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  • Ramba
    08-05 02:28 PM
    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:

    Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..





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  • Macaca
    07-08 09:29 AM
    googled it and found the link..it might be helpful to many folks..

    http://www.ilw.com/seminars/august2002_citation2b.pdf
    This ia an Aug 2001 report. Hope it is current!

    Is it authentic if written by lawyers? Thanks





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  • GCNirvana007
    03-23 01:06 PM
    well..I guess..I will take Infopass and checkout whats going on..
    I know my file is at local office..not sure if they transferred it back to NBC or TSC..(atleast there are no LUDs)..

    and I hope whoever called me can see it in their system that this case is pending at local office..so dont know why they wanted all the detailsfrom me rather than taking from the file..may be thats how they work..


    but I am heading to Infopass have enough doubts now :cool:

    Hope you get a knowledgable IO at the infopass. During my infopass, i taught something new to the IO about immigration !.





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  • nojoke
    04-15 04:18 PM
    Yes I have been reading some pretty bizarre responses. Apparently if you own a bigger house, you suddenly become incapable of giving your child love. Well, you learn something new everyday.

    It would look bizarre if you take the statements out of context. That statement is made to show that bigger house doesn't always give happiness. Because you would need to work harder to pay for the mortgage that you may not have quality time to spend with your kids. This is the context. Again I qualified the statement with "always".



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  • GCwaitforever
    07-15 07:06 AM
    May be we should start an advisory service for H-1B immigrants on their rights, how to fight abusive employers etc ... Best way to go would be setting up a non-profit with initial discussions happening in a local community center hall (Church, Mosque, temple, public library, or even a local cafe). We could even recruit a kind-hearted lawyer on pro-bono basis. When we open chapters at every city where immigrant population is clustered, this will cover most of the immigrants.

    We are wondering why IV is not getting enough members enrolling. Setting up this non-profit would be a step in brining activisism in EB immigrants and from then on, they will be readily participating in fighting for their rights. Then we would have a grassroot support organization. Any thoughts/comments, please let me know.





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  • nogc_noproblem
    08-05 12:27 PM
    Five Englishmen in an Audi Quattro arrived at an Irish border.

    Checkpoint Paddy the officer stops them and tells them: "It is illegal to put 5 people in a Quattro, Quattro means four".

    "Quattro is just the name of the automobile," the Englishmen retorts with disbelief "Look at the papers: This car is designed to carry five persons".

    "You can not pull that one on me," replies Paddy "Quattro means four You have five people in your car and you are therefore breaking the law"

    The Englishmen replies angrily, "You idiot! Call your supervisor over I want to speak to someone with more intelligence!".

    "Sorry," responds Paddy, "Murphy is busy with 2 guys in a Fiat Uno"



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  • dontcareanymore
    08-05 02:16 PM
    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:

    And let me add another twist to the story.

    The Guy with Masters degree is working with a desi sweatshop and convinced his masters (No pun) to file for Eb2 even though his job duties were just dish out code like a high school grad can do. On the other hand there was another guy who was in US for a decade , gone though masters degree and got a very good job in a very good company. He was eligible for EB2 but his only mistake was to not force the company to file a EB2 case or even worse his lawyer makes a mistake and files under Eb3 even though the job he was in and he are qualified as Eb2. The company wants to make amends now by filing a EB2 case and first MS guy (sweatshop guy) wants him to start again and wait for another decade.

    The kicker : The sweat shop labor guy works in the same company as contractor and reports to the second guy and in the same reporting chain, just two levels below him.



    How about another story :

    Both guys go to the same engg school back home. One guy passed with distinction and got a job immediately in a respectable company immediately. Other guy takes two additional years to finish the degree , but his dad was rich enough to send him to the US to complete the MS and now he thinks he is smarter than every one else and needs a special place in the queue.


    You can come up with 100s of stories if not more. Therefore you can't generalize. Just don't think all those who filed under EB2 first are with MS and smarter than others and all those who are Eb3 are here by shady means.





