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logiclife
01-19 06:37 PM
However, if there is so much noise over immigration in general, then atleast there is hope of comprehensive immigration bill being considered by Senate which will lead to overall comprehensive legislation -- a vehicle that can carry legal immigration reform also.
Nice post APNAIR.
--logiclife.
Nice post APNAIR.
--logiclife.
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BMS1
01-24 03:14 PM
For transiting through US airports, you need to prove you do not have immigration intent or commitment to another country like home ownership, (and the whole nine yards that go with it). That is far more difficult to establish. Many businesses in developing countries that used to route travels to South America via Atlanta now route them via Europe which is easier compared to US since 2003.
Actually US travel industries are fighting hard to get Transit Without Visa (TWOV) and International-to-International (ITI) passenger programs in US airports re-introduced.
Actually US travel industries are fighting hard to get Transit Without Visa (TWOV) and International-to-International (ITI) passenger programs in US airports re-introduced.
mammoy2k
01-08 12:03 PM
If you dont have PR, the rateyou pay is higher. Some deny loans as well.
I am on H1/EAD and own a home. Lenders don't deny you a loan solely based on your visa status. Some think its too risky to own a home before getting a green card. I think this is a personal choice you make based on your comfort level. IMHO, we should keep the home ownership out of this. If we include things that are simply not true, it will only make our letter(s) less credible.
I am on H1/EAD and own a home. Lenders don't deny you a loan solely based on your visa status. Some think its too risky to own a home before getting a green card. I think this is a personal choice you make based on your comfort level. IMHO, we should keep the home ownership out of this. If we include things that are simply not true, it will only make our letter(s) less credible.
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pappu
11-22 07:50 PM
http://www.bibdaily.com/pdfs/Tao%2011-7-07.pdf
Plaintiff suggests that the fact that her application
has been pending for nearly three years is patently
unreasonable. She argues that Congress intended
applications to be adjudicated within 180 days. See 8
U.S.C. � 1571(b) ("It is the sense of Congress that the
processing of an immigration benefit application should
be completed not later than 180 days after the initial
filing of the application . . .."). That [*10] 180-day
timetable may provide some guidance here, although the
"sense of Congress" expressed in INA Section 1571(b)
does not necessarily carry the force of law. See Yang v.
California Dep't of Social Servs., 183 F.3d 953, 958-59
(9th Cir. 1999).
Defendants argue that there is no statutory deadline
by which applications must be adjudicated and that, in
any event, the "first-in, first-out" protocol must be given
deference. True, Congress has not established a
mandatory timeframe for the USCIS to adjudicate
applications. Moreover, "'[t]he passage of time alone is
rarely enough to justify a court's intervention in the
administrative process, especially since administrative
efficiency is not a subject particularly suited to judicial
evaluation.'" Yu, 36 F. Supp.2d at 934 (quoting Singh v.
Ilchert, 784 F. Supp. 759, 764-65 (N.D. Cal. 1992)).
However, the court also recognizes that there is no
precise formula for determining whether there has been
an unreasonable delay. Instead, "[w]hat constitutes an
unreasonable delay in the context of immigration
applications depends to a great extent on the facts of the
particular case." Id.
Plaintiff suggests that the fact that her application
has been pending for nearly three years is patently
unreasonable. She argues that Congress intended
applications to be adjudicated within 180 days. See 8
U.S.C. � 1571(b) ("It is the sense of Congress that the
processing of an immigration benefit application should
be completed not later than 180 days after the initial
filing of the application . . .."). That [*10] 180-day
timetable may provide some guidance here, although the
"sense of Congress" expressed in INA Section 1571(b)
does not necessarily carry the force of law. See Yang v.
California Dep't of Social Servs., 183 F.3d 953, 958-59
(9th Cir. 1999).
Defendants argue that there is no statutory deadline
by which applications must be adjudicated and that, in
any event, the "first-in, first-out" protocol must be given
deference. True, Congress has not established a
mandatory timeframe for the USCIS to adjudicate
applications. Moreover, "'[t]he passage of time alone is
rarely enough to justify a court's intervention in the
administrative process, especially since administrative
efficiency is not a subject particularly suited to judicial
evaluation.'" Yu, 36 F. Supp.2d at 934 (quoting Singh v.
