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  • immique
    07-14 10:01 PM
    For all those people who are misguiding the EB3 members on the forum- please stop playing with people's hopes and stop this nonsense about petition for spillover from EB1 to EB3. this is a foolish arguement and will not work. Do you think USCIS will give preference to EB2 over EB1? hell no. similarly, EB3 will not get any spill over visas unless EB2 is current. EB preferences are are established for a reason to give preference to better qualified individuals that US thinks are much needed. similarly family based preferences are established to give preference to dependents/relatives of US Citizens over other categories. Can you imagine second or third preference Family based category getting preference over the first preference category in Family based applications? No way this is going to happen.

    Moreover after taking heat from Congress for wrongly interpreting the EB laws and unfairly giving visas to EB3 last year while EB2 is still retrogressed, do you really think that USCIS/DOS will make the same mistake again? some of the people seem to be wandering in a fool's paradise. this whole petition drama has caused rifts among the EB immigrant community for no good reason. the only way for EB3 to move forward is by EB2 becoming current and it may happen next year.

    I can tell you for sure what kind of results this petition will produce.

    1. it will not poduce any spillover to EB3 at all.

    2. it will definitely attract more scrutiny towards EB2 from USCIS as it will try to establish clear distinction between EB2 and EB3 so that people are not confused between the categories thinking that they also qualify for EB2 as mentioned in the petition. USCIS may start strictly implementing "exceptional ability/ advanced degree/ Professional Occupation" part of the EB2 definition and start questioning the 5 year experience that many EB3 have used to convert to EB2. This will result in more problems for EB3 to EB2 conversions who have already filed and for future filings and will make it easier for people with Advanced degrees. This will help USCIS to make EB2 current quickly by greatly decreasing the number of applications in EB2 and may be then use the spill over to EB3.

    After reading all this if people are still not convinced about my arguement, then go ahead and send in your petitions to whom ever you want to. As I said above, it will do more harm to EB3 than any good as it will potentially make it impossible for any future EB3 to EB2 conversions. Good luck in your effort.





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  • Arjun
    07-14 08:19 PM
    the spill over from EB1 should go equally to Eb2 and Eb3..can we work on getting this message across.

    I agree, does anybody have a link to the policy of how spill over of visa numbers works?





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  • brad_sk2
    01-06 01:54 PM
    Israeli shelling kills more than 40 at UN school in Gaza.

    http://www.guardian.co.uk/world/2009/jan/06/gaza-israel-death-un

    More killing while the world watches silently.

    Unfortunately Hamas has been using this school as human shield launching missiles against Israel military. You need to consider all acts before accusing Israel of killing innocents.

    Hamas must stop their methodology of using innocent civilian homes/schools as launch pads for bombings and they must drop their quest of eliminating a Jewish state. Similarly Israel should recognize Palestine as a separate independent country.





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  • jung.lee
    04-09 12:51 PM
    Being an energy saving geek, I also recommend buying something with a large south facing roof (for lots of solar panels).

    Mark, I looked at the pics of the roof of your house. Nice work. Being a little bit of an energy saving geek myself, and this being Earth Day month and all, do you mind sharing some details on the solar panel roofing project?


    What brand of panels did you purchase and where?
    What is the price per square foot raw material, and with installation? Did you use a specialized installer, or a regular roofing contractor?
    What is the total area (ft-squared or m-squared) of the panels?
    What is the energy generated by the panels (I am guessing something in kWH/m-squared)?


    Last but not the least, how the heck did you get snow to stay away from the panels, when it is clearly visible on other roofing tiles at the edges of the roof:)? Is this a property of the panels' surface (smoothness of surface - like glass)?

    Also, hate to dump out here - how about some details the geo-thermal system? (I admit that I know nothing about them, expect for the basic underground heat exchange concept. I did not know that a compact residential system was available).

    Thanks for sharing!



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  • krishna.ahd
    01-06 04:14 PM
    Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?

    Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.

    Modi is elected CM by people of Gujarat , also third time in a row, so you know now what people of Gujarat wants.





