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LegallyGC
08-09 10:46 AM
Guys,
There was a question and answer section on this site and i found this which might help us..
---------------------------------
12. Question(08/03/10): It has taken several years for me to receive the I-485 approval yesterday based on the employment-based petition filed by my employer. I have never changed employer. Neither have I invoked AC 21 change of employment. Since the 485 is approved, I am seeking new employment and started sending out employment applications to various employers. Is there any law that forces me to work for the green card sponsoring employer even after the green card is approved?
Answer: The green card employment is "permanent" employment. "Permanent" means the employment term is not temporary and must be for a period of "indefinite" duration. Inasmuch as there is no ending date, it can be considered a permanent terms of employment. The employer sponsed employment based immigration requires both the employer and employee to retain "intent" to offer such permanent employment and accept such permanent employment on or before the I-485 is approved. If the employer does not maintain such "intent" and file a labor certification and I-140 petition, It can be construed a fraud. If the employee does not have such "intent" and sign the labor certification application and and file I-485 application based on the employer-sponsored I-140 petition, it can also be considered a fraud. The issue is "intent" which is a mental state as judged from the actions of the employer or employee. AC-21 portability of approved I-140 petition changed the picture and both the employer and employee are freed from such obligation if two conditions are met. One is that until AC-21 is invoked, the employer and employee retain such intent. Practically, in the context of AC-21, such oblication is limited until the alien invokes the AC-21 change of employment after 180 days of filing of I-485 application in similar or same occupational classification. There is a grey area where the alien does not invoke AC-21 and change of employment. In such context, it may be assumed that both the employer and the employee retain such intent at the time I-485 is approved. In old days, the legacy INS was active in initiating a revocation of green card proceeding before the immigration courts to stip off the approved green card and launch a deportation proceeding based either on the ground that there was a fraud on the parties or the INS approved the I-485 application without the knowledge of such fact of ill-conceived intent of the parties. The theory of the law is that "had the agency known the true facts." the agency would not have approved the employment-based I-485 because the I-485 could have been ineligible without such intent. Intent is proven in most cases by the circumstantial evidence since no one can go into the state of mind of other person. The evidence they used to use was the evidence of search of another employment immediately before or after I-485 was approved. For the reasons, even though there is no fixed period of time for a new green card holder to work for the sponsoring employer, legal counsels advised the employees not to send out employment application in writing to other employers immediately prior to the approval of I-485 application or at least for certain period of time like two months not to change employment, because such behavior can be construed as relection of the true state of mind and intent of the employee not to work for the sponsoring employer before or on the date of approval of I-485 application owing to short period of time that lapsed when they changed employment. This problem used to pop up during the naturalization proceeding when the agency learned that the alien changed employment immediately before or after the green card is granted. The foregoing inent issue can be overridden when the alien left the job because of employer's decision to terminate the employment or because of change of circumstances which are beyond the control of the parties such as slow-down of business and layoffs. Again AC-21 affected this issue, and it appears that the agency may no longer actively look for this issue. But theoretically, the issue still exists and a law is a law. Accordingly, there is always a potential risk of this issue popping up after green card is approved, especially when there is a grudged sponsoring employer who obtained and possessed such adverse evidence and contact the agency to revoke the green card. Just beware.
------------------------
Hope this helps.
Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..
There was a question and answer section on this site and i found this which might help us..
---------------------------------
12. Question(08/03/10): It has taken several years for me to receive the I-485 approval yesterday based on the employment-based petition filed by my employer. I have never changed employer. Neither have I invoked AC 21 change of employment. Since the 485 is approved, I am seeking new employment and started sending out employment applications to various employers. Is there any law that forces me to work for the green card sponsoring employer even after the green card is approved?
