Saturday, August 6, 2011

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  • cableman
    05-10 09:29 PM
    Thanks cableman.

    I did read that part and hence my question was if I am in the fourth/fifth year of my CA PR when I decide to go to CA, will I be allowed at least in the country.

    Another question was if I am in my 4th/5th year and know that it might take me another year before I go to CA, can I apply for CA PR again, even when I already have my CA PR OR if I apply for my CA PR immediately after my current CA PR expires, would I get it again (assuming I have the necessary points)

    Thanks again to everyone who tries to shed some light.

    Be honest, I don't know the real answers. You should find a lawyer to discuss this. I just share my thoughts. For your first question. I guess you should have no problem to enter Canada as long as your Maple card is still valid. However, I think when you renew your Maple card, you will have problem. For your second question. I think you can't re-apply PR as long as you still have the PR status. I think you may have to wait until your Maple card expires. I don't know the successful rate of re-applying PR. Enough point is one consideration, your intent to stay will be another consideration. I will be surprised if the immigration officer won't question you why you gave up the last PR status. You must prepare a good answer. Let me put in this way. Consider yourself is the immigration officer, will you question the applicant who gave up the status and re-applied again? Last advice. If you want to keep the PR, you should find a good lawyer to discuss the possibility of explaining to Canadian immigration why you need more time to move to Canada.





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  • nixstor
    08-03 03:45 PM
    While I accept that it is unfair, How many of the people will not take a labor substitution if they feel that the company is good and kept their books nice. Retropain, You, me and some xyz might stick to FIFO and wait in line but not every one does. I am sure 99% of the people who vote on your poll will say its unfair and must be removed. Do you still need one? I feel that substitution will be gone soon.





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  • Lasantha
    02-15 01:35 PM
    Hey Bestia,
    Any wild guesses how far the dates could move for April (if at all)? I have March 05 and pretty excited.


    Dyana, I thought you are the primary applicant. In your case - yeah, you are free to use EAD once you get it. It's your husband who should be maintaining 180 days, "same or similar", etc. I got my EAD on 11th week (I am primary applicant). Some people get earlier, some later.

    You have good chance of approval, because we are current and I suspect we will be current several months from now. I-485 approval is like a lottery. It can be approved in 1 month or your application can rot for years. Lottery :)





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  • newtoearth
    05-02 09:19 AM
    ....



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  • nogc_noproblem
    07-17 01:02 PM
    Friend, as advised (?) by you, I read your other posts in this thread, I could not find the source but I found what you are saying to others.

    “This whole thread is speculation

    Try to think logically

    You should read the INA law clearly.

    But if this speculation makes you happy, enjoy!”

    You can be very smart of yourself, but don’t think others are idiots and fools. It is up to you agree or disagree with others opinion, but don’t show your "others don't know anything" attitude (“try to think logically”, “read INA law clearly”, “everybody is speculating”) here.


    Read my earlier posts for source. Ofcourse it is speculation if you are thinking EB2 will be current in one year :) I would be more than happy if USCIS did that, but try to think logically than expecting miracles to happen. As you said, its a wait-n-watch for results.





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  • Desertfox
    09-23 04:06 PM
    Nixstor,

    Thanks for the brilliant idea, but I have a question about the draft. Is it really necessary to mention that 20% downpayment clause in there? I am a non-IT (manufacturing) EB3 applicant making half the salary you mentioned in the draft, and I bought a house with a 3% downpayment on a FHA loan. However, I have an excellent credit and I don't foresee myself in a foreclosure situation in the near future. I dont know if there are many GC applicant with my profile, but aren't we helping the housing market by buying a house?

    Anyway, I will support every initiative that has the remotest possibility to remove one person in line ahead of me.



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  • dilipcr
    06-12 03:53 AM
    dilipcr,

    Don't tell us you are trying to save america for americans ( now that you are going to be a citizen)

    Nope I am not. I am suggesting that first let the deserving get the GCs and not waste time fighting for all

    You are just trying to close the door behind you.

    Nope. I want the deserving people to come in. My criterion for a deserving guy is that the person works directly for a company. If you believe my criterion is flawed then call it out. Dont go about saying that I have selfish motives. wage destruction not just affects me but also the future IV GC holders and citizens. So whats wrong in my calling it out ?

    You think Grassley bill is good for everyone. Yeah sure it is good for you !

