lifestrikes
06-03 05:18 PM
Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
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kevinkris
03-05 02:20 PM
They will apply for H1 again in 2010, but good news is you will not be in 65k cap.
They can apply anytime and get a fresh H1.
That i what i think.
They can apply anytime and get a fresh H1.
That i what i think.
Berkeleybee
05-31 01:12 PM
How about contacting companies to give us contact numbers of their employees who's green card is in process, then we can contact them and inform them about IV !
Carbon,
Most companies will not give out such information even to their own employees -- it is considered confidential.
Here is what my company did -- I drafted an email to my colleagues about IV, and the head of our HR sent a BCC copy to all employees in the green card process. That way employee confidentiality is preserved and the word gets out.
As far as efforts to grow our membership go -- don't wait for someone to give you the greenlight -- take whatever initiative you can. It is small, step by step, individual grassroots efforts that make a difference.
If you feel we need to reach out to various groups and communities -- don't wait for someone else to do it -- organize such an effort yourself.
Thank you all for your support and passion.
best,
Berkeleybee
Carbon,
Most companies will not give out such information even to their own employees -- it is considered confidential.
Here is what my company did -- I drafted an email to my colleagues about IV, and the head of our HR sent a BCC copy to all employees in the green card process. That way employee confidentiality is preserved and the word gets out.
As far as efforts to grow our membership go -- don't wait for someone to give you the greenlight -- take whatever initiative you can. It is small, step by step, individual grassroots efforts that make a difference.
If you feel we need to reach out to various groups and communities -- don't wait for someone else to do it -- organize such an effort yourself.
Thank you all for your support and passion.
best,
Berkeleybee
2011 RuneScape Wiki - Skills,
GCNirvana007
09-04 02:37 PM
Guys,
Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.
So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....
SoP
:p USCIS loves you - you just get special treatment
Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.
So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....
SoP
:p USCIS loves you - you just get special treatment
more...
sobers
06-23 04:29 PM
We ought to contact lawmakers and make them see the plight of legal immigrants. There is no other way about it....even if we don't have a vote now, we have a voice...that of a LEGAL immigrant (and a future Citizen!). Each one of you find out where the meeting is going to be, and make a point to attend and atleast ask one question- It has been said that America is a nation of laws and a nation of immigrants- so Congressman, while you're working against ILLEGAL IMMIGRANTS, what are you doing to help LEGAL IMMIGRANTS??? (Suggestions welcome) ...And then personalize your story with your personal troubles...backlog, retrogression, endless waits obeying the law...and not getting a dime in benefits...
See what NumbersUSA folks are doing...
======
Roy Beck, President, www.NumbersUSA.org Friday 23JUN06
More Good News ... House leaders emboldened by YOU & pushing for enforcement-only bill
SENATE BILL FOR AMNESTY AND MASSIVE IMMIGRATION INCREASE IS DEALT MORE BLOWS .......
....... Speaker of House is totally impressed by citizen pressure at a town hall meeting!!
Wait until you see the report below from a Hill staffer of the Speaker's comments in a closed session of congressmen/women.
As I predicted to you in my email Monday morning, the terrible Senate bill has further bogged down this week as U.S. House leaders have become increasingly emboldened by you citizens' phone calls, faxes, office visits and attendance at town hall meetings.
Suddenly this week, Speaker of the House Hastert announced that he wouldn't be immediately appointing House negotiators to hammer out a compromise with Senators in a joint Conference Committee. Rather, he announced a series of public hearings to be held across the country over July and August to get public feedback on the provisions of the Senate bill.
Hahahahaha.
Maybe the 63 hidden provisions in the Senate mystery bill that our Rosemary Jenks uncovered and exposed at the National Press Club (but with very little media interest) will get proper vetting from the American people.
This is such terrible news for the Kennedy/McCain/Bush open-borders folks who had hoped to ram their bill into law without the public truly discovering what was in it.
Even better, Speaker Hastert announced principles that should undergird House action and they were all about enforcement and nothing about increasing legal immigration or guestworkers.