Answer: The green card employment is "permanent" employment. "Permanent" means the employment term is not temporary and must be for a period of "indefinite" duration. Inasmuch as there is no ending date, it can be considered a permanent terms of employment. The employer sponsed employment based immigration requires both the employer and employee to retain "intent" to offer such permanent employment and accept such permanent employment on or before the I-485 is approved. If the employer does not maintain such "intent" and file a labor certification and I-140 petition, It can be construed a fraud. If the employee does not have such "intent" and sign the labor certification application and and file I-485 application based on the employer-sponsored I-140 petition, it can also be considered a fraud. The issue is "intent" which is a mental state as judged from the actions of the employer or employee. AC-21 portability of approved I-140 petition changed the picture and both the employer and employee are freed from such obligation if two conditions are met. One is that until AC-21 is invoked, the employer and employee retain such intent. Practically, in the context of AC-21, such oblication is limited until the alien invokes the AC-21 change of employment after 180 days of filing of I-485 application in similar or same occupational classification. There is a grey area where the alien does not invoke AC-21 and change of employment. In such context, it may be assumed that both the employer and the employee retain such intent at the time I-485 is approved. In old days, the legacy INS was active in initiating a revocation of green card proceeding before the immigration courts to stip off the approved green card and launch a deportation proceeding based either on the ground that there was a fraud on the parties or the INS approved the I-485 application without the knowledge of such fact of ill-conceived intent of the parties. The theory of the law is that "had the agency known the true facts." the agency would not have approved the employment-based I-485 because the I-485 could have been ineligible without such intent. Intent is proven in most cases by the circumstantial evidence since no one can go into the state of mind of other person. The evidence they used to use was the evidence of search of another employment immediately before or after I-485 was approved. For the reasons, even though there is no fixed period of time for a new green card holder to work for the sponsoring employer, legal counsels advised the employees not to send out employment application in writing to other employers immediately prior to the approval of I-485 application or at least for certain period of time like two months not to change employment, because such behavior can be construed as relection of the true state of mind and intent of the employee not to work for the sponsoring employer before or on the date of approval of I-485 application owing to short period of time that lapsed when they changed employment. This problem used to pop up during the naturalization proceeding when the agency learned that the alien changed employment immediately before or after the green card is granted. The foregoing inent issue can be overridden when the alien left the job because of employer's decision to terminate the employment or because of change of circumstances which are beyond the control of the parties such as slow-down of business and layoffs. Again AC-21 affected this issue, and it appears that the agency may no longer actively look for this issue. But theoretically, the issue still exists and a law is a law. Accordingly, there is always a potential risk of this issue popping up after green card is approved, especially when there is a grudged sponsoring employer who obtained and possessed such adverse evidence and contact the agency to revoke the green card. Just beware.
------------------------
Hope this helps.
Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..
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nixstor
12-13 09:13 PM
IMHO "legally" exploiting the system is illegal. I don't blame the system because any system will have some flaws in them. I would rather blame people who take advantage of situations esp in scenarios like this. We all know how much time some people has waited here. We heard a story on Monday right? Have we already forgot that? IV's goals and objectives are clear on its home page. Here comes the OP, registers himself and comes up with his first post of Labor substitution and how to better himself. I don't see any thing wrong in pete getting fired up. This exact attitude is the result of 6500 members and not 25,000 or what ever.
>>it appears that you support labor substitution as long as both the employer and employee can hush up the money involved and leave no proof.<<
If I was judging you I would have concluded that you support what the OP is doing and wouldn't asked you what your stand is. It depends on how you understand what I said. Those NASDAQ listed companies you were referring to might have substituted labors but I am sure they wouldn't charge X dollars for giving a better PD or deduct from payroll under some other miscellaneous stuff. I am aware of what you are talking and what OP is talking and they are not the same. I don't need to explicitly tell how desi shops work with
pre-approved labor, esp in the current situation.
>>it appears that you support labor substitution as long as both the employer and employee can hush up the money involved and leave no proof.<<
If I was judging you I would have concluded that you support what the OP is doing and wouldn't asked you what your stand is. It depends on how you understand what I said. Those NASDAQ listed companies you were referring to might have substituted labors but I am sure they wouldn't charge X dollars for giving a better PD or deduct from payroll under some other miscellaneous stuff. I am aware of what you are talking and what OP is talking and they are not the same. I don't need to explicitly tell how desi shops work with
pre-approved labor, esp in the current situation.
webm
05-08 02:45 PM
To all the sufferers, please pursue your case with vigor at every opportunity.
I am glad to see the light at the end of the tunnel. I saw a welcome e-mail from USCIS today in the morning. Took 6 years to get the GC with a total stay of 10 years.
Congrats!! pal..
I am glad to see the light at the end of the tunnel. I saw a welcome e-mail from USCIS today in the morning. Took 6 years to get the GC with a total stay of 10 years.
Congrats!! pal..
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desi3933
07-19 02:27 PM
Desi.....someone asked you a question.....please reply in your typical red blue italic font. If you can not defend what you said, then admit that you were doing BS here. Thanks
I have already replied to him/her.
