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  • retropain
    08-11 03:17 PM
    Lou may be a star now, but he's an evil star....a person who has not even once brought up the positive contributions of immigrants to this country.

    I ask you, have immigrants (or skilled immigrants) have not made a single contribution to this country?

    (they surely have made many, but these are not for Mr Dobbs coverage. He is as biased as can be....good CNN is giving Ruben Navarette some coverage now)





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  • catopa
    07-14 09:11 AM
    send the damn letter, nothing happens, and then come back here and vent your frustration again. as you said, buddy, HARD LUCK indeed !!

    I cannot believe the nerve that you EB-3 India guys have. You are begging for a GC based on your length of wait!!! laughable at best...........go wait a decade or so more, then come back here and start this useless BS again.

    one good thing happens for the EB-2 folks, and the EB-3 community cannot stomach it. pure freaking jealousy.

    Sorry but couldn’t ignore this being an EB3-I applicant with more then 10 yeas in US and 7 years in GC processing. I think most of EB3-I are people who got stuck in this queue (specially during 2001/2002) have a master or more and applied in EB3 based on their employers/lawyers advise (My Case).

    I think the quoted poster needs to understand the frustration that builds up with people who have been waiting in line for a long time. I don’t think EB3 is jealous but happy for our fellow country men who got the bright side of this mess.

    Good luck and god speed to all.





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  • GCKaMaara
    01-07 10:21 AM
    Refugee_New,

    Is this true? Are you just visiting forum just for this and not for your immigration at all? If so, its really bad.



    Refugee_New already got the GC. I have read his some previous posts too and after that I doubt his commitment for the IV goals.

    People responding to him please understand, either we can focus on efforts which will help us getting GC faster or we can continue to discuss this topic.





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  • satishku_2000
    08-09 01:21 PM
    Actually; I didn't think it was courageous at all. I had to practice what I preach.

    One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.

    Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).

    I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.

    Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.

    he didn't but just in case he wanted to; I was ready for it.

    UN,

    Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?

    Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.

    My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?



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  • unitednations
    08-02 11:55 AM
    I read this thread ONLY to not to miss any single word from US, no wonder.. his advises are indirectly helping many others like me in getting more understanding about what we are doing..
    Long live UN(even chain smoke cant distroy you ;) )

    Coming to my situatation,
    I came in July 2000, got job in Nov 2000. in 2002, I left for India to help my Dad who was hospitalized for Cancer. I came back in Dec'02 and have been on the payroll till today without fail.

    Once when I am applying for a H4 for my spouse, the US consulate at India issued a 221(g) to give the details about "Why the employee was paid less then the LCA promised wages?" In fact the officer didnt check all of the paperwork submitted, I had shown that I used FMLA (Family Medical Leave Act) to assisit my Dad. My spouse went on the next day, pulled out the same letters and my Dad's hospital bills and Doctor letters etc and shown, and got the Visa approved..

    So, folks who got their payroll significantly showing the gaps, please show the real reason, if you start covering up something, you will end up in the Original poster's spouse of this thread.

    Once again, thanks UN...
    -Geek...

    very good information. I just hope it isn't too late for people to put in the correct information into the forms.

    I remember in my previous day job whenever there was a gray area that we were trying to exploit (could be Securities and Exchange Rules, IRS rules, etc.), all we had to do was convince ourselves and ourselves had the vested interest in getting a certain outcome. However; we always had to be ready for the next level if the regulatory bodies came asking that we had a reasonable basis for our conclusions.

    Difference in most things is that the SEC and IRS do not "approve" your tax returns or financial statements. They may come and ask. However; immigration law; the onus on us is to prove that we are eligible for the benefit and have to prove it with every application. Everyone should be ready for the next level of scrutiny.

    I had worked on a case where USCIS was trying to add up 20 i-140's for ability to pay and telling the company that they don't have the numbers for all those people. While we were working on this; we had to get ready for the possible outcome (ie., uscis going after the approved i-140's (44 of them) and the h-1b's. We responded to the 20 rfe's but had set it up that if uscis came asking about the others that the information we were showing in these responses would not contradict and would be sufficient if they came after the approved ones.


    Well; after the rfe response; uscis did come after the approved cases and sent in the notice of intent to revoke the 44 approved cases (some were approved almost three years before). They all got re-approved but you have to be ready with all the evidence.





