apahilaj
01-08 05:06 PM
Apahilaj,
Just sent you a PM. Please check your inbox.
Just replied you through PM.
Just sent you a PM. Please check your inbox.
Just replied you through PM.
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fromnaija
05-23 01:41 PM
Emailed the two Arizona senators plus 10.
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mhtanim
02-03 09:59 PM
Count me too. I am from NSC to CSC, my case is still in CA only.I don't know what is happening. I have opned 2 SR's also. I am a july 2 nd filer.
You are not the only one. My case is NSC-CSC-NSC and no FP yet.
You are not the only one. My case is NSC-CSC-NSC and no FP yet.
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sgupta33
11-07 11:30 AM
Hello All,
I am in the same situation in that I too have not received my FP notice as yet. Filed July 23rd at TSC. The application was transferred to CSC and then back to TSC. I opened a SR on October 5th and still have not received a FP notice. When I called to follow up, I've was told that the TSC is significantly delayed because of the volume of applications they received and to wait 90 days!
For those of you who have used infopass, was it helpful in getting your FP scheduled?
Also, can the person who wrote to the obudsman post the e-mail address and format of what he/she wrote? This would make it easier for those of us who would also like to send an e-mail.
Thanks.
I am in the same situation in that I too have not received my FP notice as yet. Filed July 23rd at TSC. The application was transferred to CSC and then back to TSC. I opened a SR on October 5th and still have not received a FP notice. When I called to follow up, I've was told that the TSC is significantly delayed because of the volume of applications they received and to wait 90 days!
For those of you who have used infopass, was it helpful in getting your FP scheduled?
Also, can the person who wrote to the obudsman post the e-mail address and format of what he/she wrote? This would make it easier for those of us who would also like to send an e-mail.
Thanks.
more...
amitkhare77
09-08 11:18 AM
EB3 India
EAD Sent 08/01/08
ND : 08/07/08
No LUD's since then.
Card production Ordered email on 09/05/08
EAD Sent 08/01/08
ND : 08/07/08
No LUD's since then.
Card production Ordered email on 09/05/08
Lasantha
02-05 01:17 PM
I think it depends on who the primary applicant is in your Canadian PR application. If you are the primary applicant (and used your spouce's qualifications to get the extra points), you should be able to do the landing alone. But if you are the secondary applicant and your wife is the primary then I don't think you can land without her.
I think the rule is that the secondary applicants cannot land until the primary applicant has landed. (So the secondary applicants (spouce, kids) have to land either with the primary applicant or after him.
Last week i received a letter from my canadian lawyer to send my passport to buffalo for stamping. The last date mentioned is March,08
Regarding me, I got through canadian immigration with mine and my wife's points. My wife is a Permanent resident for last 3 years 10 months in US. I am in EB3 category. PD Oct 06.
When checked the rules for maintaining PR in US for my wife, She cannot apply for PR in any other country till the time she is a PR in this country. As per the lawyers she will have a difficulty in applying for citizenship.
Now, I cannot myself apply for canadian immigration. because its a joint filing. What should i do?
I think the rule is that the secondary applicants cannot land until the primary applicant has landed. (So the secondary applicants (spouce, kids) have to land either with the primary applicant or after him.
Last week i received a letter from my canadian lawyer to send my passport to buffalo for stamping. The last date mentioned is March,08
Regarding me, I got through canadian immigration with mine and my wife's points. My wife is a Permanent resident for last 3 years 10 months in US. I am in EB3 category. PD Oct 06.
When checked the rules for maintaining PR in US for my wife, She cannot apply for PR in any other country till the time she is a PR in this country. As per the lawyers she will have a difficulty in applying for citizenship.
Now, I cannot myself apply for canadian immigration. because its a joint filing. What should i do?
more...
lasvegas
02-05 04:10 PM
I google'ed and came across not-so-good information about this.
http://www.immigrationportal.com/archive/index.php/t-188813.html
or just google "canada landing while I-485 pending" and read other links as well. Some attornies think accepting canada greencard MAY impact USA greencard! :eek:
Any more light on this aspect?
Gurus, anybody did canada landing after applying I-485 during July2nd? What was the experience like? Can immigration officers on both sides USA, Canada consider this conflicting on the grouds of " INTENT " ?
http://www.immigrationportal.com/archive/index.php/t-188813.html
or just google "canada landing while I-485 pending" and read other links as well. Some attornies think accepting canada greencard MAY impact USA greencard! :eek:
Any more light on this aspect?
Gurus, anybody did canada landing after applying I-485 during July2nd? What was the experience like? Can immigration officers on both sides USA, Canada consider this conflicting on the grouds of " INTENT " ?
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maine_gc
07-09 04:50 PM
Sent the press release to local news stations in KY state. If they are interested in the story i will ask them to contact IV for more information.