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  • paragpujara
    08-06 02:37 PM
    One Chinese person walks into a bar in America late one night and he
    saw Steven Spielberg.
    As he was a great fan of his movies, he rushes over to him, and asks
    for his autograph.
    Instead, Spielberg gives him a slap and says, "You Chinese people
    bombed our Pearl Harbor, get outta here.
    "The astonished Chinese man replied, "It was not the Chinese who bombed
    your Pearl Harbor, it was the Japanese".
    "Chinese, Japanese, Taiwanese, you're all the same," replied Spielberg.
    In return, the Chinese gives Spielberg a slap and says, "You sank the
    Titanic, my forefathers were on that ship.
    "Shocked, Spielberg replies, "It was the iceberg that sank the ship,
    not me."
    The Chinese replies, "Iceberg, Spielberg, Carlsberg, you're all the
    same."
    This particular joke won an award for the best joke in a competition
    organized in Britain and this joke was sent by an Indian.



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  • bobzibub
    01-07 07:43 PM
    Blaming any religion on terrorism is inappropriate, inflammatory, and just plain irresponsible.
    Here's some proof for you:

    MI5 report challenges views on terrorism in Britain (http://www.guardian.co.uk/uk/2008/aug/20/uksecurity.terrorism1?gusrc=rss&feed=networkfront)


    • Far from being religious zealots, a large number of those involved in terrorism do not practise their faith regularly. Many lack religious literacy and could actually be regarded as religious novices. Very few have been brought up in strongly religious households, and there is a higher than average proportion of converts. Some are involved in drug-taking, drinking alcohol and visiting prostitutes. MI5 says there is evidence that a well-established religious identity actually protects against violent radicalisation.

    And I'll give you a couple specific examples :

    Al-Fakhoura School Bombed, 42 Killed, Including Children; 13,000 Homeless; Water, Medicine in Short Supply (http://www.juancole.com/2009/01/al-fakhoura-school-bombed-42-killed.html)

    Muhammad Atta was radicalized by watching the gruesome results of that attack and he was a 9/11 hijacker. (He flew one of the planes.) That attack happened to be Israel bombing a school in 1986.

    Torture trail to September 11 : A two-part investigation into state brutality opens with a look at how the violent interrogation of Islamist extremists hardened their views, helped to create al-Qaida and now, more than ever, is fuelling fundamentalist hatred (http://www.guardian.co.uk/world/2003/jan/24/alqaida.terrorism1)

    Dr Ayman al-Zawahiri, for example was tortured in Egypt. He was Al Q's number 2 and known as the "brains" behind the 9/11 attacks. He was a successful doctor.

    It is not religion that makes people willing to blow up themselves and kill others. It is perceived oppression against one's people. If you look closely enough, you will find it.

    Blaming religious beliefs on terrorism is sloppy thinking that:

    inflames people
    justifies further violence
    divides people
    creates more terrorism


    The IRA, Shining Path, the Basques, and yes, Al Q, all have one thing in common: their political aspirations for their people to be freed from what they see as oppression. The Irish Catholics weren't allowed good jobs. Peruvian Marxists were unhappy with their government. The Basques were mistreated by Franco. Many Middle Easterners want the right to form their own governments, which we in the west actively prevent by supporting dictatorships.

    Invariably, when people blame religion for some injustice, there is a political or economic reason behind it. The Crusades, for example, were not about converting people, but about wealth, power and what they saw as "glory".

    Please stop with the religious scape goating, bigotry and hatred. It leads nowhere but down.





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  • ilwaiting
    06-01 01:31 PM
    I bet these guys do NOT know the facts more than the Congress. I bet Congress might have done lot more research into this immigration issue and its impact in all aspects than these news channels anchor's.

    But I guess it time that these channels get the facts straight or no conservative would believe them!!!



    Its also MSNBC. Just look at Tucker Carlson and Joe Scarborough.

    If you hear Tucker Carlson on MSNBC, he sounds like the protege of Jeff Sessions.

    However, one difference between Tucker Carlson and Lou Dobbs. Tucker supports(or atleast pretends to support) the legal variety.

    Lou Dobbs openly opposes all immigration.