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  • virtual55
    08-05 02:21 PM
    Admins,

    why are you not closing this thread



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  • sanju
    05-16 11:10 PM
    Infact pro immigrants and Corporations are arguing that shortage of skills and they are not displacing US workers. If that is true why cannot they accept the conditions that they will not displace US workers. If you accept that you do not mind replacing some american workers also then all of your points are valid. Then you can lobby for unlimited H1b and Unlimited greencards. You will never get American people support for that. But we all are lobbying based on the shortage of skills. So we should be ready to reduce H1b when demand goes down or accept the conditions for non displacement of US workers. Right now demand is more so US will absorb even 200K H1bs. But you need to look what happened between 2000 to 2003. So many layoffs. Part of reason was economy but other part was due to H1b and outsourcing


    The greater danger in life is not that we set our aims too high and fail, but we set them too low and still do – Michelangelo

    Your aim is to not get fired. You want to buy an insurance policy to a secure job as if you are the only one entitled to have a job. This is a lower aim so you are bound to fail i.e. lose your job.

    And how do you define “replacing some American workers”. There is a plant in Yuma, AZ manufacturing aircrafts for Kingfisher airlines in India. Doesn’t this mean that someone in India is being replaced by American worker???? Maybe we should stop all trade and we should have all needs of one country fill within its borders. Maybe we should say – from now on no one is going to do any business, collaboration, partnership and place orders to companies outside of the borders of the country where you live.


    Then you can lobby for unlimited H1b and Unlimited greencards.


    The best argument of restrictionist is either talk about no H-1B or green cards or talk about unlimited H-1Bs and green cards as if the extremes make the only reality in this world. Have you ever seen numbers like 290,000 or maybe 450,000. These are called whole numbers in mathematics and reside somewhere between ZERO and INFINITY/UNLIMITED.


    You will never get American people support for that.


    Stop bickering in the name of American people. More than 99% Americans don’t even know what is H-1B visa or employment based green card. And one more thing, people’s opinion is the most foolish thing to look at when making a decision. Do you remember the % of people in favor of Iraq war in 2002? - More than 70%
    Do you know how many people are in favor of pulling out of Iraq now, putting all the blame on the Administration? – around 70%
    Do you know the % of “American people” saying that they screwed up by supporting the war in 2002? – 0%
    No one would come out to say the nations and millions of people got screwed up due to "MY" twisted ideology in 2002. So let’s keep this argument of “American People” out of this debate.


    I will accept that 25 year old H1b from India can work 15 to 18 hours a day but same kind of productivity cannot get with 40 year old person with family of 2 kids whether Indian or American. Is it right to replace those person with 25 year old person. If that is the case then you will be replaced by youger H1b person in future.


    In free market and capitalist economy, the measure of productivity doesn’t come from some lawmaker who is out of sink with reality or from the ideology of orgs like IEEE-USA or from posters like you. The measure of productivity comes from the employers and the companies. If employees on H-1Bs were unproductive then why are employers asking for more H-1Bs. I am sure my employer is not in love with me to give me check every two weeks. And if that is how it works best for the competitiveness and for the economy, society and the nation, then so be it. That is the reason why this society is more advanced. You may be afraid of such a situations/competitions but I am not scared of a scenario where someone who can perform a better job, either a citizen or someone on H-1B, takes my job. And I assure you that I won't whine about it. But that is ok, your way of thinking is all based on the premises that every one out is going to get you and some how you have to eliminate this competition at the soonest.


    My view is clear. There should be H1b numbers based on demand and supply. If they cannot come with correct numbers then restriction of non displacement of US workers should be there.


    You have used the argument of abuse, productivity, economy, outsourcing, country of origin and the color of Dick Morris’ underwear - to argue against H-1B and against green card number increase. Time and again I have said that this is not about H-1B. We, the people on this forum, want to discuss about GREEN CARD BACKLOGS. But you want to keep the discussion away from green card backlog and want the discussion be in the arena of H-1B. I must share with you that I have received atleast 7 different private messages telling me to “not waste my time with idiot like yourself”.
    Like you ass, you keep your views and your opinions with yourself. Don’t poke your ass and your views into a place where they don’t belong. And please stop worrying about being displaced by someone else on H-1B. You have not even gotten green card and you have already turned into a restrictionist. Please wait for sometime and there will be enough time and opportunity for you to join the ranks of IEEE-USA. This makes me to think that there are 2 possibilities:
    1.) You have very low self esteem and you have a low opinion about yourself. Thus you are scared of the competition
    2.) You are not capable enough or you are not technically sound to compete with others around you. And just like IEEE-USA, you are looking for ways to eliminate your future probable competition using words/phrases like “displacement of US workers”.