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sk2006
09-03 03:49 PM
Your Welcome Notice serves as your approval notice. There are only two envelopes that one gets and you got both (Welcome Notice and Cards envelopes)
Thanks a lot.
This was helpful.
Thanks a lot.
This was helpful.
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BharatPremi
11-01 04:55 PM
Guys,
Here is my understanding. Please add your suggestions and opinions
Goal: Use AC21 safely to achieve GC
Addressed Parties: Applicant( "A")
Current Employer(Comany X - "X")
Client of current Employer (Company Y - "Y")
Future Employer (Company Z - "Z")
Prerequsites:
------------
Good Relations with X
----------------------
Documents to be asked for:
--------------------------
1) 181 Days wait period
2) "Intent to hire in future" Letter on the last day of the job
3) Copy of "Employment Letter" submitted for 485
4) Copy of certified labor
5) Copy of approved I-140
6) Original 485 receipt and original receipts of AP and EAD if applicable
7) Original pay stubs for this 181 days period
Bad Relations with X
--------------------
Documents to be asked for:
--------------------------
All above. Copy of I-140 approval (Or just LIN/SRC No would do too),
Labor certification number and copy of 485 receipts ARE MUST.
Paystubs anyway you will get. In case if "employment letter" is not
given then try to take "Reference letter" from Y which depicts you
were working as a X's consultant with title "Job description --matching
Job Code" from this period to this period (Last day of your 181st day)
Things to be taken care of at Z side:
-----------------------------------
1) Have H1 transferred first if want to be on H1. Otherwise use approved EAD
2) Have offer letter with start date (182nd day), with "Same Job Code" with
your 485 is filed and written commitment of pursuing GC from where it was
left without any condition.
3) Have commitment of direct communication with lawyer
4) Have employment letter secially prepared for teh use of AC21 having start
date, Job code, title, job description and commitment of future continued
employment
5) Send AC21 notification letter alongwith employment letter of Z, paystubs
from X through Z's lawyer.
Thanks.
AM I MISSING SOMETHING?
Here is my understanding. Please add your suggestions and opinions
Goal: Use AC21 safely to achieve GC
Addressed Parties: Applicant( "A")
Current Employer(Comany X - "X")
Client of current Employer (Company Y - "Y")
Future Employer (Company Z - "Z")
Prerequsites:
------------
Good Relations with X
----------------------
Documents to be asked for:
--------------------------
1) 181 Days wait period
2) "Intent to hire in future" Letter on the last day of the job
3) Copy of "Employment Letter" submitted for 485
4) Copy of certified labor
5) Copy of approved I-140
6) Original 485 receipt and original receipts of AP and EAD if applicable
7) Original pay stubs for this 181 days period
Bad Relations with X
--------------------
Documents to be asked for:
--------------------------
All above. Copy of I-140 approval (Or just LIN/SRC No would do too),
Labor certification number and copy of 485 receipts ARE MUST.
Paystubs anyway you will get. In case if "employment letter" is not
given then try to take "Reference letter" from Y which depicts you
were working as a X's consultant with title "Job description --matching
Job Code" from this period to this period (Last day of your 181st day)
Things to be taken care of at Z side:
-----------------------------------
1) Have H1 transferred first if want to be on H1. Otherwise use approved EAD
2) Have offer letter with start date (182nd day), with "Same Job Code" with
your 485 is filed and written commitment of pursuing GC from where it was
left without any condition.
3) Have commitment of direct communication with lawyer
4) Have employment letter secially prepared for teh use of AC21 having start
date, Job code, title, job description and commitment of future continued
employment
5) Send AC21 notification letter alongwith employment letter of Z, paystubs
from X through Z's lawyer.
Thanks.
AM I MISSING SOMETHING?
more...
msp1976
03-08 02:34 PM
I and my wife have been SCREAMING, FIGHTING for over four years now. We are now so frustrated that we have EVEN DISCUSSED THINGS LIKE TAKING UP OUR LIVES !!! I really mean it. For both of us, our career is the single most important thing.
We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.
Many of us are in the same position as you are and most of us understand your pain...We sympathise with you...
One has to learn to find happiness is small things in life..Reading a good book..Doing something constructive always helps...
Well...Getting the green card is not the pinnacle of success in life...That is again merely another start. Another day I read a story about a person who got green card in 2 years and went bankrupt in another year because of big medical bills....Adversity is alway gonna be there in one form or other..one just needs to face it..
You can contribute your spare time to help our organization..That would be a good start....
We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.
Many of us are in the same position as you are and most of us understand your pain...We sympathise with you...
One has to learn to find happiness is small things in life..Reading a good book..Doing something constructive always helps...
Well...Getting the green card is not the pinnacle of success in life...That is again merely another start. Another day I read a story about a person who got green card in 2 years and went bankrupt in another year because of big medical bills....Adversity is alway gonna be there in one form or other..one just needs to face it..