BTW, Are you his/her agent? Your post indicates what kind of person you are.
Good Luck.
______________________________
Green Card holder since May 2002
I have already replied to him/her.
BTW, Are you his/her agent? Your post indicates what kind of person you are.
Good Luck.
______________________________
Green Card holder since May 2002
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kode
02-22 08:12 PM
ehmm .. maybe because you never said that you wanted to participate in the battle ?? :sigh:
burnt
05-31 10:35 AM
Done - For me and my spouse
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sugaur
07-28 08:58 PM
There is a question about removing per country limit at the end.These morons are very concerned that no single country (meaning China and India) overwhelm the supply of immigrant visa's. I wonder if they will consider applying country limits when passing amnesty :D
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ps57002
10-11 05:25 PM
Wish I could say something to help those who missed feel better. I was fortunate. My PERM (atlanta center which is another slow goer but nowhere like BECs) got approved on Aug 14. I filed aug 17 but don't think I submitted all needed docs due to unavailabilty of some. I saw some people at Atlanta center wait for much longer than PERM should take and they gave up. My heart goes out to everyone. We do need to become involved with IV...be it those who are ahead in the game, be those stuck in Atlanta PERM, be those stuck in BEC and/or coming out of it now. Each and every person must join so as to fix this broken immigration system. People are stuck in differnet stages and it's not fair, so do get involved and help IV in helping you.
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willwin
06-05 09:59 AM
I am not sure. Here is what my opinion is :
I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.
Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.
I am sorry but I don't agree with you.
He never said he was running a charity for immigrants or an active supporter of IV.
Despite, he has been helping several immigrants with very apt and prompt replies to several questions (most of them very basic and repetitive) and if that is a way to attract new clients, I don't see anything wrong in that approach. After all, it is his business and he is using his own website to promote his business!
Above all, his views on USCIS is very logic to me especially his way of reasoning retrogression. He says VISA cut off date movement is inversely proportional to USCIS efficiency. The higher their efficiency, lower the movement and vice versa.
I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.
Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.
I am sorry but I don't agree with you.
He never said he was running a charity for immigrants or an active supporter of IV.
Despite, he has been helping several immigrants with very apt and prompt replies to several questions (most of them very basic and repetitive) and if that is a way to attract new clients, I don't see anything wrong in that approach. After all, it is his business and he is using his own website to promote his business!
Above all, his views on USCIS is very logic to me especially his way of reasoning retrogression. He says VISA cut off date movement is inversely proportional to USCIS efficiency. The higher their efficiency, lower the movement and vice versa.
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justAnotherFile
04-02 03:17 AM
coun as 2
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swarnapuri
07-17 10:07 AM
I am still not able to see, can you tell me what dates I-140 advanced degree are being processed.
September 14, 2006
September 14, 2006
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Winner
06-17 11:01 AM
My wife had to go to Canada to get her H1B revalidated before she travelled to India. At that time, we could get an appointment in Chennai consulate only after two months, but she had to travel sooner than that. We had to spend around $1500 for airfare/lodging and other expenses to just to get the stamping.
Also, the lost wages for 3 days.
If this process is really beneficial to USA in terms of security etc, we certainly have to do this, but I don�t see why the same procedure can be done inside USA instead of travelling to a foreign country.
Also, the lost wages for 3 days.
If this process is really beneficial to USA in terms of security etc, we certainly have to do this, but I don�t see why the same procedure can be done inside USA instead of travelling to a foreign country.
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sanju
09-08 08:24 PM
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
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Shirdibaba
11-04 06:01 PM
Hello nrk and others,
Did the agent Id match urs?
How soon did u get the appointment wt the Infopass aftre getting the letter?
Im still waiting to hear back frm our lawyer.
thnx
Did the agent Id match urs?
How soon did u get the appointment wt the Infopass aftre getting the letter?
Im still waiting to hear back frm our lawyer.
thnx
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transpass
12-01 12:09 PM
the quaterly spillover.. is that just speculation.. or has USCIS confirmed it?
I dont see any news release saying that there will be X number or quaterly spillovers...
Can IV get some kind of inputs..on how sure are these quaterly spillover rumours??
Just my 2 cents, but I think the quarterly spillover might not happen (Hope I am wrong) for various reasons...