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  • GCapplicant
    09-26 09:52 AM
    It's really too early to pass judgements What will happen if he comes?
    It's sheer poilitics .Immigration discussion is a hot importat topic before election.They can't take chances by supporting this,They have to consider their members first.DEMS major leap after 10 years break.It is going to be good for everyone.

    After election is the main chapter.DOL has already agreed they have wasted visas as per OH Law breaking news recently.

    Be positive that 2009 will help us all.This negative statement will misdirect our thought.We have our EAD ,Atleast thanks for the Fiasco,we filed out 485.

    It's only the visa numbers...if not 1 year,it will be on the road by two years.Cheer up...I myself have negative feelings what will happen to my family future here.I just talk to myself,Whether I have to apply for Canadian PR for back up.It sure does kill our minds.

    Cheer up...We all will be safe by 2009.It will move faster.

    EB3 I 2004 Jul.



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  • sanju
    12-19 10:18 PM
    Looks like time to shutdown IV site..

    I suggested long time back .. do not allow anyone to start the threads ..

    Only allow users who are active contributors to IV budget.


    Now this site is becoming like yahoo chats ...

    God help Immigration community ...

    EB3 is not moving ...EB2 dead stop ...


    sriramkalyan,

    I find it irritating that every now and then, some tom dick and harry comes to these forms and say - "time to close down" whenever you see something that you don't like. Frankly, this shallow view and negative attitude is irritating.





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  • sledge_hammer
    03-24 07:54 AM
    Thanks for your insight. Its about time most of us here understand not to take immigration rules lightly, and I've been preaching this for the longest time already!

    People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.

    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.



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  • riva2005
    04-06 09:06 PM
    you need to touch the bottom of barrel to go on another direction, this will be the bottom of the barrel I suppose

    these protectionist will realize as many H1B dependent companies virtual outsource all there jobs

    well in all seriousness I don't think this bill will be passed in senate,

    This bill may not be introduced in its current form anywhere.

    But I am sure they are going to use this bill to pull sections out of it and introduce it as amendments. Both sponsors of this bill are Judiciary committee. That makes it possible for them to put amendments not just on the floor, but also in the committee. If they think whole bill will not pass as a single amendment, they will put small pieces of it so that it can pass the roll-call one piece at a time.





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  • dealsnet
    01-08 03:05 PM
    You think about using brain by them?? You kidding???
    Blind following the blind.

    What did they invent in this world.?
    May be using kids as suicide bombers.
    You may remember first attempt for Benezer's life by giving a 3 month old child covered with bombs, and it explode before she touched the child??


    All the religeous books were written based on contemporary circumstances. I have a friend named Mansuri, mentioned to me once why muslims don't eat turtles:

    "Few animals with hard shell were not hygenic or dangerous like crocodile. It was difficult to explain each animal separately to common people. So Mohammad advised that animals with hard shell should not be eaten. "

    Another one told by my friend Maqsood:

    "There were lots of cabella wars going on at the time of Mohammad. The prophet allowed to have more than one wives so that those ladies don't go on wrong route like prostitution. "


    Above examples seem acceptable over that time. At today they are not relevant anymore. Some people still want to follow the same words spoken 1300 years before literally without applying a slightest brain. They are abused and misguided by some selfish Mullahs who have their own agenda in life.

    Rather than abusing entire community, need to educate "spoiled kids" how they are misguided in current time. Unfortunately percentage of "spoiled kids" are very high as I mentioned in one of posts before.



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  • anandrajesh
    03-25 05:06 PM
    lol...you are right..

    but dont know... I am going by hunch..I hope not to regret..:)

    Sometimes you listen to your heart and take a decision
    Sometimes you listen to your brain and take a decision.

    I believe this situation should warrant you to listen to your brain and hire a good attorney.
    Dont go by your hunch (or heart). Again a friendly advice because there is just too much at stake.

    Good luck no matter what you decide.





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  • suavesandeep
    06-26 03:05 PM
    Would you share what calculator are you using.