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  • axbasit
    12-28 03:52 PM
    I always believed that this was the place to talk about problems faced by potential immigrants, and it would not matter from where they came from? but this
    forum is turning into something else.

    would administrator(s) act professionally and lock this discussion? and if these discussions would further be allowed at this point, I suggest change this website to indianimmigrationvoice.org



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  • unitednations
    03-26 04:42 PM
    UnitedNations

    What I take from your reply is that if the company is on their radar (for reasons that they will never disclose or we will never know - but we can assume some kind of fraudulent activity - like what you suggest too many h1's etc) they can (and currently are for h1 applications) apply all of their might to deny applications.

    Most of us have become pompous and are living in a big bubble. We think that since we pay taxes we are special. I cant imagine how out of touch with reality we are ....when I see postings like these for example remove EB1/EB2/EB3..whatever classification quota since we "the special class" of people are suffering, remove per country limit since we have paid taxes for 10 years, we will solve the housing crisis if we get gc's, we are responsible for creating innovation, progress and jobs (though i agree small percentage of the total pool may well be responsible for some innovation but not all), we are some sort of super humans , calling up senators/congressman - wont they be more interested in protecting their constituent's -- who I hate to say is not us (that is would be immigrants)

    Isn't it time for everyone to wake up and see the reality ? Why exacerbate the current conditions that will create even a bigger backlash? can we all handle that ? I think the answer is NO

    Legal base employment candidates never had any representation as far as I know of until Immigration voice was formed. The other groups had some organized activity.

    From some of the postings I have seen from IV Core; I believe they know what they are doing. They seem to be getting right advice of when to go on offensive and when to be defensive.

    It is difficult for candidates/people who only have five to six years of history in this country to know how the system works here; ie., what arguments work and what arguments don't and what other side will do in ruining your credibility if they are pushed.

    Everyone wants their greencard and they try to find reasons which they think others will appreciate (whether they have much merit or not).





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  • jungalee43
    09-28 12:39 PM
    I am not US citizen and who becomes president or who the American people vote for is none of my business.
    But I can't resist writing here because it is going to affect my life in a great way.
    Sen. Obama's appeal of change is definitely attractive. But would he walk the talk?
    He mentioned American values in the debate. All of us i.e. the EB immigrants came here on the invitation of American Employers to help American corporations and economy. I came here little over 8 years ago, not only on the invitation but on the insistence of the American employers. I paid taxes from day 1 and followed every law in letter and spirit.
    My then colleagues, who were not invited, stayed back in India and have become Vice Presidents and Presidents of the companies. And they earn equal or more than what I earn here and have exactly same or better life style as I do, including the cars that I drive here. But I am stuck with the same job description and title that was assigned to me 8 years ago and all my retirement money in now with US government and none in India.
    Then I've realized that once the EB immigrants, invited by the American employers, enter the GC loop, they are chosen by US immigration system to discriminate on the basis of their country of birth. People born in Timbuktu clear all the three stages of green card in 5 to 15 months. But for people born in India, this journey is simply put, 'endless'. I am myself in the last stage of green card for last five years for the only reason that I was born in India.
    If Sen. Obama is really going to bring change, he’ll have to answer these core issues in the immigration system. What is broken is the respect for US values that he talked about. There is discrimination built in the system. There is no fairness, no equality and most of all no justice.
    And if his fellow Sen. Durbin calls the shots in next senate then it is all over for us and may be for American employers also. If I am asked to write 100 reasons why CIR2007 failed, I would write Durbin-Grassley provisions on EB immigration from no.1 through 50. That would be followed by the disastrous points based system from position 51 through 75. (My former boss, a great maintenance manager in a huge company in India migrated to Australia under points based system. The last I heard of him was that he was a taxi driver at Sidney airport.)
    If a scenario happens where Sen. Durbin calls shots in senate, Sen. Obama would be turning back on his promise of change. To bring change he may have to take the current senate democratic leadership head on. His best chances are with Republican Senate and Democratic House.
    I am really really worried but still I wish all the very best to Sen. Obama.