Ilchert, 784 F. Supp. 759, 764-65 (N.D. Cal. 1992)).
However, the court also recognizes that there is no
precise formula for determining whether there has been
an unreasonable delay. Instead, "[w]hat constitutes an
unreasonable delay in the context of immigration
applications depends to a great extent on the facts of the
particular case." Id.
more...
indigo10
04-05 06:01 PM
Good that they are not waiting until July bulletin, like what they did for the past few years !!!
anybody knows why ?
anybody knows why ?
Michael chertoff
09-30 08:41 PM
Dude not all 2004's got cleared..i am still waiting for approval and many more like me are still out there waiting to get greened..dont know when we will be approved..hopeing to get next month..:mad:
Brother . this month you all will get greencard...best of luck
MC
Brother . this month you all will get greencard...best of luck
MC
more...
l1fraud
06-16 09:38 PM
OP Do you know how many L1 visa types are there???
Who said L1 can't be at claient place? Who said L1 can't do programming?
:mad:
Don't spit on other community becoz you are loosing some thing...
L-1A
L-1B
Blanket L1s
L-1A - Managers (lucky ones eligible for EB1), offlate not abused much as L-1A visa petitions are scrutinized well by USCIS (lot of RFEs).
L-1B - Speciality Skilled ones.. MOST ABUSED category of L visa... petition for these resources would be for a internal tool / custom product and they tell the same during consulate interviews BUT mostly gets deployed to consulting assignments. For Eg. A java programmer would have a petition which talks about a custom product / internal tool where programming language would be java once the visa is stamped these resource would be placed on Java project which has nothing to do with his petition and HENCE THE VIOLATION.
Blanket L1s - Blanket petition for a large group of resources from a company ... now a days USCIS & consulate doesn't allow these companies to use this category as they found this was one of the most abused category. Once again the process of sending these resources to other projects remains the same once the visa is stamped.
ALL THE ABOVE VISA categories are banned from either
1. Working on a client managed project (staff augmentation purpose).
2. On any technical skilled projects other than the specific internal tools/products mentioned in their petitions (both when client/their own company manages the project).
PLEASE REFER L1 REFORM ACT OF 2004.
Approved L1 petition is the final word in deciding what kind of work the resource can do here in US... not outsourcing companies greed.
Hope your doubt regarding the L1 visa categories is cleared.. I'll give the details of how these outsourcing companies work and how to bust them by reporting to ICE/USCIS in the next post.
Who said L1 can't be at claient place? Who said L1 can't do programming?
:mad:
Don't spit on other community becoz you are loosing some thing...
L-1A
L-1B
Blanket L1s
L-1A - Managers (lucky ones eligible for EB1), offlate not abused much as L-1A visa petitions are scrutinized well by USCIS (lot of RFEs).
L-1B - Speciality Skilled ones.. MOST ABUSED category of L visa... petition for these resources would be for a internal tool / custom product and they tell the same during consulate interviews BUT mostly gets deployed to consulting assignments. For Eg. A java programmer would have a petition which talks about a custom product / internal tool where programming language would be java once the visa is stamped these resource would be placed on Java project which has nothing to do with his petition and HENCE THE VIOLATION.
Blanket L1s - Blanket petition for a large group of resources from a company ... now a days USCIS & consulate doesn't allow these companies to use this category as they found this was one of the most abused category. Once again the process of sending these resources to other projects remains the same once the visa is stamped.
ALL THE ABOVE VISA categories are banned from either
1. Working on a client managed project (staff augmentation purpose).
2. On any technical skilled projects other than the specific internal tools/products mentioned in their petitions (both when client/their own company manages the project).
PLEASE REFER L1 REFORM ACT OF 2004.
Approved L1 petition is the final word in deciding what kind of work the resource can do here in US... not outsourcing companies greed.
Hope your doubt regarding the L1 visa categories is cleared.. I'll give the details of how these outsourcing companies work and how to bust them by reporting to ICE/USCIS in the next post.