    I used one here:
    Mortgage Calculator - Bankrate.com (http://www.bankrate.com/calculators/mortgages/mortgage-calculator.aspx)

    Loan Amount: 600K (Note much less than million dollars)
    Period: 30 years fixed
    Interest Rate: 5% (On the lower side using historical averages)
    Monthly Payment: 3220.93

    Total Interest Paid across 30 years: 559,534.71

    In general the thumb rule is across 30 years you will always pay interest which is approx equal to the principal you signed up for.

    Am i missing something here ?



    Yes its not clear cut but lets replace your X, Y and others with numbers

    Suppose your rent is 1500$ a month

    You pay 540,000 $ in 30 years

    so your point 1 - the interest payment is always going to be less than rent if you look over the 30 year term of mortgage since there is no way to pay 540,000 dollars in interest in 30 years looking at the amortization table unless you are buying a million dollar plus house. ( I assumed 5 % rate of interest )



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  • Macaca
    12-28 07:39 PM
    All India Radia (http://timesofindia.indiatimes.com/home/opinion/edit-page/All-India-Radia/articleshow/7179711.cms) By Jug Suraiya | Times of India

    Far from subverting democracy lobbyists help to promote it

    Niira Radia should be given the Padma Shrimati next year. As each new tranche of the leaked tapes of Radiagate are made public it becomes increasingly clear that, far from sabotaging India's democracy, the lobbyist was actually furthering its cause.

    Though Radia's method of operation - which reportedly involves large-scale hawala transactions - was often dubious, there is nothing wrong with her broad strategy to influence public policy by inducing media people and other opinion makers to get A Raja the telecom portfolio. That his appointment - at least partly engineered by Radia - led to the 2G scam is another matter.

    Lobbying - or what is often called public advocacy - is a perfectly legitimate, and indeed necessary, component of any democracy. In the US, for example, it is considered to be a high-profile and respectable profession made use of by everyone who would like to have a say in the framing of official policy. New Delhi has often employed US lobbyists to try and influence Washington's policies vis-a-vis Pakistan and Kashmir, among other things. In the US, there are accredited lobbyists for all manner of issues and individuals, from the right to bear arms to candidates for Senate seats.

    If looked at in its broadest sense, what does lobbying boil down to? Nothing more, or less, than trying to get people to see your, or your client's view. All public relations exercises - be they for business interests or causes like animal welfare or AIDS prevention - are examples of lobbying: they are attempts to get the members of the public to change their ways of thought and action in particular spheres of interest or concern.

    Similarly, all forms of advertising - and no media product, including this newspaper, could remain economically viable were it not for advertisements - are lobbying by another name. Advertisements try to persuade you to buy a particular product or service. A successful ad, a lobbying exercise that has worked, is one that makes the maximum amount of money for the advertiser, the client of the lobbyist, in this case the advertising agency. The most successful ads - the ones that have been most persuasive in changing public behaviour and thinking - are annually honoured by receiving awards given by the industry.

    All politics, and not just at election time, is nothing but lobbying in its most blatant form. In a democracy, it is expected of all political parties to shape or transform public policy through competitive lobbying of the electorate via election manifestos and professed agendas. The voter is seduced, persuaded, bribed by all sorts of promised inducements, often in the form of cash subsidies or tax breaks, to support this or that party or candidate. There is the Election Commission to see there is no hanky-panky or rigging at the time of polling. But no Election Commission can compel a political party or candidate to make good on election promises - i.e., bribes in one form or another - once the balloting is over.

    If politics is unadulterated lobbying, and it is, so is the media. All reporters and commentators - in the press, or on TV or radio, even those considered too insignificant to have been approached by Radia - try to shape public opinion, and through that try to influence official policy by having public pressure put on it, according to their own views, opinions and interests, or those of the organisations that employ them.

    Indeed, democracy with all its components - media, market and elective politics - is a vast enterprise in lobbying, a never-ending argument between competing interest groups to change public policy to suit their own ends.

    Radia's only fault was getting caught. But for having forced us, however unwittingly, to take a long hard look at our democracy and what it really means, she needs a commendation. Padma Shrimati? Heck, make her Woman of the Year. She deserves it. Or rather, we deserve her.



