week as they have used all visas. That may be the case they would have withdrawn approved GC
But try all the possibilities like SR, Infopass, Congressman, etc and let the local office be aware of Oct Visa bulletin and now are current and visas are available.
Best of luck
Both notices say september28
more...
purplehazea
05-04 06:57 PM
You can consult another attorney if your attorney is giving you this advice. As far as I know, since you have a valid H1B, you should be fine. I would recommend that you file for all your benefits together (485/EAD/AP)
- I am not an attorney so use my advice at your own risk.
- I am not an attorney so use my advice at your own risk.
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gbof
10-06 05:30 PM
I just called USCIS using POJ method. Nice IO . She took time listening BUT same darn response.
I had opened a service request on 9/8 . I recieved a letter stating to wait for 6 months.
IO told me ,all the name check, FP are cleared. No RFE.
Since SR is open, wait for 6 months.
well, thats my story.
PD:Aug'04
EB2
TSC
Don't lose hope...we get all sort of answers on phone. If everything is clear you are going to get approval. It is a matter of days
I had opened a service request on 9/8 . I recieved a letter stating to wait for 6 months.
IO told me ,all the name check, FP are cleared. No RFE.
Since SR is open, wait for 6 months.
well, thats my story.
PD:Aug'04
EB2
TSC
Don't lose hope...we get all sort of answers on phone. If everything is clear you are going to get approval. It is a matter of days
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makemygc
01-24 10:30 PM
Patience :). Air India, Jet and Kingfisher have plenty of long range airliners on order with Boeing (http://active.boeing.com/commercial/orders/index.cfm?content=timeperiodselection.cfm&pageid=m15523) and Airbus (http://www.airbus.com/en/corporate/orders_and_deliveries/).
Air India flying direct to India starting from feb 08, at least that's what I was told when I went through that horryifing experience in UK (see my post above)
Air India flying direct to India starting from feb 08, at least that's what I was told when I went through that horryifing experience in UK (see my post above)
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jonty_11
06-20 09:50 PM
I have an employment-based petition and I'm presently unemployed. From what I understand, the sponsoring employer can hire me when I get my green card. So, when I get my EAD, which is most probably in 3 months, can I use it to work for whomever I wish?
u r currnetly out of status if u are in US.
u r currnetly out of status if u are in US.
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grupak
08-20 08:42 PM
What are u guys trying to acheive and how will this help EB3 India?
Also, how is the spillover going to be distributed among EB3? First EB3 ROW and then EB3 C/I as in the old system?
Personally, I think the visa recapture bill would help things quite a bit.
Also, how is the spillover going to be distributed among EB3? First EB3 ROW and then EB3 C/I as in the old system?
Personally, I think the visa recapture bill would help things quite a bit.
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RanchCharm
11-07 10:33 AM
I just prepared all the letters and posted in regular mail.
Hope it will reduce some trouble for our immigration community.
Thanks IV and others.
-Nachi
Hope it will reduce some trouble for our immigration community.
Thanks IV and others.
-Nachi
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SunnySurya
08-07 11:52 AM
I am impressed by your qualifications, what is your PD?
I am EB2-I with a couple of US grad degrees (and same undergrad school as Rolling Flood, not that it matters to anyone except perhaps those who suppor the lawsuit). And I think this lawsuit is a bad idea because it is divisive and petty.
There is an old Malayalam story that most people who went to school in Kerala would have read in their primary school classes. Two guys, Greedy and Jealous, pray to God. God appears and Greedy goes, "I just want double of what you give the other guy. All I want to be is to be ahead of him." Hearing this, Jealous says, "God, please make me blind in one eye."
This lawsuit, like the story above, is a case of knifing others in the back, for no real gain. We should instead try to leverage IV's large membership for a common good, which is what has made IV successful so far.
I am EB2-I with a couple of US grad degrees (and same undergrad school as Rolling Flood, not that it matters to anyone except perhaps those who suppor the lawsuit). And I think this lawsuit is a bad idea because it is divisive and petty.
There is an old Malayalam story that most people who went to school in Kerala would have read in their primary school classes. Two guys, Greedy and Jealous, pray to God. God appears and Greedy goes, "I just want double of what you give the other guy. All I want to be is to be ahead of him." Hearing this, Jealous says, "God, please make me blind in one eye."
This lawsuit, like the story above, is a case of knifing others in the back, for no real gain. We should instead try to leverage IV's large membership for a common good, which is what has made IV successful so far.