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  • addsf345
    12-18 05:06 PM
    Originally Posted by razis123
    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.

    by your explanation, what should hindus in india do? they were attacked, temples destroyed, forcefully converted, killed, lost land to islamic republics like pakistand and bangladesh??? Please read this on wikipedia...Thankfully not whole world thinks like you do.

    http://en.wikipedia.org/wiki/Muslim_conquest_in_the_Indian_subcontinent

    An estimate of the number of people killed, based on the Muslim chronicles and demographic calculations, was done by K.S. Lal in his book Growth of Muslim Population in Medieval India, who claimed that between 1000 CE and 1500 CE, the population of Hindus decreased by 80 million. His work has come under criticism by historians such as Simon Digby (School of Oriental and African Studies) and the Marxist historian Irfan Habib for its agenda and lack of accurate data in pre-census times. Lal has responded to these criticisms in later works. Historians such as Will Durant contend that Islam spread through violence.[5][6] Sir Jadunath Sarkar contends that that several Muslim invaders were waging a systematic jihad against Hindus in India to the effect that "Every device short of massacre in cold blood was resorted to in order to convert heathen subjects."[7] In particular the records kept by al-Utbi, Mahmud al-Ghazni's secretary, in the Tarikh-i-Yamini document several episodes of bloody military campaigns.[citation needed] Hindus who converted to Islam however were not completely immune to persecution due to the Caste system among South Asian Muslims in India established by Ziauddin al-Barani in the Fatawa-i Jahandari.[8], where they were regarded as an "Ajlaf" caste and subjected to discrimination by the "Ashraf" castes[9].





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  • pani_6
    02-21 01:03 PM
    Why doesnt this guy test the water by contesting the elections...he talks as if he is the 20th century Adam Smith who should be consulted on economics..



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  • puddonhead
    06-05 03:53 PM
    This is your justification for renting? Your 1300 goes to that owners mortgage. You are paying so that he can own the property you live in. I would not be surprised if he has multiple condos renting to others like you.

    Since you cite an example, let me cite one of mine.

    Co-op bought in 2004, Queens NY 2 bedroom: $155,000
    Rented now for $1,350 / month (Wife and I live in another home we also own also in queens)
    Appraised value (Feb 2009) $195,000, Peak market value (my opinion) ~230,000 in 2006 but it seems to be worth more now which is clueless to me.
    Outstanding balance: 60,000
    Current mortgage (15y fixed@4.25): 452 / month (+525 maintenance)
    Monthly cost total: ~1,000
    Comps in area: See for yourself: http://newyork.craigslist.org/search/rea?query=kew+gardens+co-op&minAsk=min&maxAsk=max&bedrooms=2

    Lets say that person is you renting it. You are paying to stay in my unit, pay my mortgage, pay my monthly, allow me to build equity which i just used to buy another property (thank you) and using standard deductions, allowing me to have a healthy tax return from interest paid based on your money. I dont even need to do any math here to prove I am making money from your rent because believe me I am.

    Renters will never understand why owning a home is better than renting as thus they will continue to make arguments to continue doing so. And I'm sure that giving 1 example or 100 examples will not change your mind in the slightest. Which is why you will always be paying owners like me for a roof to live under.


    With those rent/price ratio - it makes no sense indeed to rent.

    If I may ask you for a huge favor - could you please PM me more details about where specifically in Queens you have those kind of rent/price ratios?

    Since the market prices got so inflated - my experience is that the rent/price ratios are still wayy off historical trends. My impression (based on a few examples I have seen) is that in most of the situations - the rent would not cover the interest + property tax + maintenance, which would mean throwing away money if you buy.

    If indeed there are rent to buy ratios like the ones you have mentioned - then renting would be foolishness.





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  • Madhuri
    09-30 01:40 PM
    I love to see Obama in White House too. My only concern is who drives his Immigration Policy. Sen. Durbin? The provisions in CIR 2007 were scary.

    I am here legally in this country from Sept 2000.
    Applied for GC in March 2006 (EB3 I), filed 485 in July 07, used AC 21 in April 08 and now working on EAD.

    I already had backup plan for Canada. If I wanted to keep my Canadian PR current I had to fulfill the 2 yrs out of first 5 requirement and was required to relocate to Canada in Aug 07. After July 07 fiasco and getting EAD, I thought of giving up on that back-up plan. It was not an easy decision, but we decided to bite the bullet and were thinking that AC-21 memo and EAD are good enough safe-guards for any denial if and when it comes. Also other thing I thought as it is it's going to take ages for my date to become current by that time at least my child's education will be done (he is in high school) and he doesn't have to go through relocation pains as far as school is concerned. He has already done that 4 times in last 8 years. So all in all we were satisfied with the decision to abandon Canadian PR and using AC 21. But now all of a sudden I see there are so many denials for straight forward AC21 cases and moreover if Obama wins then immigration policy are driven by Durbin. AC-21 is the thread that I am hanging on to, if that goes away then what....just don't want to think about it.



