lonedesi
08-04 04:15 PM
Letter to be sent for an I-140 petition pending at NSC:
From,
First Name, Last Name
Address,
To,
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Dear Mr. Ombudsman:
Re: I-140 processing delays at NSC for June - August 2007 non-concurrent petitioners
I submitted an I-140 petition for an employment based green card to NSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that NSC is processing cases filed around August 3 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that NSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting NSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.
This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted NSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, NSC has been approving I-140 petitions and whose PD's are not current.
Also some of the members, who contacted NSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, NSC has been consistently ignoring our petitions.
Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.
Lack of I-140 processing for non-concurrent filers has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.
I seek your assistance in investigating in this matter with NSC and impress upon the center to complete processing I-140 petitions for the non-concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.
Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.
Sincerely,
--------------------------------------------------------------------------------------------------------------------
Please post a comment on this thread so that we can track how many members actually participated in this campaign.
From,
First Name, Last Name
Address,
To,
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Dear Mr. Ombudsman:
Re: I-140 processing delays at NSC for June - August 2007 non-concurrent petitioners
I submitted an I-140 petition for an employment based green card to NSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that NSC is processing cases filed around August 3 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that NSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting NSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.
This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted NSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, NSC has been approving I-140 petitions and whose PD's are not current.
Also some of the members, who contacted NSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, NSC has been consistently ignoring our petitions.
Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.
Lack of I-140 processing for non-concurrent filers has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.
I seek your assistance in investigating in this matter with NSC and impress upon the center to complete processing I-140 petitions for the non-concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.
Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.
Sincerely,
--------------------------------------------------------------------------------------------------------------------
Please post a comment on this thread so that we can track how many members actually participated in this campaign.
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anandsubu74
02-12 02:55 PM
EB3/Nov 2003/NJ
Labor Approved Oct 2006
I-140 Approved Dec 2006
I-485 i doubt even if god knows anything about this....
Labor Approved Oct 2006
I-140 Approved Dec 2006
I-485 i doubt even if god knows anything about this....
my2cents
11-18 08:22 AM
My wife is on H4, i'm on H1B. She applied for DL renewal and was renewed for 1 yr.
They accepted visa, passport, i-94, and H4 renewal receipt notice.
They gave her one year from receipt notice.
What a relief. i was worried they would not accept it.
That was in Sterling VA DMV.:)
My wife was on H4 but now on H1/Opt. We went to DMV (Sterling, VA) . They checked the passport but did not check anything else. They renewed DL for 5 years instead of 3 years. Not sure what happened but she looked at the passport. I did not offer any other document because she did not ask.
They accepted visa, passport, i-94, and H4 renewal receipt notice.
They gave her one year from receipt notice.
What a relief. i was worried they would not accept it.
That was in Sterling VA DMV.:)
My wife was on H4 but now on H1/Opt. We went to DMV (Sterling, VA) . They checked the passport but did not check anything else. They renewed DL for 5 years instead of 3 years. Not sure what happened but she looked at the passport. I did not offer any other document because she did not ask.
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diptam
08-11 03:14 PM
ssss,
I mean did your employer sent you the approval copy or the Online status changed ? The reason i'm asking this question because lot of times the Online status never changes for 3-4 months from 'Pending' to 'Approved'. When did you file your EB3 140 at NSC ? i filed in May 2007 - pending for 15 months by now.
Would you mind if i ask you when you've seen the LUD change before approval ?
Thanks for your time !
I was planning to mail the letters, but I got my I-140 approval on 08/08. So I didnot send the letters
I mean did your employer sent you the approval copy or the Online status changed ? The reason i'm asking this question because lot of times the Online status never changes for 3-4 months from 'Pending' to 'Approved'. When did you file your EB3 140 at NSC ? i filed in May 2007 - pending for 15 months by now.
Would you mind if i ask you when you've seen the LUD change before approval ?
Thanks for your time !
I was planning to mail the letters, but I got my I-140 approval on 08/08. So I didnot send the letters
more...
willwin
06-11 12:33 PM
How would I-140 approvals impact the availability of visa numbers and isnt spill over already happening,ie, removal of country caps, as we have seen last year,last quarter as well in July VB?