WHAT PERSUADED HASTERT TO DO THIS?
Rep. Hastert (R-IL) has always voted very well but has not been very helpful as a leader. He has been much too eager to please the White House when it asks for favors and to help out the U.S. Chamber of Commerce.
Nonetheless, he has often ended up helping block bad stuff in the House and was a big help in the end in passing the ban on drivers licenses for illegal aliens. But his behavior this week represents a whole new side of Hastert. And it is pretty apparent why he changed.
Check out this email from a Republican staffer to Rosemary describing the closed-door session Hastert had with Republican Members of the House.
Rosemary --
You may already have heard this, but it was too good not to pass along. In GOP conference this morning, Hastert started talking about an event he went to with several hundred of his constituents. He went on and on about this was in Illinois, in the heartland of the country, Illinois wasn't a border state -- and every question but one from his constituents was about immigration.
He then said this proves it's a national issue and not just a border state issue and it is really important. (Hastert, our fearless leader, moonlights as Captian Obvious.)
Technically everything that goes on in conference is supposed to stay confidential but my boss was going on about it and how he thought the meeting with his constituents made a huge difference to Hastert.
I thought you'd find it encouraging that all the hard work your minions are doing about bugging the hell out of these guys at public events is working.
You're outgunned, outspent, and outlobbied -- but you're winning. I am now officially cautiously optimistic.
-- (from a House GOP staffer)
As the staffer knows, we have been pushing all of you to try to attend any meeting where your Members of Congress can be found so you can ask questions, hold a sign or just applaud other people who say what you believe about immigration.
More and more of you are doing this.
Now, the entire nation owes a debt of gratitude to those northern Illinois voters who showed up at that meeting and so impressed the Speaker of the House!
We will continue to inform you on your Action Buffet corkboard every time we know your Senators or your Representative are going to be appearing somewhere in your area.
Please keep checking your corkboard at:
www.NumbersUSA.com/actionbuffet
Also, please keep telling us if you know of a meeting or appearance that appears to be something we may not know about. The only way we can inform everybody in a district about an event is if somebody tells us about the event ahead of time.
As for the hearings, some of your NumbersUSA staff have already been invited to testify. We will be sending notices to you about when and where they will occur so that many of you can attend and reinforce the position of no amnesty and reduced total immigration numbers.
Finally, I just have to note that after the Senate passed its monstrosity in late May, we got a ton of emails from people saying they were giving up and that no hope was left. You may recall that we continued to tell you that we believed we could beat this thing if we all kept fighting. Well, most of you kept fighting. Even I am a little surprised at how well things are working out at the moment. But I have no doubt that the only factor is the never-ending drum-beat of citizen complaint that Members are hearing.
Thanks for all you do,
-- ROY
www.NumbersUSA.com/donation.html
Also, don't wait on emails from me. Keep up with what is happening in Congress on immigration by checking regularly on our NumbersUSA home page:
www.NumbersUSA.com
See what NumbersUSA folks are doing...
======
Roy Beck, President, www.NumbersUSA.org Friday 23JUN06
More Good News ... House leaders emboldened by YOU & pushing for enforcement-only bill
SENATE BILL FOR AMNESTY AND MASSIVE IMMIGRATION INCREASE IS DEALT MORE BLOWS .......
....... Speaker of House is totally impressed by citizen pressure at a town hall meeting!!
Wait until you see the report below from a Hill staffer of the Speaker's comments in a closed session of congressmen/women.
As I predicted to you in my email Monday morning, the terrible Senate bill has further bogged down this week as U.S. House leaders have become increasingly emboldened by you citizens' phone calls, faxes, office visits and attendance at town hall meetings.
Suddenly this week, Speaker of the House Hastert announced that he wouldn't be immediately appointing House negotiators to hammer out a compromise with Senators in a joint Conference Committee. Rather, he announced a series of public hearings to be held across the country over July and August to get public feedback on the provisions of the Senate bill.
Hahahahaha.
