puddonhead
07-07 11:20 AM
At least one of the big Indian outsourcers have recently done an internal audit to identify all L1s all over USA who were working under "client management". They are in the process of either sending them back to India immediately or filing H1s for them.
I heard this from one of my aquintances who was on L1 and is getting converted to H1. He was ecstatic about the new job portability that this offers him. I think it will not be an overstatement that the "bonded labor" nature of L1's enable a lot of very subtle discrimination and exploitation because both the employee and his manager knows that he has nowhere else to go. So this is a very positive step indeed.
If all the Indian companies themselves take steps to address this fraud - then that is probably the best non-disruptive solution that is there for this problem.
I heard this from one of my aquintances who was on L1 and is getting converted to H1. He was ecstatic about the new job portability that this offers him. I think it will not be an overstatement that the "bonded labor" nature of L1's enable a lot of very subtle discrimination and exploitation because both the employee and his manager knows that he has nowhere else to go. So this is a very positive step indeed.
If all the Indian companies themselves take steps to address this fraud - then that is probably the best non-disruptive solution that is there for this problem.
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saimrathi
07-10 12:50 PM
Any updates to this.. This was like hours ago..
News from the front line
by english_august
Siva tells me that hundreds of flowers have been delivered already. DHL made a big delivery this morning. Another delivery was made by UPS.
They have Voice of America and CNN-IBN there recording video and taking pictures. Reuters TV might show up soon.
Kudos to everyone who kept the faith.
News from the front line
by english_august
Siva tells me that hundreds of flowers have been delivered already. DHL made a big delivery this morning. Another delivery was made by UPS.
They have Voice of America and CNN-IBN there recording video and taking pictures. Reuters TV might show up soon.
Kudos to everyone who kept the faith.
admin
01-04 05:11 PM
I have filed my green card with her. But in all our discussions she has sided with my company's interest over mine. In fact in one of our FYI meetings, she said that getting the green card faster would not be good for companies as people would quit after that. So I am not sure whether she will take up the cause but we can try.
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leoindiano
10-22 10:07 PM
my case assigned to IO on sept 17th. still waiting.
Got biometric code 3 notices on 23rd. got it done on 29th. RD august 3rd. ND Oct 11th.
Senator, infopass, lawyer follow up got the file assigned to IO.
You can lead a horse to water, but you can't make him drink
Got biometric code 3 notices on 23rd. got it done on 29th. RD august 3rd. ND Oct 11th.
Senator, infopass, lawyer follow up got the file assigned to IO.
You can lead a horse to water, but you can't make him drink
more...
cse_us
03-25 03:50 PM
Kaiser started this new rule to not hire folks on EADs as of last week.
I thought, this may be the work of various vendors who fear of losing lot of their employees jumping to the Client as Full time employees. Dont know actual reason yet.
I thought, this may be the work of various vendors who fear of losing lot of their employees jumping to the Client as Full time employees. Dont know actual reason yet.
kewlchap
10-10 06:33 PM
Folks,
Got the email about being registered as a new permanent resident on Oct 8th. Thanks to SoP, caliguy, fatjoe and all others on the forum who helped / gave me support. I essentially learned that USCIS will not move quickly on their own, they need to be pursued just like any other govt. office in India. I give my time line below for an idea of what I did. If anyone is waiting still, I sincerely think that you should do all of POJ/SR/Infopass/Senator/Ombudsman.
Timeline:
Sept 1st - became current
Sept 5th - contacted NSC several times through POJ. Finally, a very nice lady told me that my case was not even assigned to an officer. Said that she will send in a request to the contractor to pull my case out and get it assigned to an officer.
Sept 11th - Case pulled out of storage area and moved to a smaller waiting room [got this info later, but this is what had happened]
Sept 13th: Opened SR.
Sept 18th - Infopass: Told me that my case was assigned to an officer on Sept 11th (which was wrong really) and that I should wait 30 days. Also told me that my FP were renewed on March 9th and all my checks were clear.