    Yes everyone in America for sure and it includes the current H1bs and prospective GC holders

    You have begun to think like loosers guild( aka programmers guild)
    If by saying that the deserving should get the first opportunity to get in, I belong to the losers guild, then I salute your critical reasoning

    You claim the fittest will survive and you don't need any luck to survive. However you had your round of layoffs too. That is a fact of american job market. Luck does play a lot in people's lives especially here in US. I have heard of an IBM engineer who was laid off during 2001 recession. He had 2 patents under his belt. So nobody is immune to luck factor.

    There you go. No wonder I still come across the favorite Indian past time of attributing everything to luck. Yes I had my share of layoffs. Why isnt it viewed from a point of view of my tenacity of survive, hang on and push harder ? Why should it be luck that aided me ? So you want to twiddle your thumb hoping that luck would take you through this journey ? Why not take some action ? If I had sat in a corner weeping and blaming luck for my 3 layoffs in 1 year, i would not have been whatever I am today.

    Now that you have become a GC holder and soon going to be a citizen, you are so much worried about the wage levels and and L1 visas. You are ok with H1Bs because you were on H1B earlier in your life.

    Yes I was a H1B to start with. But I did not represent an outsourcing company or a body shopping company. I was hired by a top notch company named MSFT. Ever heard of the spell check and grammar check algorithm in MS Word ? I had put in my 2 humble cents in developing an algorithm for MS Word 97 product then.

    Did you ever worry about depressing citizen's wages when you were on H1B ?

    You still think that I joined MSFT then after depressing a citizen's wage.

    It is one thing to be so self centered, another to say it aloud on a prospective immigrant's forum like IV.

    If my self interest would serve a great good for the deserving what is wrong in that ?

    BTW america is the best place to do business. If you feel threatened by more work force entering USA, become an entrepreneur like Vivek Wadhwa, not a loser like Ron Hira.

    Aren't we Indians a bunch of crabs !

    Dude, Read Vivek Wadhwas findings carefully. He wants the best and the brightest to be provided unlimited visas. I agree with him completely. He is not for perpetual fraud and wage destruction as proferred by the outsourcing companies. Next time when you quote a defence, atleast quote something that supports your case not the opponent's :-)





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  • Law Loving Alien
    08-30 01:38 PM
    Hi,

    I am canadian PR too. My understanding is you have to enter Canada with your Canadian PR within 6 months of getting your Canadian PR. However, you can immedietly come out of Canada and stay out of Canada for upto 3 years.

    The residency requirement to maintain your Canadian PR is to be physically present in Canada for total of 2 years out of 5 years after 1st time you enter Canada in Canadian PR.

    Experts...correct me if I am wrong...



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  • acecupid
    08-15 10:22 AM
    Collin Powell incident is America's problem. Even after the civil rights movement and equality to Blacks, they are still having discrimination. Just ask Black people in America and how they feel in their daily life.

    So according to you by coming to America we should forget India because you will call us traitor? Have you heard how Jews in America are so strong and care for Israel even after becoming US citizens?

    The fact is Indians are responsible for their own problems and greencard woes. They want to live in this sorry state and blame everyone else around them except themselves. They do not have any pride in their roots and thus flee their own country. They do not come to this country for betterment of their skills, education and experience but because they want to flee the country. There maybe exceptions but this is what I have seen in Indians who are on H1B or who have become US Citizens.

    Why is your profile info empty ? Have you forgotten your motherland or where you came from ?





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  • waitingnwaiting
    01-14 03:39 PM
    I would like to see Plainspeak's project plan on his idea. The plan should detail out timeline, budget, manpower and responsibilities. Most importantly what will Plainspeak do in this plan as a responsibility.

    Let us see if you can only write junk or can even post something useful.

    I did not see any plan yet. Basically he is wasting time with opinions from behind.