Maybe the 63 hidden provisions in the Senate mystery bill that our Rosemary Jenks uncovered and exposed at the National Press Club (but with very little media interest) will get proper vetting from the American people.
This is such terrible news for the Kennedy/McCain/Bush open-borders folks who had hoped to ram their bill into law without the public truly discovering what was in it.
Even better, Speaker Hastert announced principles that should undergird House action and they were all about enforcement and nothing about increasing legal immigration or guestworkers.
WHAT PERSUADED HASTERT TO DO THIS?
Rep. Hastert (R-IL) has always voted very well but has not been very helpful as a leader. He has been much too eager to please the White House when it asks for favors and to help out the U.S. Chamber of Commerce.
Nonetheless, he has often ended up helping block bad stuff in the House and was a big help in the end in passing the ban on drivers licenses for illegal aliens. But his behavior this week represents a whole new side of Hastert. And it is pretty apparent why he changed.
Check out this email from a Republican staffer to Rosemary describing the closed-door session Hastert had with Republican Members of the House.
Rosemary --
You may already have heard this, but it was too good not to pass along. In GOP conference this morning, Hastert started talking about an event he went to with several hundred of his constituents. He went on and on about this was in Illinois, in the heartland of the country, Illinois wasn't a border state -- and every question but one from his constituents was about immigration.
He then said this proves it's a national issue and not just a border state issue and it is really important. (Hastert, our fearless leader, moonlights as Captian Obvious.)
Technically everything that goes on in conference is supposed to stay confidential but my boss was going on about it and how he thought the meeting with his constituents made a huge difference to Hastert.
I thought you'd find it encouraging that all the hard work your minions are doing about bugging the hell out of these guys at public events is working.
You're outgunned, outspent, and outlobbied -- but you're winning. I am now officially cautiously optimistic.
-- (from a House GOP staffer)
As the staffer knows, we have been pushing all of you to try to attend any meeting where your Members of Congress can be found so you can ask questions, hold a sign or just applaud other people who say what you believe about immigration.
More and more of you are doing this.
Now, the entire nation owes a debt of gratitude to those northern Illinois voters who showed up at that meeting and so impressed the Speaker of the House!
We will continue to inform you on your Action Buffet corkboard every time we know your Senators or your Representative are going to be appearing somewhere in your area.
Please keep checking your corkboard at:
www.NumbersUSA.com/actionbuffet
Also, please keep telling us if you know of a meeting or appearance that appears to be something we may not know about. The only way we can inform everybody in a district about an event is if somebody tells us about the event ahead of time.
As for the hearings, some of your NumbersUSA staff have already been invited to testify. We will be sending notices to you about when and where they will occur so that many of you can attend and reinforce the position of no amnesty and reduced total immigration numbers.
Finally, I just have to note that after the Senate passed its monstrosity in late May, we got a ton of emails from people saying they were giving up and that no hope was left. You may recall that we continued to tell you that we believed we could beat this thing if we all kept fighting. Well, most of you kept fighting. Even I am a little surprised at how well things are working out at the moment. But I have no doubt that the only factor is the never-ending drum-beat of citizen complaint that Members are hearing.
Thanks for all you do,
-- ROY
www.NumbersUSA.com/donation.html
Also, don't wait on emails from me. Keep up with what is happening in Congress on immigration by checking regularly on our NumbersUSA home page:
www.NumbersUSA.com
ajju
09-08 12:26 PM
Dear All:
Need your advice. Filed I-485 on July 5th. I-140 is approved. Working with the employer for 6 yrs. Now that I filed for final stage, my employer wants me to sign a contract voluntarily that I should stay with them for 24 months. What are my legal options in state of CA? He wants to get 20K if I leave earlier than contract term. I signed it since he threatened me to revoke I-140. Can I backout after portability law kicks in.
Thanks in advance.
Check with a good attorney like Sheela Murthy or Rajiv Khanna after 6 months... Until then you really don't have any choice... I am surprised to see that you worked for this employer for last 6 years and this is the state of your relationship... Did he paid for all the legal fees or was it paid by you??