2010 credit cards icon
aau
08-07 04:28 PM
I am in the same boat. My employer decided to file my case under EB3. For that, even the job position was in such a way that required only EB3. I had 7 years experience at that time. So it could have been EB2. That is fine, I am not sad about it.
My question is, since the original position had requirements that met EB3 and not EB2, how can you now justify moving to EB2 within the same company and for the same position?
You can't move to EB2 if both employer and position remain the same. I was promoted after working with them for 3 years!:rolleyes: Plus I have a Masters in Computer Science. My new position required more experience and a Master's Degree, hence qualified for an EB2.
Similarly, you can change employers and look for a better job. Then you can use the experience gained at the previous employer. But, ALWAYS, the job requirement has to state the need for years of experience or Advanced degree.
My question is, since the original position had requirements that met EB3 and not EB2, how can you now justify moving to EB2 within the same company and for the same position?
You can't move to EB2 if both employer and position remain the same. I was promoted after working with them for 3 years!:rolleyes: Plus I have a Masters in Computer Science. My new position required more experience and a Master's Degree, hence qualified for an EB2.
Similarly, you can change employers and look for a better job. Then you can use the experience gained at the previous employer. But, ALWAYS, the job requirement has to state the need for years of experience or Advanced degree.
more...
ramaonline
07-10 08:06 PM
The flower campaign is mentioned on the homepage of ilw.com along with a link to IV. This is a very popular site for Immigration related information and articles
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srikondoji
06-29 04:54 PM
Let us call rumors as pure rumors, even if they are from individuals here on IV or from aila until the official agency release their report.
Let us step back a bit and analyse it with just common sense.
USCIS and whatever that other agency is, is not a fool to release a july bulletin and make everybody current. If they have made all categories current in the hope that they want to utilize all visa numbers then this is the height of stupidity. If that was their intent, they could have moved dates 2-3 months each month starting july till September.
They should have prepared themselves for the flood of applications starting july 1st, and that is the reason for suspending the premium processing.
Make PD's current and then goingback in just couple of weeks doesn't make sense at all.
If someone has done this in haste then i doubt the overal integrity of this organization and its continuity.
When i started the rumor of possible mid july retrogression, then that was based on the flood of applications that would go by july 2nd week. I am surprised that people are now talking monday or tuesday retrogression and a possible fresh bulleting from USCIS.
Who would know the fresh july bulletin updates from USCIS other than USCIS and why would they leak that information before hand?
Why should we beleive aila?
Do an independent and individual assesment of this issue and go have a beer for the weekend.
Let us step back a bit and analyse it with just common sense.
USCIS and whatever that other agency is, is not a fool to release a july bulletin and make everybody current. If they have made all categories current in the hope that they want to utilize all visa numbers then this is the height of stupidity. If that was their intent, they could have moved dates 2-3 months each month starting july till September.
They should have prepared themselves for the flood of applications starting july 1st, and that is the reason for suspending the premium processing.
Make PD's current and then goingback in just couple of weeks doesn't make sense at all.
If someone has done this in haste then i doubt the overal integrity of this organization and its continuity.
When i started the rumor of possible mid july retrogression, then that was based on the flood of applications that would go by july 2nd week. I am surprised that people are now talking monday or tuesday retrogression and a possible fresh bulleting from USCIS.
Who would know the fresh july bulletin updates from USCIS other than USCIS and why would they leak that information before hand?
Why should we beleive aila?
Do an independent and individual assesment of this issue and go have a beer for the weekend.
more...
gc_on_demand
09-12 07:32 PM
------------------------------------------------------
Update
------------------------------------------------------
We have learned that in all probability House Judiciary committee will finishing marking up HR5882 in the next committee meeting. The bill is likely to be brought to the House floor the following week. We have been told that if our bill(s) pass the House, Senate will include the language of the bill(s) in another Senate bill that has majority support. We must admit that the time is shot but its still possible.
We request everyone that starting monday, please call all the members of Judiciary committee. Thanks to the members who have already made phone calls to the lawmaker's office. We request you to please call again to show your support starting Monday.
Thanks,
You have given me new ray of hope... I will re call commettie members as well as local congressmen again.