You can contribute your spare time to help our organization..That would be a good start....
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blackberry
08-26 06:25 PM
Saralayar,
Please add a poll to this thread to track number of application mailed per week to USCIS eg Week of July 17th, Week of July 23, Week of July 30,Week of August 6 & Week of August 13th.
Hopefully this will help us understand the load.
--BB
I am starting this thread , as there is a thread for July 2nd filers only. This thread can be used for information on receipt number etc., for the I 485 filers who filed between July 17 - Aug 17th.
Please add a poll to this thread to track number of application mailed per week to USCIS eg Week of July 17th, Week of July 23, Week of July 30,Week of August 6 & Week of August 13th.
Hopefully this will help us understand the load.
--BB
I am starting this thread , as there is a thread for July 2nd filers only. This thread can be used for information on receipt number etc., for the I 485 filers who filed between July 17 - Aug 17th.
more...
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Naveen
05-04 09:03 PM
thanks vbkris,
I was about to post similar reply.
Naveen,
We need INA language. nothing more nothing less.
All,
As of this post. I could not find the law linking ebdependents with ebquota.
wow its pouring reds and uncivilised comments for pointing out this. Ok. well i am going to continue anyway!
INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS \ Act 203(c) \ Section (d)
http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
I was about to post similar reply.
Naveen,
We need INA language. nothing more nothing less.
All,
As of this post. I could not find the law linking ebdependents with ebquota.
wow its pouring reds and uncivilised comments for pointing out this. Ok. well i am going to continue anyway!
INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS \ Act 203(c) \ Section (d)
http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
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ssss
03-26 03:21 PM
I am not sure if I can get GC in 2011
more...
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chmur
07-27 06:28 PM
Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
None ....
Eb3-I has to explain it's position and request DOS to suggest an alternative method to mitigate the starving under the given laws.
As suggested earlier which requires change in law and which does not is not clear to any of us. DOS itself has had contradictory implementations over the years.
I am baffled that you think anyone of us can actually dictate DOS what to do.
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
None ....
Eb3-I has to explain it's position and request DOS to suggest an alternative method to mitigate the starving under the given laws.
As suggested earlier which requires change in law and which does not is not clear to any of us. DOS itself has had contradictory implementations over the years.
I am baffled that you think anyone of us can actually dictate DOS what to do.
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desi3933
06-28 06:46 AM
desi3933,
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
Thanks for your reply.
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC holder.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
Thanks for your reply.
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC holder.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
more...
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nmdial
07-21 08:13 AM
When we talk about fairness, we forget the fact that life is not fair. Instead of a division among ourselves, we should aim for a constructive approach otherwise this whole advocacy drive would be futile.
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gauravster
07-08 04:30 PM
You are incorrect on multiple accounts.
But, before going there, let me ask you this. What is your legal reasoning to dispute the case you have mentioned?
.
The legal reasoning is "Civil Rights Act of 1964" which applies to all individuals employed by a US employer in the US and to US citizens employed by US employers outside the US.
But, before going there, let me ask you this. What is your legal reasoning to dispute the case you have mentioned?
.
The legal reasoning is "Civil Rights Act of 1964" which applies to all individuals employed by a US employer in the US and to US citizens employed by US employers outside the US.
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Sachin_Stock
09-09 11:07 PM
Eb3-I would move much slower then snail's pace.
My PD is Jan 04, so I am not sure how many years would it take for my PD to be current. :(
My PD is Jan 04, so I am not sure how many years would it take for my PD to be current. :(
reddymjm
06-09 05:29 AM
probably Texas, that is where my I-140 was approved.
Cancelled 4 tickets and lost 1000 bucks. Was to fly on 6th. Never expected dates will move. MY PD Nov 2001 EB3 India.
Hoping to get receipts by 20th. Is that a fair assumption? Planning to re-book for 22nd.
Don't want to lose another dime on cancellations and re-bookings.
Advice and share your thoughts.
I am not sure man. How long is your trip? If they sent a finger print notice while you are in India will you be able to come back. I woluld say complete finger prints and go..
Cancelled 4 tickets and lost 1000 bucks. Was to fly on 6th. Never expected dates will move. MY PD Nov 2001 EB3 India.
Hoping to get receipts by 20th. Is that a fair assumption? Planning to re-book for 22nd.
Don't want to lose another dime on cancellations and re-bookings.
Advice and share your thoughts.
I am not sure man. How long is your trip? If they sent a finger print notice while you are in India will you be able to come back. I woluld say complete finger prints and go..
Maverick1
10-09 05:10 PM
"Sorry, we are closed now." ???
Heck, no !!! I want fries with that !!!
With transfat or without transfat ?
Heck, no !!! I want fries with that !!!
With transfat or without transfat ?
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