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  • Macaca
    03-06 09:04 PM
    The Top 200 H-1B Employers Of 2006 (http://www.networkworld.com/community/?q=node/15273) By Brad Reese | Network World, 05/17/2007
    Page 12 & 31 of Driving jobs and Innovation Offshore (http://www.nfap.com/pdf/071206study.pdf) The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007

    Top 19 Employers of New H-1Bs Petitions Approved in FY 2006

    WIPRO LTD. 3,143
    INFOSYS TECHNOLOGIES LTD. 3,125
    TATA CONSULTANCY SERVICES LTD. 2,754
    SATYAM COMPUTER SERVICES LTD. 1,753
    MICROSOFT CORP. 1,297
    PATNI COMPUTER SYSTEMS INC. 969
    COGNIZANT TECH SOLUTIONS U.S. 863
    I-FLEX SOLUTIONS INC. 695
    HCL AMERICA INC. 652
    LARSEN & TOUBRO INFOTECH LTD. 624
    TECH MAHINDRA AMERICAS INC. 614
    INTEL CORP. 613
    DELOITTE & TOUCHE LLP 545
    ACCENTURE LLP 519
    POLARIS SOFTWARE LAB INDIA LTD. 497
    MPHASIS CORP. 445
    SYNTEL CONSULTING INC. 415
    ERNST & YOUNG LLP 396
    LANCESOFT INC. 394

    Other 88,070 (80.3 percent)
    TOTAL 109,614 (0.07 % of U.S. labor force)
    Source: USCIS
    Explanatory note from USCIS: Employers were identified and counted on the basis of tax ID.
    The number of approved petitions for new workers is not identical with the number of workers on the job because

    workers are occasionally sponsored by more than one employer,
    the job offer may subsequently be withdrawn,
    the job offer may be declined, or
    the worker if residing outside the country, may be denied a visa.

    The total of 109,614 exceeds 65,000 regular plus 20,000 masters caps because it includes petitions for new workers exempted from the caps.
    Fiscal year of petition approval often is earlier than fiscal year of worker start date. For example, about 50,000 H-1B petitions were approved in FY 2006 for a start date in FY 2007. The reason is that many petitions were filed in April beginning of cap season) and May by sponsors for workers beginning their employment in October---two different fiscal years.
    The same phenomenon occurred this year, offsetting last year's effect to an unknown extent, but rendering straight comparisons between petition approvals and employment starts in a fiscal year subject to error and misinterpretation.
    The CIA Fact Book estimates the size of the U.S. labor force in 2006 at 151.4 million.
    The list in the table is for individuals who were hired on an approved H-1B petition for “initial employment” in 2006. Petitions approved for “continuing employment” would include both H-1B renewals by that same employer and individuals who had been working on H-1B status for another employer.

    Pages 11-12

    Critics charge that “most” H-1B visas are used by companies that engage in “outsourcing.” The 10 companies cited in these reports are Infosys Technologies, Wipro Technologies, Cognizant Technology Solutions, Patni Computer Systems, Mphasis, HCL America, Deloitte & Touche, Tata Consultancy Services, Accenture and Satyam Computer Services.

    WIPRO LTD. 3,143
    INFOSYS TECHNOLOGIES LTD. 3,125
    TATA CONSULTANCY SERVICES LTD. 2,754
    SATYAM COMPUTER SERVICES LTD. 1,753
    PATNI COMPUTER SYSTEMS INC. 969
    COGNIZANT TECH SOLUTIONS U.S. 863
    HCL AMERICA INC. 652
    DELOITTE & TOUCHE LLP 545
    ACCENTURE LLP 519
    MPHASIS CORP. 445

    Total 14,768
    The 10 companies cited most by critics used less than 14 percent of new H-1B petitions approved in 2006 for initial employment (new hires who were not in H-1B status for a prior employer), according to USCIS.
    The new H-1B professionals hired in 2006 by these global companies totaled fewer than 15,000, representing less than 4 percent of the approximately 440,000 people employed by these 10 companies worldwide.

    It would be difficult to claim such a small number and proportion of employees are leading to the loss of a large number of American jobs, particularly within the context of a U.S. economy producing employment for over 145 million people. In fact, it is not clear it is leading to the loss of any American jobs.
    The vast majority of H-1B visas go to U.S. high tech companies, financial institutions and U.S. universities.
    Senators Grassley and Durbin wrote a letter to the companies on this list with headquarters in India.