Sept 20th: Contacted Senator's office. Said they will send in inquiry.
Sept 25: Response to SR. Case under review. Wait 30 days.
Sept 27th: Letter from Senator saying my case was under review and I need to wait 30 days.
Oct 2nd: Contacted NSC again through POJ method. A nice lady, Terry, told me that my case was assigned to officer on Sept 30th. She said, "your case was pulled out of storage and put in a rather large holding area where it was till Sept 30th." Also confirmed that my FP was renewed and other checks were clear. Said, just wait, it will happen soon.
Oct 6th: Sent 7001 form to USCIS Ombudsman.
Oct 8th: Got decision email.
Learnings: Pursue your case as much as you can. Call NSC, but be polite. They are usually in good mood on Thu/Friday evenings and if you make some small talk, they will help you. I kept records of which NSC IO is rude and if they picked up the next time, I would just keep the phone down. In fact, the lady who helped me remembered me 'coz I managed to reach her 3 times. Dont just ask for status, say that you have called in the past and so far you know xxxx about your case. Some IOs are nice, some are rude. Nice ones actually tried to explain the entire storage area, holding area, supervisor supply chain to me. I think I kind of understand the process that happens at NSC just through these conversations now. Approach Ombudsman asap with form 7001. Call your Senator office and ask to speak to the immigration person. They are very understanding and will help you.
Long-ish email, but thought that I will put it out there, and it might help someone stuck in this morass. If you need more info, ask me / PM me. I will be around these forums for some more time.
Got the email about being registered as a new permanent resident on Oct 8th. Thanks to SoP, caliguy, fatjoe and all others on the forum who helped / gave me support. I essentially learned that USCIS will not move quickly on their own, they need to be pursued just like any other govt. office in India. I give my time line below for an idea of what I did. If anyone is waiting still, I sincerely think that you should do all of POJ/SR/Infopass/Senator/Ombudsman.
Timeline:
Sept 1st - became current
Sept 5th - contacted NSC several times through POJ. Finally, a very nice lady told me that my case was not even assigned to an officer. Said that she will send in a request to the contractor to pull my case out and get it assigned to an officer.
Sept 11th - Case pulled out of storage area and moved to a smaller waiting room [got this info later, but this is what had happened]
Sept 13th: Opened SR.
Sept 18th - Infopass: Told me that my case was assigned to an officer on Sept 11th (which was wrong really) and that I should wait 30 days. Also told me that my FP were renewed on March 9th and all my checks were clear.
Sept 20th: Contacted Senator's office. Said they will send in inquiry.
Sept 25: Response to SR. Case under review. Wait 30 days.
Sept 27th: Letter from Senator saying my case was under review and I need to wait 30 days.
Oct 2nd: Contacted NSC again through POJ method. A nice lady, Terry, told me that my case was assigned to officer on Sept 30th. She said, "your case was pulled out of storage and put in a rather large holding area where it was till Sept 30th." Also confirmed that my FP was renewed and other checks were clear. Said, just wait, it will happen soon.
Oct 6th: Sent 7001 form to USCIS Ombudsman.
Oct 8th: Got decision email.
Learnings: Pursue your case as much as you can. Call NSC, but be polite. They are usually in good mood on Thu/Friday evenings and if you make some small talk, they will help you. I kept records of which NSC IO is rude and if they picked up the next time, I would just keep the phone down. In fact, the lady who helped me remembered me 'coz I managed to reach her 3 times. Dont just ask for status, say that you have called in the past and so far you know xxxx about your case. Some IOs are nice, some are rude. Nice ones actually tried to explain the entire storage area, holding area, supervisor supply chain to me. I think I kind of understand the process that happens at NSC just through these conversations now. Approach Ombudsman asap with form 7001. Call your Senator office and ask to speak to the immigration person. They are very understanding and will help you.