Update
------------------------------------------------------
We have learned that in all probability House Judiciary committee will finishing marking up HR5882 in the next committee meeting. The bill is likely to be brought to the House floor the following week. We have been told that if our bill(s) pass the House, Senate will include the language of the bill(s) in another Senate bill that has majority support. We must admit that the time is shot but its still possible.
We request everyone that starting monday, please call all the members of Judiciary committee. Thanks to the members who have already made phone calls to the lawmaker's office. We request you to please call again to show your support starting Monday.
Thanks,
You have given me new ray of hope... I will re call commettie members as well as local congressmen again.
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gc_buddy
11-12 02:55 PM
Guys,
Please don't be afraid to share your denial info. At this time, OMB is asking to remove all personally identifiable information from reciept notices. So, we don't have to worry. We will get much attention only with specific evidances. Please do not hesitate..
I have recieved Omb response since I partificipated in the campaign. But, I have not used AC21 yet. Will be contacting PD_Recap for further direction.
Please don't be afraid to share your denial info. At this time, OMB is asking to remove all personally identifiable information from reciept notices. So, we don't have to worry. We will get much attention only with specific evidances. Please do not hesitate..
I have recieved Omb response since I partificipated in the campaign. But, I have not used AC21 yet. Will be contacting PD_Recap for further direction.
more...
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pop
01-19 10:53 AM
You did not turn in your H-1B I-94 at the time of leaving? You have two I-94s right now or your attorney just wants your H-1B approval for filing the extension? Will he also attach a copy of your new I-94?
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CADude
09-19 04:15 PM
I sent following fax to senator, congressmen, etc.
If any one knows the fax# of any senior executive @ NSC. Please post here.
Bottomline, everyone has to fight his/her battle. Help yourself.
Date: Sept 19th 2007
To,
The Honorable Senator Dianne Feinstein
United States Senate
331 Hart Senate Office Building
Washington, D.C. 20510
Phone: (202) 224-3841
Fax: (202) 228-3954
Sub: Inquiry/status for I-485 AOS application sent to USCIS, Nebraska Service Center on July 2nd 2007 [USPS Tracking No. XXXXXXXUS]
Dear Honorable Ms. Feinstein,
My Adjustment Application [type, e.g. I-485] was delivered to INS Express, Nebraska Service Center, Lincoln, NE on July 2nd 2007. I didn’t get any information for said application. USCIS Customer Service are very unhelpful and don’t provide any information.
USCIS website says NSC are working with August 2007 received AOS applications. So USCIS is either not following the First in First out (FIFO) process for sure or misleading the public.
I need help of your good office to track my AOS application delivered to NSC on July 2nd 2007. Please feel free to contact me for any additional information.
Details as provided below:
...
...
...
Sincerely yours,
If any one knows the fax# of any senior executive @ NSC. Please post here.
Bottomline, everyone has to fight his/her battle. Help yourself.
Date: Sept 19th 2007
To,
The Honorable Senator Dianne Feinstein
United States Senate
331 Hart Senate Office Building
Washington, D.C. 20510
Phone: (202) 224-3841
Fax: (202) 228-3954
Sub: Inquiry/status for I-485 AOS application sent to USCIS, Nebraska Service Center on July 2nd 2007 [USPS Tracking No. XXXXXXXUS]
Dear Honorable Ms. Feinstein,
My Adjustment Application [type, e.g. I-485] was delivered to INS Express, Nebraska Service Center, Lincoln, NE on July 2nd 2007. I didn’t get any information for said application. USCIS Customer Service are very unhelpful and don’t provide any information.
USCIS website says NSC are working with August 2007 received AOS applications. So USCIS is either not following the First in First out (FIFO) process for sure or misleading the public.
I need help of your good office to track my AOS application delivered to NSC on July 2nd 2007. Please feel free to contact me for any additional information.
Details as provided below:
...
...
...
Sincerely yours,
more...
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thakurrajiv
09-26 11:59 PM
Its not that I think I am smarter or have any additional insight...but I take things at face value. Of course the total number of pending cases in the chart and in the PDF should match - they both are exactly what they say they are "PENDING EMPLOYMENT BASED I-485 cases" If that's what the report title says, that's exactly what it means. No point in over-analyzing if this is just for pre-adjudicated or only primary applications etc....