More I140 approvals (of those who have already filed their 485) means more 485 eligible to be adjudicated. Longer the queue and more efficient the USCIS is - slower the PD movement.
More I140 approvals (of those who have already filed their 485) means more 485 eligible to be adjudicated. Longer the queue and more efficient the USCIS is - slower the PD movement.
gsvisu
07-13 05:07 PM
My 2.5 Cents.
We need to start a Letter Campaign next.
A focussed uniform format with some lead from IV. But now focus on San Jose,CA's rally efforts.
We need to start a Letter Campaign next.
A focussed uniform format with some lead from IV. But now focus on San Jose,CA's rally efforts.
more...
pcs
07-05 10:11 AM
I met the local office of my Congressman with the following documents to make it easy & simple..
A copy of the Congresswoman Lofgren's letter written to USCIS etc ( download it from IV homepage )
A copy of Today ( July 5th ) Wall Street Journal . This issue has story about this fiasco.
Downloaded news flash from Murthy.com regarding Visa bulletins of 13th June & the screwup bulletin on 2nd July
Above was good enough to convince them regarding the mess & they promised action on their part..
IMPORTANT... I clarified that IT IS A PROCEDURAL ISSUE WITH USCIS
NOT AN IMMIGRATION ISSUE WHERE CONGRESS HAS TO TAKE ACTION
This really made them very comfortable as she said, we keep writing to concerned offices about procedural matters.
I told them that they should ask USCIS to " RECEIVE" aour applications to minimize our finanacial loss and other headache of refiling at a later date
Please note, it is real easy to meet the Congressman as they have local offices may be one mile away from your office or home.
Small towns like mine are great for this effort as compared to big towns. I encourage all of you particularly living in small towns to make this small move, which I am sure can resolve our issue & we will save all the $$$ in refiling & avoid further agony
Since your butt is on fire like mine.... I do not think I need to convince you to act on this
Best wishes
A copy of the Congresswoman Lofgren's letter written to USCIS etc ( download it from IV homepage )
A copy of Today ( July 5th ) Wall Street Journal . This issue has story about this fiasco.
Downloaded news flash from Murthy.com regarding Visa bulletins of 13th June & the screwup bulletin on 2nd July
Above was good enough to convince them regarding the mess & they promised action on their part..
IMPORTANT... I clarified that IT IS A PROCEDURAL ISSUE WITH USCIS
NOT AN IMMIGRATION ISSUE WHERE CONGRESS HAS TO TAKE ACTION
This really made them very comfortable as she said, we keep writing to concerned offices about procedural matters.
I told them that they should ask USCIS to " RECEIVE" aour applications to minimize our finanacial loss and other headache of refiling at a later date
Please note, it is real easy to meet the Congressman as they have local offices may be one mile away from your office or home.
Small towns like mine are great for this effort as compared to big towns. I encourage all of you particularly living in small towns to make this small move, which I am sure can resolve our issue & we will save all the $$$ in refiling & avoid further agony
Since your butt is on fire like mine.... I do not think I need to convince you to act on this
Best wishes
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skv
08-12 04:29 PM
Hi Lonedesi,
Thank you for your response. Are you saying that we can take a chance by just sending the letter which includes details such as A#, receipt numbers etc; without completed DHS Form 7001. This sounds to be good plan, where employer is not supporting. However., the only catch is, if employer knows about this later, it doesn't look good.
Please correct me , if I'm wrong about understanding yout statement.
Thanks again!
Thank you for your response. Are you saying that we can take a chance by just sending the letter which includes details such as A#, receipt numbers etc; without completed DHS Form 7001. This sounds to be good plan, where employer is not supporting. However., the only catch is, if employer knows about this later, it doesn't look good.
Please correct me , if I'm wrong about understanding yout statement.
Thanks again!
more...
bskrishna
06-10 11:36 AM
So July visa bulletin is out ... we will see comments with frustation and appeals to fight for the cause ... however, this is a prediction thread, so my prediction is that by next week, all affected people will accept the reality and will move on with their life waiting for August visa bulletin or for the next year quota. My purpose is not to offend anyone, but this is just the observation we all had in the past, so why this time around its going to be any different?