Long-ish email, but thought that I will put it out there, and it might help someone stuck in this morass. If you need more info, ask me / PM me. I will be around these forums for some more time.
more...
immigrationvoice1
03-24 01:48 PM
Its been over 3 hours now that I informed CapitalOne that the discrimination is illegal. And as expected, no reply received yet.
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psaxena
06-10 02:01 PM
If your so called L1 brothers are not helping us by going thru the process.. why the hell do we help them.. Over that, these suckers always try to push us down whenever they get a chance , as they just don't want to and cannot empathize with our situations. People like these are the cause of the most of the trouble that we have everywhere in the world. They should learn, that the whole world follows "How to get in line".
STOP SUPPORTING THOSE SUCKERS.. THEY NEVER AND WILL BE OF ANY HELP TO YOU OR ANYONE ELSE.
L1FRAUD.. you had been talking a lot. have had you formally filed the complaint. even if you are a tunnel rat, i dun mind i always support what is right.. even if you are tunnel rat , unfortunately still I agree with you.. as for the first in your whole life you are right.
People please stop posting against our L1 brothers.
Just because you are not getting your own greencard fast enough, you are posting against L1s. If you had an opportunity, you will also apply as L1 for greencard. Did you all not try for Labor Subs? Antis are posting such messages to provoke you. If they want to report, let them report. Why creating fake profiles and posting against our L1 brothers.
STOP SUPPORTING THOSE SUCKERS.. THEY NEVER AND WILL BE OF ANY HELP TO YOU OR ANYONE ELSE.
L1FRAUD.. you had been talking a lot. have had you formally filed the complaint. even if you are a tunnel rat, i dun mind i always support what is right.. even if you are tunnel rat , unfortunately still I agree with you.. as for the first in your whole life you are right.
People please stop posting against our L1 brothers.
Just because you are not getting your own greencard fast enough, you are posting against L1s. If you had an opportunity, you will also apply as L1 for greencard. Did you all not try for Labor Subs? Antis are posting such messages to provoke you. If they want to report, let them report. Why creating fake profiles and posting against our L1 brothers.
more...
jungalee43
09-09 04:17 PM
I am surprised that all other threads are getting updated quite frequently. People are posting question related to their RFE and as usual once they get answer to their problems, they vanish. People are posting jokes on IV, but when it is their turn to call, we've to "bump" this thread and send e-mails to members. So pathetic.
I felt very sad when I read 30000+ members donated some 4000 dollars in last two months. I felt my donation of about 1000 dollars since 2006 is being wasted to answer questions of or to solve the problems of these free riders &/or one question members.
I felt very sad when I read 30000+ members donated some 4000 dollars in last two months. I felt my donation of about 1000 dollars since 2006 is being wasted to answer questions of or to solve the problems of these free riders &/or one question members.
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l1fraud
06-14 12:07 AM
I understand your point. But this is exactly what anti-immigrants complain about H1Bs. ( depressing wages, outsourcing etc)
It is interesting that we are using anti-immigrant's arguments to pin L1s.
Thats NOT the key here ... its about violating current laws and regulations, do what ever you want offshore/outsource/onshore ...what ever, violating the rules and act of fraud is NOT ACCEPTABLE in any circumstances and we are pretty sure that ICE/USCIS and other agencies would have the same view.
It is interesting that we are using anti-immigrant's arguments to pin L1s.
Thats NOT the key here ... its about violating current laws and regulations, do what ever you want offshore/outsource/onshore ...what ever, violating the rules and act of fraud is NOT ACCEPTABLE in any circumstances and we are pretty sure that ICE/USCIS and other agencies would have the same view.
more...
smaram1
08-18 09:33 AM
Anil....your prediction stands good...i also got approval emails exactly 2 weeks after assigning to IO...
13 year GC wait ends here ....just now got CPO....
13 year GC wait ends here ....just now got CPO....
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acecupid
08-21 12:51 PM
I just received my 2 year EAD. Priority date is Nov 2002 - EB3 -India. Well I guess that says it all. If USCIS thinks that Nov 2002 will take at least another 2 years then I dunno what about the rest. I didn't wanna think about EB2 porting being so close and spend another 10k, I guess just need to stop worrying about it now. :)
It will be 10K spent well if you decide to do that!