I say stupid questions because people still ask "Does the PDF report contain numbers for dependents or only for primary applicants" - so you are telling me that this is not clear from the PDF report??
Illinois-alum I don't have anything against you. I just objected to your language.
As far as your clarity on dependent question goes, it may not be clear to someone very new to the process. So their question might be valid. Nothing wrong in this.
And on over-analysis, I don't think that's the case. We still don't have clear answer on discrepancy.
I say stupid questions because people still ask "Does the PDF report contain numbers for dependents or only for primary applicants" - so you are telling me that this is not clear from the PDF report??
Illinois-alum I don't have anything against you. I just objected to your language.
As far as your clarity on dependent question goes, it may not be clear to someone very new to the process. So their question might be valid. Nothing wrong in this.
And on over-analysis, I don't think that's the case. We still don't have clear answer on discrepancy.
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pshaikh
12-17 12:50 PM
All - I see a lot of "views" but no replies...
Please enter the info even if you have not received the passport yet.
eg:
Dec 5, Passport rcvd - NO (as of Dec 17), , H1-B, Chennai, Renewal-yes
other details: <.....................>
Any info. would be helpful at this time ... thanks!!!
Please enter the info even if you have not received the passport yet.
eg:
Dec 5, Passport rcvd - NO (as of Dec 17), , H1-B, Chennai, Renewal-yes
other details: <.....................>
Any info. would be helpful at this time ... thanks!!!
more...
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RDB
11-25 05:40 PM
I know the rules of car buying and hence mentioned the word hypothetical - however, as I said earlier, I agree with your basic principle that we are liable for whatever we signed up for and if you look at my first post on this thread that is exactly what I suggested to punjabi77 i.e. Is renting an option?
If we strictly go by the purpose of this thread - yes, we are in agreement that punjabi77 should look at alternative ways of paying off his mortgage or just simply sell his asset with a ~20k loss.
Peace :)
Some Rules:
Rule 101 for car buying: Value depreciates moment you walk out of show room. How much it will be, no one can guarantee you and no one but you are liable for depreciation.
Rule 101 for Home buying: Value of the debt you sign will remain unchanged
while the value of asset may erode.
Rule 102: House is a secure debt: meaning if you don't pay the house will be repossessed by bank. So you have to pay to play.
Do you know there is no earthquake insurance in California so if you loose your fully paid house in earth quake you are left with ZIP !!!
Mother of all Rule: Don't get into the any game without knowing the rules.
Now some clarification: The money Punjabi77 own to the bank is actually already paid to the builder or seller (previous owner) by the bank. Bank gave away that money just by a stroke of signature of Punjabi77 and in return for future interest payments. So the asset value on the book is what Punjabi
owes not a penny less and not a penny more. If they reduce the asset value to make Punjabi77 feel better it will be taking loss for him ? Why should they do it ? Should they take it back from builder and where do we stop ?
We can demonize lenders, Wall St and everyone all we want, but this thread is not about them. This is about punjabi77. But I don't know why it is so hard for us to just accept that we screwed up, got enticed made a mistake and start to fix it. Stop the blame game for once. I can attribute all my problems to someone or the other but how does it help me ? The sooner I accept them and start to work on then better it is for me.
If we strictly go by the purpose of this thread - yes, we are in agreement that punjabi77 should look at alternative ways of paying off his mortgage or just simply sell his asset with a ~20k loss.
Peace :)
Some Rules:
Rule 101 for car buying: Value depreciates moment you walk out of show room. How much it will be, no one can guarantee you and no one but you are liable for depreciation.
Rule 101 for Home buying: Value of the debt you sign will remain unchanged
while the value of asset may erode.
Rule 102: House is a secure debt: meaning if you don't pay the house will be repossessed by bank. So you have to pay to play.
Do you know there is no earthquake insurance in California so if you loose your fully paid house in earth quake you are left with ZIP !!!
Mother of all Rule: Don't get into the any game without knowing the rules.