1. If they do quarterly spillovers allocating the left over EB1 to other categories, then it is theoretically possible in the last quarter that, if there is a surge in EB1 applications, CIS might be left with not enough visa numbers for EB1 , and subsequently EB1 might not reach the 28% (or whatever this number) of total employment GCs. This situation will further compound the problem for CIS...Given the situation, this might not be practical, but theoretically possible...So CIS might be thinking, "why have the headache to deal every quarter when the numbers will be clear in the last quarter"
2. Since the spillover also includes Family based to EB, this even more complicates the above issue.
3. Well, administratively it is easy for CIS to issue the spillover visas once at the end of the year, rather than do 4 times a year at the end of each quarter. I guess less work with the same result...
I dont see any news release saying that there will be X number or quaterly spillovers...
Can IV get some kind of inputs..on how sure are these quaterly spillover rumours??
Just my 2 cents, but I think the quarterly spillover might not happen (Hope I am wrong) for various reasons...
1. If they do quarterly spillovers allocating the left over EB1 to other categories, then it is theoretically possible in the last quarter that, if there is a surge in EB1 applications, CIS might be left with not enough visa numbers for EB1 , and subsequently EB1 might not reach the 28% (or whatever this number) of total employment GCs. This situation will further compound the problem for CIS...Given the situation, this might not be practical, but theoretically possible...So CIS might be thinking, "why have the headache to deal every quarter when the numbers will be clear in the last quarter"
2. Since the spillover also includes Family based to EB, this even more complicates the above issue.
3. Well, administratively it is easy for CIS to issue the spillover visas once at the end of the year, rather than do 4 times a year at the end of each quarter. I guess less work with the same result...
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MDix
02-11 01:58 PM
That's absolutely right.
I personally think Mr. MPADAPA's assumption is wrong. Last year (2008), the spillover came from Family quota of 2008. Spillover from Family or Employment quota of a particular year cannot be given to the following year. So the fact that there is nothing left from the family quota of 2008 doesn't change any situation here.
So, this year the spillover that Employment category can get from Family quota will be the unused numbers of 2009 Family quota.
This is just my thought!
Thanks,
MDix
I personally think Mr. MPADAPA's assumption is wrong. Last year (2008), the spillover came from Family quota of 2008. Spillover from Family or Employment quota of a particular year cannot be given to the following year. So the fact that there is nothing left from the family quota of 2008 doesn't change any situation here.
So, this year the spillover that Employment category can get from Family quota will be the unused numbers of 2009 Family quota.
This is just my thought!
Thanks,
MDix
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mygcstory
07-16 11:24 PM
But the EAD/AP is a good band aid indeed, for many
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kosars
08-13 10:47 PM
no i will wait for the receipt
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NKR
02-13 09:28 AM
NKR, not sure if you heard about this one proverb... "jabh kismath GA***U hai tow kya karey ga PANDU"....we unfortunately get trapped with such type of employers who trouble their employees and learn lessons in hard way and looks like you haven't encountered any such experiences with your employer, if that's the case you are lucky enough & I wish you would NEVER fall into such employers hand who trouble for so many other different reasons....or not sure you should have one small experience and see how you feel just for the heck of it....
I can sit here and add as many proverb's here all day long but the point here is try to be supportive to folks who are seeking for some help rather then sharing your "KATARA" proverb's..grow up man!!
dude, that was not my proverb. I was replying to fearonlygod's post. I had only quoted him. anyways your proverb is funny and appropriate, had a good laugh.
I can sit here and add as many proverb's here all day long but the point here is try to be supportive to folks who are seeking for some help rather then sharing your "KATARA" proverb's..grow up man!!
dude, that was not my proverb. I was replying to fearonlygod's post. I had only quoted him. anyways your proverb is funny and appropriate, had a good laugh.
speddi
05-05 02:56 PM
Hi,
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
Guig0
02-03 07:32 AM
who voted for me? :beam: i have one vote...:whistle:
eilsoe: why you have been mean to me? what did i say or do that hurt your feelings :q: whaat ? :*(
first you cut me out of the loop on the battle thread, then you post that castle, with the word kigdom wrong spelled, just to make me look stupid :(
why :*(
on page 14 of the battle thread i have two attache files of the newer version
eilsoe: why you have been mean to me? what did i say or do that hurt your feelings :q: whaat ? :*(
first you cut me out of the loop on the battle thread, then you post that castle, with the word kigdom wrong spelled, just to make me look stupid :(
why :*(
on page 14 of the battle thread i have two attache files of the newer version