It will be 10K spent well if you decide to do that!
more...
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pappu
01-07 07:11 PM
LETTER TEMPLATE #3
<<DATE>>
The Honorable George W. Bush
President of the United States
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Dear Mr. President:
My name is <<FIRST NAME>> <<LAST NAME>> and I have been living as a tax-paying and law-abiding individual in the United States since <<YEAR>>. I work for <<COMPANY>> in <<CITY>> <<STATE>> as <<JOB TITLE>>. Although my employer intends for me to continue working permanently, the green card process so severely backlogged that I will wait another <<EXPECTED WAIT YEARS>> before becoming a permanent resident of the United States.
Waiting in this probationary limbo is really starting to affect the quality of my life. It is an unnecessary burden to keep renewing temporary visas year after year and face an element of risk every time I return from international travel; but the worst of all is that wait times are becoming longer and longer, sometimes 6-12 years, and I will be forced to start the entire process over again if I choose to accept a promotion anytime in between. The broken legal immigration system is badly in need of fixes.
Mr. President, your Domestic Policy Council has recognized the importance of employment-based immigration in the February 2006 report on the American Competitiveness Initiative which states:
"The President also recognizes that enabling the world's most talented and hardest-working individuals to put their skills to work for America will increase our entrepreneurship and our international competitiveness, and will net many high-paying jobs for all Americans. The United States benefits from our ability to attract and retain needed immigrant and non-immigrant students and workers, and it is important that America remains competitive in attracting talented foreign nationals."
I appeal to you, Mr. President, to facilitate the retention of the best and brightest from around the world by executing the following administrative fixes as an immediate interim measure:
• Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.
• Revise the administrative definition of "same or similar" to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.
• Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.
• Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.
• Allow visa revalidation in the United States.
• Reinstate premium processing of Immigrant Petitions.
I am only one among over 500000 highly skilled immigrants represented by Immigration Voice, and we are all counting on you to give us this much needed breathing room while we wait in line to live our American dream.
Thank you very much for considering my requests.
Yours Sincerely,
<<NAME>>
<<ADDRESS>>
<<PHONE NUMBER>>
<<DATE>>
The Honorable George W. Bush
President of the United States
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Dear Mr. President:
My name is <<FIRST NAME>> <<LAST NAME>> and I have been living as a tax-paying and law-abiding individual in the United States since <<YEAR>>. I work for <<COMPANY>> in <<CITY>> <<STATE>> as <<JOB TITLE>>. Although my employer intends for me to continue working permanently, the green card process so severely backlogged that I will wait another <<EXPECTED WAIT YEARS>> before becoming a permanent resident of the United States.
Waiting in this probationary limbo is really starting to affect the quality of my life. It is an unnecessary burden to keep renewing temporary visas year after year and face an element of risk every time I return from international travel; but the worst of all is that wait times are becoming longer and longer, sometimes 6-12 years, and I will be forced to start the entire process over again if I choose to accept a promotion anytime in between. The broken legal immigration system is badly in need of fixes.
Mr. President, your Domestic Policy Council has recognized the importance of employment-based immigration in the February 2006 report on the American Competitiveness Initiative which states:
"The President also recognizes that enabling the world's most talented and hardest-working individuals to put their skills to work for America will increase our entrepreneurship and our international competitiveness, and will net many high-paying jobs for all Americans. The United States benefits from our ability to attract and retain needed immigrant and non-immigrant students and workers, and it is important that America remains competitive in attracting talented foreign nationals."
I appeal to you, Mr. President, to facilitate the retention of the best and brightest from around the world by executing the following administrative fixes as an immediate interim measure:
• Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.
• Revise the administrative definition of "same or similar" to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.
• Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.
• Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.
• Allow visa revalidation in the United States.
• Reinstate premium processing of Immigrant Petitions.