Need your advice. Filed I-485 on July 5th. I-140 is approved. Working with the employer for 6 yrs. Now that I filed for final stage, my employer wants me to sign a contract voluntarily that I should stay with them for 24 months. What are my legal options in state of CA? He wants to get 20K if I leave earlier than contract term. I signed it since he threatened me to revoke I-140. Can I backout after portability law kicks in.
Thanks in advance.
Check with a good attorney like Sheela Murthy or Rajiv Khanna after 6 months... Until then you really don't have any choice... I am surprised to see that you worked for this employer for last 6 years and this is the state of your relationship... Did he paid for all the legal fees or was it paid by you??
more...
piperwarrior
08-14 05:18 PM
Most personal finance books will tell you that cash life policies (such as Universal Life) are financially bad investments. They are laced with all sorts of fees, which is why salespeople recommend them.
Yes, rates may be different if you are H-1B Vs GC holder. I had taken insurance through an agent recently and he suggested to go for a combination (Universal Life + Term). ULI works differently, its like a savings account, meaning you can always take the premium you paid after 10 or 20 or whatever period you choose (with interest rate). Their interest rates are same as ING or HSBC. Ever wonder how much money we are wasting with Term over a period of 20 or 30 years?
Yes, rates may be different if you are H-1B Vs GC holder. I had taken insurance through an agent recently and he suggested to go for a combination (Universal Life + Term). ULI works differently, its like a savings account, meaning you can always take the premium you paid after 10 or 20 or whatever period you choose (with interest rate). Their interest rates are same as ING or HSBC. Ever wonder how much money we are wasting with Term over a period of 20 or 30 years?
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Ramba
03-28 10:03 AM
The research for this was conducted by the content team of IV. And as regards the big websites, Rajeev Khanna, Bender's online Matthew Oh all have provided references to IV's doc. So no need for any attorney to explain to the IV core team about this, since most of them have agreed and appreciated our efforts!
ragz4u,
I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.
By the way is there any differnce between 202a3 and 202a5?
ragz4u,
I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.
By the way is there any differnce between 202a3 and 202a5?
more...
sac-r-ten
11-19 08:29 AM
USPS won't do it for ever. But GC will surely take for ever.
They will do it for 1st 6 months. by that time you can change address on USCIS.
They will do it for 1st 6 months. by that time you can change address on USCIS.
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go2roomshare
07-12 05:51 PM
Will this be same if you are with same employer??
I mean
Having PD 2003 Jan - EB3 - approved 140
Can this be used to file new I 485 with NEW PERM LABR - EB2??
does EB2 140 needs to be approved ??
I mean
Having PD 2003 Jan - EB3 - approved 140
Can this be used to file new I 485 with NEW PERM LABR - EB2??
does EB2 140 needs to be approved ??
more...
sailing_through
02-18 12:12 PM
My Indian employer offered me to coninue working from home from US. Is that legal to do when you are in the US on an H4 visa? Thanks..
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ashkam
11-29 01:38 PM
I have registered on USCIS website for I-485, AP and EAD. When I logged on today I saw last updated date modified to 11/25/2007.
Email notification for all the registerd cases is turned on. I did not receive any email notification for the updates
Just wondering if some one else in the same boat not receiving emails.
I have given my hotmail email ID, if that matters ?
Any Idea ...
It does work and they only send an email for a hard LUD (when there is a material change in status).
Email notification for all the registerd cases is turned on. I did not receive any email notification for the updates
Just wondering if some one else in the same boat not receiving emails.
I have given my hotmail email ID, if that matters ?
Any Idea ...
It does work and they only send an email for a hard LUD (when there is a material change in status).
more...
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pbojja
06-25 02:14 PM
I was in the same situation and visited canada and requested new I94 and got it , I m on H1B and this is in March 2008
AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).
AVR is used, when travel is less than 30 days, Visa is invalid and I94 is valid.
As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.
Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
You have valid Visa.
#1. You go to India and when you come back, you get new I94.
#2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.
#3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?
AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).
AVR is used, when travel is less than 30 days, Visa is invalid and I94 is valid.
As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.
Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
You have valid Visa.
#1. You go to India and when you come back, you get new I94.
#2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.
#3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?
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anilsal
12-14 12:05 PM
I also think our phone campaign to various lawmakers should continue, considering the fact that Sen.Cornyn's office acknowledging that multiple calls opposing SKIL bill were received the day, we were calling the office.
more...
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champu
02-18 07:31 PM
Your lawyer does not know what he is talking about. There is no need to do anything. If you were on H1-B and still working at the same company, you are still under H1-B not under EAD no matter how you entered the USA.
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
Vivek -
I have similar situation.
Now, my H1b expires in a few months. I am wondering whether I am eligible for H1b extension as I have Parolee I-94.
Please let me know. Thanks
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
Vivek -
I have similar situation.
Now, my H1b expires in a few months. I am wondering whether I am eligible for H1b extension as I have Parolee I-94.
Please let me know. Thanks
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skarthy
07-17 07:42 AM
Hi all,
It seems the FP notice comes in 10 to 15 day usually. I haven't gotten mine after 3 weeks. Is there a time period after which that I have to worry about the FP?
I got my receipt and credit card - money withdrawn.
Thanks
It seems the FP notice comes in 10 to 15 day usually. I haven't gotten mine after 3 weeks. Is there a time period after which that I have to worry about the FP?
I got my receipt and credit card - money withdrawn.
Thanks
more...
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tnite
07-26 09:08 AM
Bibs:
To apply for EAD you need the following documents
1. I-131 EAD Application document
2. Copy of I-485 receipt notice
3. 2 colored passport pictures - recent
4. Cashiers cheque as stated in the form.
Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.
Its form I765 for EAD. I131 is for Advance Parole
To apply for EAD you need the following documents
1. I-131 EAD Application document
2. Copy of I-485 receipt notice
3. 2 colored passport pictures - recent
4. Cashiers cheque as stated in the form.
Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.
Its form I765 for EAD. I131 is for Advance Parole
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shreekhand
09-04 02:17 PM
Yes some have not received CPO...they say they will get a deportation notice soon as a result of not receiving CPO but directly receiving "Approval Notice Sent".
*** Please think twice, google a bit more and stay centered before opening useless threads!!! :)
*** Please think twice, google a bit more and stay centered before opening useless threads!!! :)
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leoindiano
04-04 04:56 PM
Sunil,
I also have 2 A numbers. I believe that is ok as per USCIS FAQ released sometime back. It said they had to release a new A number on i-485 apps coz they wanted process them quickly with too many apps coming at once, they didnt had time to match them.
In your h1b renewal, take an expert attorney's suggestion.
I also have 2 A numbers. I believe that is ok as per USCIS FAQ released sometime back. It said they had to release a new A number on i-485 apps coz they wanted process them quickly with too many apps coming at once, they didnt had time to match them.
In your h1b renewal, take an expert attorney's suggestion.
snowshoe
08-13 11:08 AM
I think you misunderstood a point made there. Though it is possible to extend renew H1 for employer if EAD was used some time, but that is like recapturing that status and means fulfilling the terms of H1, by giving up on part time job.
You cannot be on H1 and use EAD for second job at the same time.
This is also what I have understood on doing some research; there also was a similar thread here "H1 Status After Using EAD" where people seem to say the same.
That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.
Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.
You cannot be on H1 and use EAD for second job at the same time.
This is also what I have understood on doing some research; there also was a similar thread here "H1 Status After Using EAD" where people seem to say the same.
That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.
Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.
rjgleason
February 27th, 2004, 07:45 AM
I cannot possibly comment bob...
but I do get noticed in this country...
hehe
http://www.dphoto.us/forumphotos/data/500/15128T3300-med.jpg
Sure you can...........and sure you do.
but I do get noticed in this country...
hehe
http://www.dphoto.us/forumphotos/data/500/15128T3300-med.jpg
Sure you can...........and sure you do.
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