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  • immique
    07-14 01:56 AM
    really! can you give me the name of that high school that you are talking about. I want to find out if I can qualify as an EB2 Physician/Scientist if I go to that particular high school and get my high school degree. why the hell would any body waste 15 years going to college, Medical school, post graduate trying to get the required skills.

    I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.

    DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.

    Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.





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  • malaGCPahije
    09-26 09:10 AM
    I support McCain. Please do not give me reds for siding with McCain.

    I think for the country McCain is going to be better as prez than Obama. He is a more mentally strong person (clearly displayed by his POW stint). He chose not to go home when given a chance by the enemy because he did not want to leave his army friends alone. That says a lot about character.

    Obama for most presents himself to me as a lot of talk and not much action. He chose to be absent when the congress was voting on important action items during his time as a senator.

    I think what is best for America is best for the EB community too. If America is not the economically strong country we all hoped it would always be, then what good is the EB community going to get staying in America. With McCain, chances of reforms for legal immigration are also going to be much more than with Obama.

    Just my 2 cents.



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  • chanduv23
    03-24 04:30 PM
    You would be even more surprised if you look at the LCA and the salary they pay. Its surprising how they can get away with it. But then they are cap exempt, so that says something.

    Not sure if this is authentic - but I have heard that h1b petitions with cap exempt organizations are also running into issues.

    If anyone is really having issues - you may back up my post.





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  • amsgc
    07-15 12:01 AM
    Pani,

    I think there will be legislation; if not in the next few months, then next year for sure. Note that the movement in EB2-I has been at the cost of EB2-China and EB3-ROW. Also, there are too many people stuck in EB2 as well, so this movement in PDs will come back to a more realistic level pretty soon. I reckon there will be another push after the elections. My only worry is that our provisions will get all mixed up and confused with those of undocumented workers. This was the best time for us - it is indeed very frustrating to see less than 200 people who make the calls out of an apparant sea of half a million(i am begining to doubt that number now). Only 200 made a contribution to keep this organization strong. what can you really expect? Some of us are just stuck with a large number of people who don't want their GC bad enough.

    Anyway. Come October, many of us will be where we are today. We just have to convince the lawmakers to pass some piecemeal legislation that will give relief across the board - bills like the Lofgren bills is the answer.

    I am not sure what the USCIS can do in this regard - they are limited by the law and the numbers. The most we can expect from them is admin fixes where they relax/remove the requirement of a "job offer", give a temp. green card etc. etc.



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  • RNGC
    10-01 06:33 PM
    I am the only employee working for my H1 sponsoring company for past 9 years! I always worked for huge clients and everyplace I worked, I was offered a full time job, but my immigration status prevented from taking those offers. My H1 sponsoring company have been benefitting all these years because of the broken legal immigration system and I am just working as hard as I can but someone else (my H1 sponsoring company) benefits from that.

    We may need to hold another massive rally in DC to highlight our cause.





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  • Beemar
    12-26 12:52 PM
    Guys,

    Looks like we may see some action from India within hours now. The war clouds have been gathering ever since the Mumbai attacks. But now the signs of an imminent war are unmistakable.

    Apparently India had given pak a deadline of one month to hand over the perpetrators of this attack. The deadline expires on December 26th.

    Both India and pak have canceled the leaves of their military personnel.

    People in border villages of Rajasthan are evacuating.

    CNN has been reporting that paki troops are on the move.

    If my hunch in right, something big will happen in next 24 hours.