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  • CADude
    04-18 02:49 PM
    immigration-law.com

    04/18/2007: Further Clarification on Pending I-140 Substitution Petitions and Proposed Substitution Elimination Rule

    There are a couple of clarifications we want to make on our previous posting on this issue. The supplemental information part of a regulation is not binding, but when there is a room for interpretation on specific provisions of the rule itself, it gives a guidance to the interpretation. In this regards, for now, the correction to our previous interpretation should stand. Secondly, there is no information available about this issue in the final regulation which is expected to be released sooner or later. Whatever the final version will look, it may be prudent for the employers with the certified labor certification applications to file the substitution I-140 petitions as soon as possible before the final rule is released.
    04/18/2007: Clarification and Correction of Scope of Validity of Substitution of Approved Labor Certifications Under the Proposed Substitution Elimination Rule

    The final rule to eliminate the substitution is expected to be released in the near future. One question that raises the body heat has been the pending I-140 substitution petitions which have yet to be approved. Under the proposed regulation, there was a provision that the substitution approved at the time of enactment of the final rule will not be affected by the elimination rule. We previously interpreted the language "substitution approved" would include the approved I-140 substitution petitions and would not include the pending I-140 substitution petitions.
    We want to correct such interpretation. The substitution approved under the proposed rule appears to mean the substitution approved by the DOL and not necessarily the I-140 substitution approval. Accordingly, if the I-140 has been filed and is pending at the time enactment of the final rule, such case should not be affected by the elimination rule and remain valid. This is made clear by the following supplemental information to the proposed regulaation:
    Substitution of alien beneficiaries will be prohibited as of the effective date of a final rule resulting from this NPRM and that prohibition will apply to all pending permanent labor certification applications and to approved certifications not yet filed with DHS, whether the application was filed under the prior or current regulation. This regulatory change would not affect substitutions approved prior to the final rule's effective date.
    We stand corrected on this change.





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  • sampath
    04-29 12:22 AM
    Can you anyone tell what the lines highlighted below in blue means ?

    ************************************************** ******

    RIN: 1205-AB42 Agenda Cycle: 200610

    Title: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity

    Abstract: The Department of Labor proposed changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is eliminating the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL proposed to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The Final Rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. The proposed rule also addresses enforcement mechanisms to protect program integrity, including debarment with appeal rights. These amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).

    ************************************************** *******
    i got the above info from the OMB website below -

    http://www.reginfo.gov/public/do/eoViewRule?ruleID=269657



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  • _TrueFacts
    09-04 06:19 PM
    Now I think new people are running IV.
    Aman Kapoor (Walden Pond) is not controlling now. That is the reason these idiots have got the admin previlages. Now they do nothing worthwhile. Bunch of jockers.

    dealsnet,

    Don�t assume that things will work like they work in YSR regime.

    If you think that, the discussion does not make any sense to you then keep away. You are assuming that IMV has compromised security. FYI, this is not a YSR forum, nor it his jagir to do a security compromise.





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  • yabadaba
    02-14 02:32 PM
    Please be advised, that IV will not endorse this. If people are gathering here and in places like , please form your own mailing group and proceed.

    Those who are on this thread, if you have not yet sent the letter to President for the Admin fix campaign, please send it, and help IV make the grassroots campaign successful.
    chandu...have u read the lawsuit outcome? do u still think that an administrative fix is easier to achieve than a lawsuit? lets say it comes down to either/or...either a lawsuit or an administrative fix...which one would IV support?



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  • dealsnet
    09-03 10:47 AM
    IV have some threads about unrelated issues. But many replied because it is related to home country.

    But yesterday many people put funny posts regarding a second time elected CM, made me a bad feeling. Some one want to see his son also want to be killed. It means he want to see YSR family perished. No one put a comment like this when terrorist Kasab went rampage in Mumbai, no one want his family to be killed. This shows Kasab is better than DR. YSR Reddy ???. Educated people must behave responsibly.

    THIS ALL SHOWS, THE THE POSTS AGAINST HIM IS PARTISAN. SRK AND YSR ARE DIFFRENT. SRK done it for publicity for his film.

    If he is bad, no one vote for a second term. First time in AP, Congress CM completed 5 year term and elected for the second term. I don't know him. But reading from the online news, the comments which I have seen is very disturbing. Five people lost their lives. All family members are in a shock. One of the pilots wife is still not talking, becuse of the shock.

    SEE FROM BJP FIRST TIME FOR AN OPPOSITION LEADER:
    BJP President said as a mark of respect for the late leader, BJP’s flag would fly at half mast at the party headquarters. Party leaders said this is perhaps for the first time that party’s flag will fly at half mast following the demise of a leader of the opposition party
    Many states declare public holiday for his respect. These are ruled by other parties (Karnataka, TN etc..)



    SEE openion of TOI readers.

    India - NEWS - The Times of India (http://timesofindia.indiatimes.com/opinions/4967438.cms#top0)





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  • hopefulgc
    09-23 11:43 AM
    And so it begins... a guy puts on the table a good idea.. and then everyone start listing what is wrong with it or how it does not fit in their small self-centered universe.