    An inconvenient truth (http://blogs.timesofindia.indiatimes.com/Masquerader/entry/an-inconvenient-truth) By Anoop Kohli | Times of India





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  • dealsnet
    01-07 08:21 PM
    Our leaders have no guts to speak to these people.

    You know what is your problem?
    From Ottaman, Genghis khan, Temur, to recently Laden all did terrorism to innocent people. When any person or nation protect this terrorism, you guys calling them terrorist!! Bush senior and Bush junior punish terrorist act, you are calling them terrorist. When Israel give answer, you are calling terrorism. When Narendra Modi react against Muslim terrorism, you calling him Terrorist. You guys only like people who don't give answer like current Indian government.
    Now world has changed attitude. World has decided to compromise on Human right to fight with terrorism. Earlier only Israel has policy but after 911, many countries have policy not to negotiate with Plane Hijackers.

    Now read following Australian PM's statement and call him terrorist. You if don't change your mind set, one day you will find board at every country; "Muslims are not welcome"
    Read this Australian PM's bold statement.

    Prime Minister John Howard - Australia

    Muslims who want to live under Islamic Sharia law were told on Wednesday to get out of Australia, as the government targeted radicals in a bid to head off potential terror attacks.


    Separately, Howard angered some Australian Muslims on Wednesday by saying he supported spy agencies monitoring the nation's mosques. Quote: 'IMMIGRANTS, NOT AUSTRALIANS, MUST ADAPT. Take It Or Leave It. I am tired of this nation worrying about whether we are offending some individual or their culture. Since the terrorist attacks on Bali, we have experienced a surge in patriotism by the majority of Australians.'

    'This culture has been developed over two centuries of struggles, trials and victories by millions of men and women who have sought freedom'

    'We speak mainly ENGLISH, not Spanish, Lebanese, Arabic, Chinese, Japanese, Russian, or any other language. Therefore, if you wish to become part of our society Learn the language!'

    'Most Australians believe in God. This is not some Christian, right wing, political push, but a fact, because Christian men and women, on Christian principles, founded this nation, and this is clearly documented. It is certainly appropriate to display it on the walls of our schools. If God offends you, then I suggest you consider another part of the world as your new home, because God is part of our culture.'

    'We will accept your beliefs, and will not question why. All we ask is that you accept ours, and live in harmony and peaceful enjoyment with us.'

    'This is OUR COUNTRY, OUR LAND, and OUR LIFESTYLE, and we will allow you every opportunity to enjoy all this. But once you are done complaining, whining, and griping about Our Flag, Our Pledge, Our Christian beliefs, or Our Way of Life, I highly encourage you take advantage of one other great Australian freedom, 'THE RIGHT TO LEAVE'.'

    'If you aren't happy here then LEAVE. We didn't force you to come here. You asked to be here. So accept the country YOU accepted.'



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  • unseenguy
    06-23 04:17 PM
    ca_immigrant, you have brought up good points and the sophisticated rent vs buy calculators are available online for free which anyone can run math in 10 mins. Rents are holding steady in CA, so calculations might play a bit differently in CA.

    First of all, 5% is not available today for 30 yr fixed, its more like 5.25%. Another attractive option could be 5 year ARM or 7 year ARM if you can make additional payments for the principal, it will significantly bring down the principal amount owed at the end of first 5 years if you make CONSISTENT (per month) additional payments.

    I live in WA, I searched MLS & zillow for recently sold homes, most homes are going for 15-20% less than owner asked priced. Avg 3 bedroom house price here is 500K.

    1. I do not qualify for tax rebate offered this year due to income level restrictions (spouse works)
    2. Rents in Seattle have fallen steeply. Last year (aug), I was searching for apartment, I was offered at 1600 or 1700. The same apartment is now going for 1450. Some have fallen more steeply upto 1200 of the same class. I can get a very good/posh 2 bedroom apt for 1050 USD per month in today's date if I move out 5 miles more. It was unthinkable in seattle area 1 yr back.

    As you said, monthly payment on a 500 K house comes to around 2750 USD, thats true even in seattle. Thats 1750 USD more than the rent or atleast 1500 USD more than the rent.