Now as far as those three bills are concerned ... at times I feel that they are just pacifiers to amuse the crying babies. We all can see that immigration related bill (fashion models, regional investors etc) are getting passed, but not the one's that we really want. Therefore hearings in the sub-committie and than in full hearings will go on till August, and afterwards presidential election will be the focus ... immigration reforms will take a back seat. New administration in 2009 will have more immediate priorities to fix the economy, war, etc. Immigration will eventually appear on the radar, but only after some time.
So only movement I can see in near future is EB3 to EB2 conversion. That's OK too. because everyone has a right to straddle the lanes. Out of that stampede, some will get approved, some will get rejected, and will create more mess in the system. But that's inevitable ... and if a mass transition happens, USCIS will have no other option to bring in yet another rule to make their life easy, we all can guess ... what that may be ... I think this is one of the reasons why USCIS does not allow 140 premium processing anymore. Now those who are hopefull for EB2, my message is that USCIS can very easily justify visa wastage this year because of the extra load they got from Citizenship applications. Personally, I do not have much hope of USCIS working efficiently.
I am not trying to spread pessimism, but just giving my predictions. We all need to think hard, as to how can we come out of this mess. Flower campaign worked once, but doesn't mean that its gonna be effective again and again.
Fashion models and Sport personnel and EB-5 folks are few in numbers and will go unnoticed by their constituents. Other EB categories are comparatively huge. So I suppose that congress is treading carefully. If the bills does not go though the subcommittee and full ones, opponents will debate that the bill was sneaked in or piggy backed or pushed through. Hopefully something will emerge before the presidential elections. Lets not loose hope and try our best. Anything after the elections will be bound to be bogged down by CIR...
Now as far as those three bills are concerned ... at times I feel that they are just pacifiers to amuse the crying babies. We all can see that immigration related bill (fashion models, regional investors etc) are getting passed, but not the one's that we really want. Therefore hearings in the sub-committie and than in full hearings will go on till August, and afterwards presidential election will be the focus ... immigration reforms will take a back seat. New administration in 2009 will have more immediate priorities to fix the economy, war, etc. Immigration will eventually appear on the radar, but only after some time.
So only movement I can see in near future is EB3 to EB2 conversion. That's OK too. because everyone has a right to straddle the lanes. Out of that stampede, some will get approved, some will get rejected, and will create more mess in the system. But that's inevitable ... and if a mass transition happens, USCIS will have no other option to bring in yet another rule to make their life easy, we all can guess ... what that may be ... I think this is one of the reasons why USCIS does not allow 140 premium processing anymore. Now those who are hopefull for EB2, my message is that USCIS can very easily justify visa wastage this year because of the extra load they got from Citizenship applications. Personally, I do not have much hope of USCIS working efficiently.
I am not trying to spread pessimism, but just giving my predictions. We all need to think hard, as to how can we come out of this mess. Flower campaign worked once, but doesn't mean that its gonna be effective again and again.
Fashion models and Sport personnel and EB-5 folks are few in numbers and will go unnoticed by their constituents. Other EB categories are comparatively huge. So I suppose that congress is treading carefully. If the bills does not go though the subcommittee and full ones, opponents will debate that the bill was sneaked in or piggy backed or pushed through. Hopefully something will emerge before the presidential elections. Lets not loose hope and try our best. Anything after the elections will be bound to be bogged down by CIR...
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chanduv23
05-14 02:19 PM
Sorry about the pain. if you haven't noticed, I think aftr your previous employer revoked the I-140, they went ahead and updated that to 'denied' status and apparently the date did not change. so the same day that your 140 was approved now shows as denied. Bring that to their notice and they may see their mistake.
Good luck.
that is not possible. That would mean - someone must modify it at a database level in the backend and I don't think manipulating is possible or permissible. Manipulating such data is a crime and it is seriuos security breach of the system and if the agency is manipulating backend data - it is a serious issue.