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  • nojoke
    09-28 12:59 AM
    mc cain will bring the war to an end but it'll be in victory, and making sure there'll be be no need for any future war in the region. but barack's knee-jerk pull back would not only undermine the war, it'll lead to unrest, and potential problem in the future to which the US will be drawn into again. you have seen the same problem india has been facing from the same terrorists...if you just hurt them they'll keep coming back. but if you destroy them forever you can bring peace.
    I do agree that the times have been bad in the US economy lately, but don't you realize it's mainly due to the housing market, which has had a cascading effect on the banking sector, etc. (again this crazy financing scheme started in the clinton years where their objective was to give the dream of owning a home to the less fortunate to show that they are for the poor. this led to people getting easy loans to buy bigger home even if they didn't have the ability to pay back. the repubs did not have the courage to stop this lending practice, 'coz if they did the dems would say the repubs are against poor people buying houses. so you see how the dem policies hurt even long after they are gone).
    but if you closely look, the US exports have boomed than any other time, and there is a huge chance of recovery if the right policies are applied. It's nice to imagine/hope that things will change overnight under the dems, but if you really look at their policies, they want to impose more taxes on the businesses (and also you), which will impact their bottomline, and will lead to a recruitment freeze, or even moving their business to a different country. and if you think our hard earned tax dollars are spent wastefully now, wait till you see how a dem admin is going to spend our money. they'll lead the country into deeper recession, and we can then kiss goodbye to our gc dreams.
    I know the prospect of a charismatic guy in obama getting elected is very enticing, but the prospect of the dems controlling the house, senate, and the presidency will be a disaster never seen before. we'll see them lead US to a more socialistic country. what has made this country great is the prospect of getting limitless reward if you are hardworking, and innovative. but the dems concept is limiting reward to a set level, and distributing wealth to the less fortunate (i.e. lazy people). this was what happened to the socialistic and communist countries (dying economies, and poverty).
    but our immediate concern is getting gc, and I really fear the prospect of dems controlling all branches of govt will def kill our dreams.

    hmm.
    needless war is strong on security
    9/11 happened on bush's watch and it is clinton's fault.

    Republican philosopy of less regulation is not the cause of reckless lending?
    You will get more tax break under Obama's plan than McCain's. Google.
    You watch FOX news?





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  • chandlerguy98
    09-26 12:39 PM
    I know CIR was not very friendly.I do not beleive the CIR that comes up next year would be the same exact CIR as 2007. Because we have had varied versions of CIR from 05,06&07. I believe the CIR 09 will be much more friendly to us.even look at CIR 2007, sec 502,503, it increases EB quota to 450K and increases per country cap and Also has provisions for visa re capture. Also i dont think CIR 2009 will be written by Durbin. CIR 07 was mainly written by Kennedy not Durbin. I know Durbin hates H1&EB but i believe he is a minority opnion in a majority of democrats. so dont loose hope..Also what Obama during last CIR was an election ploy..We know mccain in his heart is friendly towards immigrants, but to win republicans he is showing he is tough on immigration. The same way with obama, to please labor unions, he put a show during CIR 07. I personally feel none of this matters when they become presidents, they will govern with majority opinion. I dont think majority opinion hates EB&GC. Heck dubya was against nation building when he ran for president and now he stuck with rebuilding irag for years to come.





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  • unitednations
    08-01 10:48 PM
    UN, can you please reply? Thanks!


    No; it is not fraud. I have seen many g-325a's and many people seem to miss last address outside usa for more then one year and last occupation for more then one year outside usa.

    There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?

    One of the other uses of this information is that a person could have come to usa 8 years ago but you only need to show 5 years of biographical information. USCIS can then calculate when you really came into the country and see if you maintained the status ever since you left your foreign residence.





    saileshdude
    08-05 07:49 AM
    What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).

    "Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.

    If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.

    I hope i have made my point clear? Thanks.


    I originally filed in EB2 but yet I do not support this idea. I think EB3 people if possible should deserve a chance to file in EB2 if they are eligible. Also porting helps you (original EB2 guys) in another way. Suppose for some stupid reason, you have to restart your GC process, wouldn't you want to be able to port your earlier PD? Don't be selfish man.





    dealsnet
    01-07 04:49 PM
    You lived in India and hate India, because of your wicked religion.
    Equating Bombay with Palastine is only a traitor can do.
    Even passive support is act of betrayel.
    Evil will be destoyed, it is God's will. They are preparing the kids for suicide bomber. So it is their fate to die little early, without harming any one.
    Any way your religion and its founder are blasphamy for real children of God.
    Only retard minded can follow it. Do suicide bomb to get 72 virgins. If any one of the virgin is a lesbian, what will do ?. If the guy is old, do he get viagara???They don't know in heaven no sex. No flesh, people in spiritual state.

    I know you won't respond me anymore. Because you know your believe/ideology/prophecy/unjust acts will be exposed here.



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