    Let the censure begin!


    As completely unrelated these two issues are (from a law maker's perspective) on a normal day, these are possibly those times when each of these issues can help the other.

    IV has been discussing about the possibility of one for two solution (partial). The idea is to request congress to exempt EB applicants & their dependents from numerical limits of the Immigrant visas, if they buy a home. It is my belief that market sentiment is the most important thing in any financial market(s) and the housing prospects look pretty bleak. There are lot of members in the EB community that have NOT bought their own home, even though they could afford one because of the uncertainty with EB GC. IV's idea is to bridge the financial committees and judiciary committees in the House/Senate and see if corresponding Chairman/Ranking members are willing to listen. Things are moving so fast with the 700bn USD bail out plan and we will NOT have time to do things the normal way, through our counsel. We have to present this idea to the corresponding staff members of key members of congress (see list below) and see if this gets traction now or going forward.

    Please do not bring EB-5 discussion/comparison here. The proposed partial solution is different from EB-5 in that EB-5 investors invest money and we are investing in our future with a genuine intention of making USA our permanent home.


    If you already have a home, thats fine. Any such legislation will reduce the wait times in EB categories and we need housing markets to rebound for a safer economy before the ripple effects are felt every where.

    Who to write to

    Staff members(Chief of Staff, Legislative LA, Financial LA, Legislative Director) of Chairman/Ranking members of House/Senate Judiciary committee & Finance/Banking committee, Staff members of your representative and your senators. Please find staff members of the committees in the spreadsheet (http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw).

    You can find your representative & senator staff members on this website (http://www.outsourcecongress.org/outsource/congress/schstaffers.html).

    Please use valid email addresses and NOT fictitious/junk mail. It undermines the whole purpose and our emails will be flagged by mail scanners / spam checkers as some thing similar to famous Nigeria bank account scams.


    Email Subject: Proposal to alleviate current US Housing/economic crisis

    Content/Message

    SUMMARY

    This proposal alleviates the current US economic crisis, by motivating the US high skilled, legal immigrant workers to purchase homes. The size of this immigrant population is approximately 800,000 individuals. This effort if successful would inject up to US$ 20Billion approximately into the economy (approximately US$ 100 Billion in houses sold across the country) , while at the same time directing this money into the root cause of the economic crisis � the illiquidity of the national housing market. The above calculation is done
    assuming a median US home price of $212,400 and buyers making a down-payment of 20% of the cost of the home. Roughly estimating 400,000 buyers.

    BACKGROUND

    Undoubtedly, we are all devastated by the shake up on Wall Street in the past 15 days. Experts agree that the underpinning problem is the housing crisis caused by sub-prime mortgage loans. Many of us, who cannot afford our monthly mortgage payments are losing homes and putting them up for sale and foreclosure, which further adds to the crisis. At the same time, most of the Employment-based (EB) immigrant community would like to purchase homes and make the United States a permanent home for their families. These EB immigrants however, are living in a state of limbo, mostly in rental apartments because of the delays and uncertainties involved with the EB immigration procedure. The wait times in EB categories are exacerbated by the delays in processing by USCIS, even though eligible applicants have filed for Permanent Residency also known as Adjustment of Status. Such processing delays have resulted in the wastage of 218,000 immigrant visa numbers (Page 52 of USCIS Ombudsman Annual report 2007). The current Department of State visa bulletin shows 7+ years of wait times in certain categories. We strongly believe that legislation can be worked out in such a way that the housing markets all over the country can move towards recovery, while at the same time motivating the Green Card applicants to catalyze this recovery.

    It should be noted that this proposal by no means brings more immigrant workers into the US. The workers in the EB, skilled category are already present in the US, doing skilled jobs that no US worker is available to do. They are part of the long queue of backlogged cases that USICIS will eventually process; however, this wait can take years and in that case could not be used as a tool to minimize the course of the current economic crisis.

    SOLUTION

    Congress can pass legislation that exempts EB green card applicants and their dependents from the numerical limits of visa numbers, provided applicant(s) have bought a home making 20% down payment on the sale price of the home, for a time period deemed necessary by the congress.


    How can Employment based Immigrants help alleviate the housing problem?

    (1) Employment based immigrants are highly skilled and are employed in occupations such as Software, IT, Health care, Energy, Finance, Education and Research & Development across the United States.