Now some clarification: The money Punjabi77 own to the bank is actually already paid to the builder or seller (previous owner) by the bank. Bank gave away that money just by a stroke of signature of Punjabi77 and in return for future interest payments. So the asset value on the book is what Punjabi
owes not a penny less and not a penny more. If they reduce the asset value to make Punjabi77 feel better it will be taking loss for him ? Why should they do it ? Should they take it back from builder and where do we stop ?
We can demonize lenders, Wall St and everyone all we want, but this thread is not about them. This is about punjabi77. But I don't know why it is so hard for us to just accept that we screwed up, got enticed made a mistake and start to fix it. Stop the blame game for once. I can attribute all my problems to someone or the other but how does it help me ? The sooner I accept them and start to work on then better it is for me.
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zram1977
10-05 08:30 AM
we got approval on our I-485 (PD Jan,2006).
I take this opportunity to THANK IV ans its Core Group for doing this wonderful service to EB Immigrants community.
Thanks and best wishes for those who are in the sprocess.
Ram.
I take this opportunity to THANK IV ans its Core Group for doing this wonderful service to EB Immigrants community.
Thanks and best wishes for those who are in the sprocess.
Ram.
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nrk
08-17 02:05 PM
congrats enjoy.
Hi guys
Just now (12.30 PM EST) I got a mail from USCIS saying your application has been approved. I didn't do anything (never opened SR or contacted Senator) but last week I did had an info pass appointment which was useless. MY PD was Feb 2005 EB2 INDIA (The fun part is My AP and EAD are still pending for over 4 months)
Wish you good luck guys
Thanks again
Hi guys
Just now (12.30 PM EST) I got a mail from USCIS saying your application has been approved. I didn't do anything (never opened SR or contacted Senator) but last week I did had an info pass appointment which was useless. MY PD was Feb 2005 EB2 INDIA (The fun part is My AP and EAD are still pending for over 4 months)
Wish you good luck guys
Thanks again
dhirajs98
06-21 08:42 AM
I have two labors
PERM EB2
Labor: Certified
PD: Dec 06
I-140: Filed in Premium Processing on May last week
RFE Received: June 1st
RFE Response Sent: June 6th
Status: No updates from USCIS
I-485: I can file based on the pending I-140
========
RIR EB3
PD: Jan 2004
Labor: Noy yet Certified. Based on my case analyst at DBEC it should be certified by June 30th.
==========
Question:
1. If I file I-485 with EB2 labor. Can I use EB3 PD later for getting GC faster?
2. Does PD matters once I-485 is filed?
3. If I file I-485 with EB2 and then due to some reason my I-140 gets rejected what options I have?
PERM EB2
Labor: Certified
PD: Dec 06
I-140: Filed in Premium Processing on May last week
RFE Received: June 1st
RFE Response Sent: June 6th
Status: No updates from USCIS
I-485: I can file based on the pending I-140
========
RIR EB3
PD: Jan 2004
Labor: Noy yet Certified. Based on my case analyst at DBEC it should be certified by June 30th.
==========
Question:
1. If I file I-485 with EB2 labor. Can I use EB3 PD later for getting GC faster?
2. Does PD matters once I-485 is filed?
3. If I file I-485 with EB2 and then due to some reason my I-140 gets rejected what options I have?
brb2
08-05 08:44 PM
It will not help. Your aliases will be checked too. If you look at the names of 3000 or people stuck in name check, it is mostly Indians, Chinese, Russsians and a smattering of some Arab names from all over the world including middle east and Africa. Most are men. Evidently, this is racial and religious profiling based on "classified criterion". It will be interesting if AILA files a class action suit against FBI/USCIS by a whole class of people targetted, who in most cases have nothing to do with any crime.
http://www.petitiononline.com/nc082505/petition.html
Look up the names of people stuck in name check to see how common names like Singh, Kaur and Kumar are caught up. Shows how intelligent the alogrithm is!
my lastname is unique.
will it help ?
http://www.petitiononline.com/nc082505/petition.html
Look up the names of people stuck in name check to see how common names like Singh, Kaur and Kumar are caught up. Shows how intelligent the alogrithm is!
my lastname is unique.
will it help ?
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