I understand that we all start to think cynical when such things happen.
Based on the massive level of AC21 denials when employer revokes 140 - we are not sure what is going on.
Good luck.
that is not possible. That would mean - someone must modify it at a database level in the backend and I don't think manipulating is possible or permissible. Manipulating such data is a crime and it is seriuos security breach of the system and if the agency is manipulating backend data - it is a serious issue.
I understand that we all start to think cynical when such things happen.
Based on the massive level of AC21 denials when employer revokes 140 - we are not sure what is going on.
more...
diptam
09-01 01:10 PM
Landed in Feb 2000 ....
1. 1st employer cheated me on GC-Labor in 2003 - sold/substituted my labor to some lucky fellow.
2. 2nd employer filed GC-Labor in Mar 05 (really) but silently did it in in EB3 it took 2 yrs for Labor and almost 2 yrs for I-140 in Jan 2009 and by that time recession has hit us.
3. 3rd employer trying a EB2 upgrade by a new PERM Labor in Dec 2010 - the employer seems better than 1 and 2 but don't know until i get it at hand :)
Why don't you create a poll for this?. That will be easier.
1. 1st employer cheated me on GC-Labor in 2003 - sold/substituted my labor to some lucky fellow.
2. 2nd employer filed GC-Labor in Mar 05 (really) but silently did it in in EB3 it took 2 yrs for Labor and almost 2 yrs for I-140 in Jan 2009 and by that time recession has hit us.
3. 3rd employer trying a EB2 upgrade by a new PERM Labor in Dec 2010 - the employer seems better than 1 and 2 but don't know until i get it at hand :)
Why don't you create a poll for this?. That will be easier.
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GCard_Dream
07-06 05:31 PM
Can someone explain what "Temporary Restrain Order" would do if it were successful. It sounds to me that the lawsuit is asking the court to temporarily invalidate the July visa bulletin so that USCIS will be forced to accept the applications. Is this a reasonable understanding? Any lawyers here?
more...
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villamonte6100
03-31 02:58 PM
Dude, easy, take care of your heart, you might get a heartattack.
They have processed millions of applications and GCs already.
I am as frustrated as you are, but I am sure they have a system and management in place. Call it crappy or not.
Their objective is to provide service to the customers, we are their customers, we are giving them exorbitent amount of money as fees. I don't know of any other Organization/Company who provides as crappy service as they do, what would you call their management then ???
They have processed millions of applications and GCs already.
I am as frustrated as you are, but I am sure they have a system and management in place. Call it crappy or not.
Their objective is to provide service to the customers, we are their customers, we are giving them exorbitent amount of money as fees. I don't know of any other Organization/Company who provides as crappy service as they do, what would you call their management then ???
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lskreddy
04-30 03:17 PM
Guiterrez (spelt wrong) was brilliant in stating how screwed the FB system. He was particularly clear on his examples for FB. Kudos to him..
And, they talked about the statute and bulletin mismatch of words...
And, they talked about the statute and bulletin mismatch of words...
more...
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diptam
09-01 03:02 PM
1. Yes yes yes
2. Yes
3. No
All Desi employers?
2. Yes
3. No
All Desi employers?
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santb1975
06-17 03:14 PM
Wandmaker and Green.Tech - Thankyou for your leadership towards this funding drive
more...
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AllVNeedGcPc
03-22 10:05 PM
... thanks for sharing.
My First Post :
Initial EB3 - 07/2003 with fortune 200 company, got laid off in 10/2010 after working with them for 11 years.
Joined small company in 11/2010, Perm EB2 - 12/22/2010 - Approved on 01/06/2011
I140 Premium - 03/02/2011. Both 140 and 485 approved on 03/15/2011 - Current Law Firm received 140 approval notice on 03/18/2011, Previous company's law firm received 485 approval on the same day.
My First Post :
Initial EB3 - 07/2003 with fortune 200 company, got laid off in 10/2010 after working with them for 11 years.