I am only one among over 500000 highly skilled immigrants represented by Immigration Voice, and we are all counting on you to give us this much needed breathing room while we wait in line to live our American dream.
Thank you very much for considering my requests.
Yours Sincerely,
<<NAME>>
<<ADDRESS>>
<<PHONE NUMBER>>
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desi485
11-18 04:14 PM
Hi guys,
I sent in the four letters 2 weeks ago and this week I got a mail from TEXAS Service Center. They returned my letter in original and they also wrote a big one page letter.
I don't have it with me right now but in it, it was mentioned that "Please call us at our inquiry center if you have any inquires or you can check your status online as well as the recent processing times.
Don't know if others are also receiving the same returned mail but I wanted to let you guys know this as an FYI.
It does not seem like the letter reached the person to whom it was directed to.
did you emailed to ombudsman also? any replies from him?
I sent in the four letters 2 weeks ago and this week I got a mail from TEXAS Service Center. They returned my letter in original and they also wrote a big one page letter.
I don't have it with me right now but in it, it was mentioned that "Please call us at our inquiry center if you have any inquires or you can check your status online as well as the recent processing times.
Don't know if others are also receiving the same returned mail but I wanted to let you guys know this as an FYI.
It does not seem like the letter reached the person to whom it was directed to.
did you emailed to ombudsman also? any replies from him?
more...
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americandesi
03-26 02:53 PM
I was thinking exactly like you until she educated me on this yesterday.
The problem with the EAD is you are invoking AC21. There are several possible problems here including
1. Complying with AC21 requirements of job code, 180 days after 485 RD, etc.
2. Invoking AC21 without 140 approval. This is not against the law, but is risky in case of a 140 RFE.
There are more reasons, but these ought to provide enough clarity on the problem. It is in the employer's interest to ensure that the candidate does not have any such issues; issues which will lead to termination of employment. The Recruiter cannot check DOL job codes and USCIS documents. That is the job of Legal which means $$$.
So if the hiring manager does not have a budget for these extra costs or if he has an equally good candidate who is a GC holder or a citizen, it is easier to go with him or her.
Agreed. But EAD doesn’t apply to EB based immigrants alone. There are hundreds of thousands of family based immigrants who use EAD until their status gets adjusted and I-140/AC21/180 days etc. are not applicable to them. Same applies to the spouses of EB applicants. In such cases it’s a waste of time/money for the company to consult with the legal department.
I believe it’s the responsibility of the EAD holder to communicate what he expects from the new employer (like AC21) after which the company could decide whether to go with the legal department or not. Just assuming that all EAD cases fall under I-140/AC21/180 days etc. is plain ignorance.
The problem with the EAD is you are invoking AC21. There are several possible problems here including
1. Complying with AC21 requirements of job code, 180 days after 485 RD, etc.
2. Invoking AC21 without 140 approval. This is not against the law, but is risky in case of a 140 RFE.
There are more reasons, but these ought to provide enough clarity on the problem. It is in the employer's interest to ensure that the candidate does not have any such issues; issues which will lead to termination of employment. The Recruiter cannot check DOL job codes and USCIS documents. That is the job of Legal which means $$$.
So if the hiring manager does not have a budget for these extra costs or if he has an equally good candidate who is a GC holder or a citizen, it is easier to go with him or her.
Agreed. But EAD doesn’t apply to EB based immigrants alone. There are hundreds of thousands of family based immigrants who use EAD until their status gets adjusted and I-140/AC21/180 days etc. are not applicable to them. Same applies to the spouses of EB applicants. In such cases it’s a waste of time/money for the company to consult with the legal department.
I believe it’s the responsibility of the EAD holder to communicate what he expects from the new employer (like AC21) after which the company could decide whether to go with the legal department or not. Just assuming that all EAD cases fall under I-140/AC21/180 days etc. is plain ignorance.
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lotsofspace
01-26 10:37 AM
They can make the list more readable by putting something like this
"All African countries except South Africa"
How about "all non-white people require a visa" :)
"All African countries except South Africa"
How about "all non-white people require a visa" :)
more...