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insbaby
11-12 12:44 PM
I got the RFE at last. I invoked AC21. The RFE for me is asking for 2 evidences
01. Why in Form I-693 medical examiner submitted x-ray but no skin test (we did it because we had the TB vaccination in childhood and skin test would come positive and we had to take x-ray anyway) ---Not an Issue, we can answer that
02. Submit current dated EVL for your new employer. No issue. we can answer that
For my wife also asking for 2 evidences:
01. About the same medical issue.
02. Provide her non-immigrant status between Feb 2003 to Jan 2004.
I don't know what do. Looks like we are doomed. My wife came here with H4 in 2000, was provided I-94 from the airport for 3 years (till Jan 2003), we didn't know then that we have to file a I-539 extension for H4 extension (even couple of my friends had the same idea). We knew that as long as I am on H1, she would maintain H4. I came to know in Jan 2004 and then we applied for I-539. I know this is stupid but that what happened. Anybody has any experience please reply..please please. We are really sleepless this time.
You can not change what had happened. They already found it.
And you did not do that in purpose and the dependant did not take any advantage during that period. So get a good lawyer and give proper explanation. Being out of status does not disqualify the application immediately. It depends on the explanation and the reviewer. There may be exceptions.
Good luck.
01. Why in Form I-693 medical examiner submitted x-ray but no skin test (we did it because we had the TB vaccination in childhood and skin test would come positive and we had to take x-ray anyway) ---Not an Issue, we can answer that
02. Submit current dated EVL for your new employer. No issue. we can answer that
For my wife also asking for 2 evidences:
01. About the same medical issue.
02. Provide her non-immigrant status between Feb 2003 to Jan 2004.
I don't know what do. Looks like we are doomed. My wife came here with H4 in 2000, was provided I-94 from the airport for 3 years (till Jan 2003), we didn't know then that we have to file a I-539 extension for H4 extension (even couple of my friends had the same idea). We knew that as long as I am on H1, she would maintain H4. I came to know in Jan 2004 and then we applied for I-539. I know this is stupid but that what happened. Anybody has any experience please reply..please please. We are really sleepless this time.
You can not change what had happened. They already found it.
And you did not do that in purpose and the dependant did not take any advantage during that period. So get a good lawyer and give proper explanation. Being out of status does not disqualify the application immediately. It depends on the explanation and the reviewer. There may be exceptions.
Good luck.
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SunnySurya
08-07 11:27 AM
Thats fair and one compromise I am willing to make...
As I've mentioned in Rolling_Flood's thread, this issue has some merit and needs to be discussed. My personal take on this is that if you were eligible for an EB2 position at the time of filing the EB3 petition, you should be allowed to interfile..
As I've mentioned in Rolling_Flood's thread, this issue has some merit and needs to be discussed. My personal take on this is that if you were eligible for an EB2 position at the time of filing the EB3 petition, you should be allowed to interfile..
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akred
01-27 07:58 PM
Obviously it must be an attempt to protect India from being taken over by Hong Kong ;)
You got that right. Hong Kong is part of China.
You got that right. Hong Kong is part of China.
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Pineapple
08-05 12:54 AM
Absolutely unbelievable-
Get this: A fingerprint check takes 24-48 hours but a name check takes upto 6 months!!! There are over 8 billion individuals on the planet, and how many have duplicate names? OK, now how many have similar names? And by the way, if you already have a fingerprint, why does name check take so long?
Reminds me of the scene in the recent Simpsons movie, where the government guy jumps up and shouts "Woo Hoo, we actually found someone we were looking for!". The bromide goes that truth is stranger than fiction, but it should be amended to "The truth is more idiotic that fiction".
Get this: A fingerprint check takes 24-48 hours but a name check takes upto 6 months!!! There are over 8 billion individuals on the planet, and how many have duplicate names? OK, now how many have similar names? And by the way, if you already have a fingerprint, why does name check take so long?
Reminds me of the scene in the recent Simpsons movie, where the government guy jumps up and shouts "Woo Hoo, we actually found someone we were looking for!". The bromide goes that truth is stranger than fiction, but it should be amended to "The truth is more idiotic that fiction".
punjabi
03-29 05:43 PM
I am not an expert but I have a hunch that EB2 India will progress to Jun 1 2006.
Based on your calculations , Experts, please let us know what to expect, if 12000 GC are released for EB2. Where will the cutoff come and stop..
Can you please post that link that shows how many are waiting year-wise.
Based on your calculations , Experts, please let us know what to expect, if 12000 GC are released for EB2. Where will the cutoff come and stop..
Can you please post that link that shows how many are waiting year-wise.
eb3_nepa
07-10 09:55 AM
I am sure Mrs Emillo will get lot of flowers tonight :)
YEP courtesy of a thousand screwed immigrants;)
You know what lets donate blood, kidneys, brains, hair, other miscallaneous body fluids as well. Lets keep on giving and giving until they get the message that "hey these people cant give any more. Lets kick them out and get a fresh new batch of idiots".
YEP courtesy of a thousand screwed immigrants;)
You know what lets donate blood, kidneys, brains, hair, other miscallaneous body fluids as well. Lets keep on giving and giving until they get the message that "hey these people cant give any more. Lets kick them out and get a fresh new batch of idiots".
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