Joined small company in 11/2010, Perm EB2 - 12/22/2010 - Approved on 01/06/2011
I140 Premium - 03/02/2011. Both 140 and 485 approved on 03/15/2011 - Current Law Firm received 140 approval notice on 03/18/2011, Previous company's law firm received 485 approval on the same day.
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desi485
11-19 03:29 PM
desi, thank you for sharing above. Can some one clarify what RG means by "beyond his control exception"???
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
AFAIK, it is a legal term.
is this a standard CIS term? Have anyone heard this term before? If it is a common term used while appeals or MTRs, I would say, RG is correct. However I haven't come across this before.
AFAIK, it is a legal term.
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somegchuh
01-03 03:35 PM
I think this is a really complex issue. We go thru a lot of thoughts now and then.
When I think rationally this is what I am concerned about:
1. Social isolation from family (brother/sisters/extended family) in the long run.
2. Inability to support aging parents.
The second issue weighs down on my soul more because supporting aging parents is a debt we are all supposed to pay back (regardless of ethnicity/class/caste/nationality/...). We are not supposed to run away from it. Some of us are lucky to have sibilings who are supporting the parents back home and that makes it a little easier. I know some of us even have single parents living by themselves.
The long wait makes it hard for you and wife. So you really feel frustrated and want to leave. At the same time waiting for GC your career has been stagnating for years, your wife hasn't had a job in years and that makes going back harder. Its like being stuck between a rock and a hard place. Things seem good with a GC in US and they look good back home but we seem to be getting neither ... *sigh*
When I think rationally this is what I am concerned about:
1. Social isolation from family (brother/sisters/extended family) in the long run.
2. Inability to support aging parents.
The second issue weighs down on my soul more because supporting aging parents is a debt we are all supposed to pay back (regardless of ethnicity/class/caste/nationality/...). We are not supposed to run away from it. Some of us are lucky to have sibilings who are supporting the parents back home and that makes it a little easier. I know some of us even have single parents living by themselves.
The long wait makes it hard for you and wife. So you really feel frustrated and want to leave. At the same time waiting for GC your career has been stagnating for years, your wife hasn't had a job in years and that makes going back harder. Its like being stuck between a rock and a hard place. Things seem good with a GC in US and they look good back home but we seem to be getting neither ... *sigh*
paisa
07-06 03:23 PM
--- Good one :D
you mean 60k
you mean 60k
GCard_Dream
01-04 02:59 PM
Agree. Truthinspector is simply expressing his opinion and if one doesn't agree, just put your side of the arguments to counter his but their is no need for character assassination. It's perfectly fine to disagree with someone but there are better ways of letting him/her know that.
truthinspector: may be it's time to invoke "freedom of speech" clause. ;) .. just kidding.
for all of you sharpening the knives to get truthinspector, let me start by saying that he/she has only mentioned their opinion and/or facts. they may not have been presented in a politically correct manner.
truthinspector never mentioned that the US has NO NEGATIVES........... purely stated why India is still not and (I am not sure about the 500 years - seems like an arbitrary number) will not in the near future, be a developed country and presented his/her reasons for the hypothesis..........
this forum is better served if you can show how and why truthinspector's list is incorrect instead of talking about self-confidence, self-esteem and all the other intangibles that you have no way of gauging without actually knowing truthinspector as a person.........
you are the one indulging in personal attacks, while truthinspector is only stating opinion and/or facts....
the truth always hurts. some more so than the others........
truthinspector: may be it's time to invoke "freedom of speech" clause. ;) .. just kidding.
for all of you sharpening the knives to get truthinspector, let me start by saying that he/she has only mentioned their opinion and/or facts. they may not have been presented in a politically correct manner.
truthinspector never mentioned that the US has NO NEGATIVES........... purely stated why India is still not and (I am not sure about the 500 years - seems like an arbitrary number) will not in the near future, be a developed country and presented his/her reasons for the hypothesis..........
this forum is better served if you can show how and why truthinspector's list is incorrect instead of talking about self-confidence, self-esteem and all the other intangibles that you have no way of gauging without actually knowing truthinspector as a person.........
you are the one indulging in personal attacks, while truthinspector is only stating opinion and/or facts....
the truth always hurts. some more so than the others........
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