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Raju
06-29 03:54 PM
Looks like we are heading towards a nail biting finish here:( :confused: :mad: :o :rolleyes: :eek:
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snathan
04-27 01:39 AM
I totally agree with you. H1b and employment based GC's are so intertwined that they are almost inseparable. For example, you can get H1b extension based on your pending/approved PERM labor or your approved I-140 application. So, any change to H1b will in some way impact the GC process. I'm all for closing the loop holes in H1b provided certain reforms are also made in the EB green card process- like removing per country quotas and may be give EAD upon I-140 approval.
But do you believe they will do any good for us or they are really interest to protect us. Their aim is to divide and rule.
But do you believe they will do any good for us or they are really interest to protect us. Their aim is to divide and rule.
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sunsuri
01-27 10:08 AM
As I said before, I am never going to fly thru UK, even though I sill have a transit visa valid till Nov 2008. I can still feel the pain.
Last time I had travelled by British Airways in 2004 and I have made a resoultion for never tavelling with them again. We had a baby 2 years old and he was cranky and my wife asked airhostess to clean the feeder and she refused, saying that 'Mam we don't do this!'. Point is that they don't treat us well even though they get lot of income on routes to India. Also, look at those crappy old planes they deploy on these routes. As someone else said in this thread that it is time for Indian Govt. to wake up and be stiff on such lapses. I am sure they will listen, as they can't afford to lose big bucks coming from India anymore.
Last time I had travelled by British Airways in 2004 and I have made a resoultion for never tavelling with them again. We had a baby 2 years old and he was cranky and my wife asked airhostess to clean the feeder and she refused, saying that 'Mam we don't do this!'. Point is that they don't treat us well even though they get lot of income on routes to India. Also, look at those crappy old planes they deploy on these routes. As someone else said in this thread that it is time for Indian Govt. to wake up and be stiff on such lapses. I am sure they will listen, as they can't afford to lose big bucks coming from India anymore.
sri1309
08-21 07:39 AM
Guys,
I have once again sent 6 letters by mail to 6 members, but I would like to send to more by email. Can somebody please direct me to how to get those or if you have, please paste it here so that we can start sending emails also.
We must bump up our efforts as much as we can before the Oct bulletin comes out, but EB3 needs to do better. There is not much difference between the two categories when it comes to skill EB2 or EB3. As all of you know, the system is broken. There are Masters degree holders in both categories and experienced categores in both. Not long back we saw Eb3 doing better. This is not right guys,. Lets work together.
EB2 guys( those who do not want to support EB3)::
What will you do, in EB3 shoes, if the numbers are not moving in 2-3 months. You got it. MOst of them will change to EB2, right. I will too. I am sure you can imagine the scene then. I know 8 of my 15 friends have already jumped to EB2. And I am sure they have much higher priority date than most of EB2s there. So you know what to expect. Lets ALL support for the common cause.
Sri.
I have once again sent 6 letters by mail to 6 members, but I would like to send to more by email. Can somebody please direct me to how to get those or if you have, please paste it here so that we can start sending emails also.
We must bump up our efforts as much as we can before the Oct bulletin comes out, but EB3 needs to do better. There is not much difference between the two categories when it comes to skill EB2 or EB3. As all of you know, the system is broken. There are Masters degree holders in both categories and experienced categores in both. Not long back we saw Eb3 doing better. This is not right guys,. Lets work together.
EB2 guys( those who do not want to support EB3)::
What will you do, in EB3 shoes, if the numbers are not moving in 2-3 months. You got it. MOst of them will change to EB2, right. I will too. I am sure you can imagine the scene then. I know 8 of my 15 friends have already jumped to EB2. And I am sure they have much higher priority date than most of EB2s there. So you know what to expect. Lets ALL support for the common cause.
Sri.
drona
07-11 01:40 PM
That's brilliant glus! What was your message? I hope he read it.