    (2) Average income of these individuals/households is around 65,000/130,000 USD.

    (3) All these Employment based immigrants have gone through Department of Labor�s recruiting process, which certifies that there is no willing, able and qualified US Citizen to do the job.

    (4) Most of the Employment based immigrants have excellent credit history and good source of income to make the payments needed for their home mortgage.

    (5) By requiring a 20% down payment from this group of buyers, Congress can directly channel this money to where it is need most � at the banks.

    (6) Employment based green card applicants have been living in the United States for 6-8 years. Many of them have US graduate degrees in their fields of expertise. These applicants are well versed with the American culture and will not change the cultural landscape.

    (7) Financial burden on US government and treasury will be reduced drastically if the glut of houses in the market decreases.


    As a member of the community that wants to make the US its permanent home, I want to contribute to a solution that helps USA and US during these tough times. I sincerely believe that the 30 year commitment on mortgages by Employment based immigrants in the housing market, backed by solid, risk free mortgages can turn the down ward spiral in the housing market into a upward spiral.

    END OF CONTENT



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  • zCool
    05-09 05:08 PM
    All I can say is.. HUH???

    Now there are plenty of reasons to not go to canada.. but going to India and applying from there is NOT one of them:)

    Do you even know how long the wait is from India for processing time??
    It's 5 years and increasing BY THE DAY!

    for those in US GC and thinking of applying to canadian pr...

    DONT DO IT !!!

    You just end up spending around 3k-6k for you and your dependants, and it will go unused since you are waiting for US GC.

    the best way for canadian shit is to go back to India when you are sure you will not get the US GC. You can then apply for canadian PR from India.

    The canadian government just takes your money and you dont get jobs easily. Most of the jobs are for people with job experience "INSIDE CANADA".

    India is a good place to shit too. Your daily toilet does not HAVE to be in some other country if the restrooms in US are closed forever.





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  • kiran_k02
    08-17 01:42 AM
    Exactly.
    This part amazes me most.
    He is an actor on a personal visit and now govt of India has to intervene.

    And look at the protesters.
    There are thousands of more important issues in India and they don't bother them while detention of SRK makes them protest. Hight of stupidity.

    Amen!!





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  • unseenguy
    08-16 02:29 PM
    Is this what anti's call us? I think most of us are not just cheap labour. Definitely paid more that the average wage levels.

    No. I am comparing apples to apples. An american with your skills and qualifications would be paid more than you are being paid, at most places.

    If you are comparing with average wages, it doesnt make sense. Are you being paid more than americans with same skills and qualifications, if yes then you are not cheap but I doubt.





    lost_stranger
    10-10 03:13 AM
    While it is a good idea to educate the congress regarding the impact the EB Green Card applicants could have on the Housing Market. It is a terrible idea to propose a legislation which would offer GCs to applicants who would purchases houses in US. To put it bluntly, the legislation seems to be meant for selling GCs to applicants who are in a position to afford it, offering GC to applicants who will invest in housing market is akin to giving out GCs for cash and there is already a category for that. How would one factor in the CP applicants like nurses and PT who are waiting in their home countries?
    The idea should be modified to spread the message regarding the positive impact that the EB GC applicants could have on the housing market and not to create a niche category of EB applicants who can purchase their GC to scoot ahead of other less fortunate ones. This proposal should be nipped in the bud before some anti immigrant group or advocate like Lou gets wind of it.





    gc_on_demand
    09-14 03:45 PM
    I was among the very first to predict forward movement of EB2 (8 months back when most of the information available suggested no movement). Looking at September approvals i will see there will be very few cases pending from 2002-2004 for EB2 (those pending will be cleared in next few months since PD will stay current).

    My estimate is that

    EB2-India pending applications with PD older than Dec-2004 no more than 2000.
    EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone)


    Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.

    Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
    PERM applications stay stuck (as they are very few approvals in last 12 months)
    CIS is force to allocate visa every quarter (leading to large spill-over)
    Fewer EB3 to EB2 porting


    CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below

    EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
    EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)

    Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
    EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.

    BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
    PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
    1100 LCA => 3850 GC

    Total pending I-485 in 2005 (EB2 India) ~ 8000

    This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.


    I think Eb2 india got more than you think... It must be 15k or more from Spill and I do expect that india will get 30k spill this year.which will clear 05, 06 and half or 1st quarter of 2007



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