    The gamble would be to stay in 1050 rent house for 2 more years and save bigger nest for downpayment. And prepare for the prices to fall more. say 25% more.

    Even if I offer current owners 20% less , the math does not make sense for me. Hence I am expecting 30% -35% correction from current expectations of the owners.

    Dont get me wrong, the owners would still be making a profit on homes constructed before 2003 even if there were 30% more correction.

    One thing we all know for sure is , home prices are not about to go up spectacularly. Maybe 30-40 K up in 2 years from now. When you are thinking of 10-20 year deals, thats not a lot, its peanuts :)

    As of now, I am thinking of buying a nice car instead of a house, since I can talk down car owners equally and since my GC is in geopardy, buying a car for now makes better sense. :)

    As someone said we should consider luxury of a house. I have rented one townhome for 1500 a month for which my neighbour is making 2800 USD payment, go figure :)





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  • nanban007
    07-14 12:56 PM
    I am a silent viewer all these days. My PD is DEC 2001 EB3-I. Thanks for the letter and I will send it today . Let us try our best. Cheers, Nanban





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  • sledge_hammer
    03-24 12:26 PM
    I have full sympathy for anyone that has not broken any laws including OP and 'leoindiano". If I had the powers to approve green cards, I would give them away to him and his brother!

    The problem here is no one (consulting company/employee) bothered to make sure that a person on H-1B was allowed to do consulting. I'm not sure who dropped the ball - companies, employees, or the immigration lawyers. But someone should have raised a flag when the type of job was really a temp job. Unfortunately that did not happen.

    Now that the damage has been done, and USCIS is coming after such folks, they are upset that it is happening to them. Again, do note that I am not saying the consultants themselves are less skilled than anyone with FT job. I'm just saying that at the time they got into consulting they did not think of the various consequences. Maybe because no one ever thought that working at different locations, benching, temp nature of the jobs were all against H-1B visa rules?

    You get my point?

    face it as long as the economy is tanking this is going to be an ongoing debate. Everything goes thorugh stages of high and low and we are now expereincing the lows of having the h1b's.

    Sledge While your points are valid, remember folks do not choose consulting (nor do students) as a first choice but I have friends who were employed without any issues directly with client companies who in the midst of recession decide to fire everyone. What are you options if your GC is denied because the company declared bankruptcy? How do you justify to yourself staying with the employer when they files you under Eb3 category when you a master's degree holder from one of the 10 best universities in the US? What are the employee choices here, just pack up and leave? leave houses, friends and people you stayed with many years.

    You think they haven't searched for full time positions with other companies only to be turned back? or worse case restart the entire GC process and forgo the 6+ years?

    And the experiences I am relating are from the 2001 recession. I have already seen history repeat itself now but my more fear is that tomorrow USCIS will unfortunately hit the person who followed all the rules After all how is the USCIS knowing which are the good companies and which are bad? These very things are happening and very much can happen to you as well. Do not sit on a high perch and think it will not trickle down to me





    vdlrao
    07-13 09:48 AM
    EB3-I..please print the attached word doc and sign and mail it to Department of state..this week

    Moderator could you makes this Sticky please


    Hi Pani, people like you could change the system. You have done really a nice job.





    Legal
    08-08 02:23 PM
    You MUST read them out loud

    1) That's not right ................................... Sum Ting Wong
    2) Are you harboring a fugitive?................. Hu Yu Hai Ding
    3) See me ASAP....................................... Kum Hia Nao
    4) Small Horse ........................................ Tai Ni Po Ni
    5) Did you go to the beach? ...................... Wai Yu So Tan
    6) I think you need a face lift .................... Chin Tu Fat
    7) It's very dark in here ............................Wai So Dim
    8) I thought you were on a diet ..................Wai Yu Mun Ching?
    9) This is a tow away zone .........................No Pah King
    10) Our meeting is scheduled for next week ..Wai Yu Kum Nao?
    11) Staying out of sight ..............................Lei Ying Lo
    12) He's cleaning his automobile ..................Wa Shing Ka
    13) Your body odor is offensive ....................Yu Stin Ki Pu

    :D

    :p



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