    Crackdown on Indian Outsourcing Firms (http://www.businessweek.com/bwdaily/dnflash/content/may2007/db20070515_218119.htm?chan=search) Two senators are probing how Indian outsourcing firms use U.S. work visas, with an eye on new restrictions by Peter Elstrom | Business Week, May 15, 2007
    Lawmakers ask foreign firms for work visa data (http://immigrationvoice.org/forum/showpost.php?p=63251&postcount=896) By Donna Smith, Reuters, Monday, May 14, 2007
    Senators questioning tech company use of H1-B visa program (http://immigrationvoice.org/forum/showpost.php?p=63122&postcount=892) By Suzanne Gamboa | Associated Press, 05/14/2007





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  • unitednations
    03-26 04:26 PM
    That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.

    It isn't always to "get back" at the employee.

    That being said, UN, I would love to hear your thoughts on this situation,

    Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).

    Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.

    That person after a while decides to go back to employer X (485 is still pending) under AC21.

    Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.

    Thanks in advance for sharing your opinion on this.

    I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.

    However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.

    There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.

    From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.



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  • gc_check
    04-07 07:42 PM
    H1B program for sure needs to be reformed, a constructive reform, not the one we see in this bill now. Some of the items in bill would indirectly kill the program than reform it. I'm very concerned, given the current situation; the H1B numbers running out on the opening day itself, this bill might get some consideration and attention. At least if we manage a get a clause that allows people with approved I-140 or labour apply for AOS, even when the EB Visa numbers are not available will help many many members of this group. Atleast you can get an EAD and get out of this H1B mess...

    Every one going through this process have a moral responsibility and have to do their part, Even if not part of the core, we need to atleast email, mail or call Senator/Congressmen office when required and contribute what you can to IV to help the folks who put in their precious time and work more or less full time on time, in spite having their own family and full time work.





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  • nogc_noproblem
    08-07 12:02 AM
    Poland�s worst air disaster ever occurred today . . .

    . . . When a two passenger Cessna 250 crashed into a large cemetery just outside of Warsaw.

    So far, 367 bodies have been found and authorities indicate the count could rise as digging continues.



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  • BMS
    07-10 02:19 PM
    After going through this post
    I checked my I 94 last entered in 2006 it has different number than other I 94
    I am working with only one company since 2004
    They wrote company name src number correct on I 94
    but number is not same as the one on I 797 bottom totally different

    should i get it corrected ? How





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  • Tito_ortiz
    01-03 03:06 PM
    Listen to this, The US attacked Iraq and that accomplished exactly what the terrorists want. Terrorists want to see chaos and disruption. I believe the US is losing the war on terror and the results from the failed Iraq invasion can get worse, since that may have generated one dozen Jihad style attackers to be unveiled in 5-20 years from now.

    India should not attack Pak and spend tons of money like the US did. Instead, invest all that money in secret services and let them penetrate the enemy line. Let the secret service perform a detailed investigation of sources, then apply snipers or other ways to take perpetrators down.

    The last thing we need now with this dreadful economy is another war. Palestinians are already starting the whole fire again. We do not need one more war.





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  • bobzibub
    01-07 05:54 PM
    All communists (left) people cannot digest happenings in the new world. Communism & its extremists are a cancer in the last century, by God's grace is over. Now Islamic terrorists are the new avatar. Their fate will be same as communists. This guy get money to write article and book for them,

    "extremists are a cancer"





    gc_on_demand
    08-05 02:21 PM
    Solution to all this is HR 5882. Even if will not make date current for all it will clear major backlog so people will see some hope in next year

    Please call your lawmakers and educate them ... once we reach house floor we might not have time to call all lawmakers.





    texcan
    08-05 04:05 PM
    Sorry , you can't hide your passive aggressiveness :)
    AS I mentioned on other occasions this whole process is screwed up. it gets you worked up when some one compares this (PD recapture) to labor selling. IT IS NOT.

    To answer what does one get by comparing the job duties : It gives a lot. It gives EB2 classification only to those who deserve it. I wish the rules are much stricter.So that those who can claim they are EB2 are really entitled to be EB2.

    There is so much dirty laundry and not good to bring that in public. But if this law suite goes , it does not take very long to show how genuine some EB2s are.

    I agree, I am no saint, i have my shortcomings; actually more than i would like.
    My point is please listen to others folks, and be nice.
    We really cant get anything done hereby arguing.



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