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  • unitednations
    03-25 02:53 PM
    UN,
    Any stories of AOS applicants porting to self employment under AC21, that you could share with us?

    Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.

    Thanks very much, as always.

    I know many people think about it but they don't have the kahunas to actually execute it. I am not aware of anyone who has tried it and was open about it with uscis.

    In my case when my 485 was pending I went self employment route. I had to give updated g-325a to show employmnet history and I put it right there for officer to see at local office interview. He actually made an astonishing face and I told him that it was allowed and 485 was pending and I can do what I wish during this time. I also told him that I was not my ac21 employer I was just doing this while 485 was pending and I was porting to another job after my 485 was approved. I gave him offer letter and company tax returns from the ac21 employer that I hadn't joined yet.





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  • nogc_noproblem
    08-06 06:30 PM
    Wish I could think so quickly.

    A man boarded a plane with 6 kids. After they got settled in their seats a woman sitting across the aisle from him leaned over to him and asked,

    'Are all of those kids yours?'

    He replied, 'No. I work for a condom company. These are customer complaints.'





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  • amulchandra
    04-07 02:39 PM
    There are many big companies that depend completely on consultants for their software projects. Example Sony, Boeing... If this applies to existing H1bs then their projects will suffer a great loss.

    ERP softwares basically are implemented by consulting firms .Then all big companies including Oracle,SAP cannot implement their applications anywhere as they have to hire people on their own to implement.All ERP implementations can be treated as consulting.This is going to be a big mess.

    I don't think this bill is going pass successfully.





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  • pani_6
    07-13 01:15 PM
    What ever you might say Lawyers acted in DOL advise..


    Very good point by alterego.
    This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
    How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
    As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
    If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
    This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.



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  • abcdgc
    12-27 12:27 AM
    So what in your opinion is the reason for the state and the government of Pakistan to provoke India, with the risk of starting a war with India that Pakistan cannot win, at a time when the economy is in a very very bad shape and there are multiple insurgencies and regular suicide attacks within Pakistan?

    You are from Pakistan, you tell why you are doing this. Why are you asking us to explain your actions?





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  • nk2006
    10-07 11:40 AM
    Asain-Americans seems to favor Obama overwhelmingly as per this survey. its interesting to read the survey - these immigrants who have gone thru the process themselves and might have friends/relatives in the process - didnt mention immigration as one of their important topic to decide on the vote. Understandably economy is the top topic but was expecting to see immigration atleast behind economy.
    http://www.ipsnews.net/news.asp?idnews=44144



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  • pappu
    07-13 11:37 AM
    My thougts are, writing letter would not help, It will go to deaf ears. EB3-I status is not hidden to any one DOS/USCIS/DOL, but looks like no one is doing any thing for that.
    When USCIS can interpret so many things why cant they interpert to recapture unused visa numbers ?
    I guess they will find some other way to mess up.

    IV already met DOS, USCIS on visa recapture during our admin fix campaign. IV even met this official mentioned in the first post this thread in the letter. There was a long conversation with this official. IV even went higher up in the hierarchy of DOS to meet officials. Visa recapture needs to be done via a bill at this time.





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  • satishku_2000
    05-16 12:09 AM
    What do you about how I came to the country!? I came here to take a full-time job with an American employer. I get paid above minimum wage and had a solid offer for the job BEFORE the company submitted the H-1B application.

    I do realize a lot of people will be out of a 'job' (or off the bench, depending on how you look at it) with the elimination of body shopping. But guess what -- they shouldn't even be here in the first place if they don't have full-time jobs. As said before, they clog up an otherwise great visa program.

    I'll give you the reason they are concerned --- the visas for the coming fiscal year emptied out IN ONE DAY, obviously indicating the H-1B program is infected with abuse beyond anyone's expectations. They are out to put and end to that charade.

    I don't know what the deal is with India, but apparently more than 40% of all H-1B applications come from India based companies, for 'employees' from India. For this reason congress recently got in contact with the biggest of these companies for an explanation. Hopefully these actions will pave the way for more legit visas for the rest of us. Now don't get me wrong -- I have absolutely nothing against people from India. In fact I have really good impressions with people from India in general. But I (and congress) expect them to obey the law like everybody else.

    mbdriver

    The deal with india is its home to billion people on the planet. Most of these companies recruit from India for same reason why Walmart gets most of its products from China. Free markets and Globalization is not a one way street. If american companies are so good and so caring they dont outsource , they outsource to further their bottomlines. If American companies dont want to outsource all these consulting companies will go out of business overnight.

    As far as your comments about employees from India .. most of these companies are listed in NASDAQ and NYSE (INFY, SAY, WIT).. At least some americans are share holders/owners of these companies. Dont be surprised to know the fact that some americans are on the boards of these companies .Let me make one thing clear, I am not a big fan of these companies , Infact I used work for of these companies and I have first hand experience how these companies treat their employees.

    If any one violates any law he or she should be brought to justice. I am not quite sure what laws these companies have violated. In this country any one is innocent till proven guilty.

    I totally understand your frustration with your VISA situation and hope and pray that you win VISA in the "lottery" .



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  • desi485
    08-06 01:26 AM
    Pappu,
    As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.

    Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.

    I was just reading all the posts which i did not get to read since morning when i left for work.

    To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:

    1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
    2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
    3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
    4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
    5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
    6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
    7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.

    I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.

    Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.

    You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.

    Thanks for your attention (or the lack thereof).


    Well, if you going for it, why don't you try this. Only you and you can apply for GC, no one else should be allowed to do so - unless you get it first.





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  • unitednations
    03-25 12:35 PM
    Oh, and I think I should elaborate just a little more.

    I am not asking whether the USCIS can or cannot exercise scrutiny on approving 485s where a person, under AC21 provision, switches to a small consulting company.

    Of course they can, the 485 is for a full time job, and whether a job with a small consulting company is of a full time nature or not, is up in the air and they can 'scrutinize' it all they want, if they choose to.

    My question to UN is whether he thinks if they will choose to go after 485 AC21 job switches to small consulting companies like he thinks they will for small consulting company H-1Bs, and not whether they can.

    Thanks again,

    You see on all these ac21 issues we rely on uscis memos. Every one of these memos state pending change to the regulations; we are going to follow the principles of this memo.

    it has been 8 years and they still haven't changed the regulations. Memos can be changed at their whim at any time.

    Currently; uscis position is that if someone ports to another company; they are not supposed to check the ability to pay criteria. However; they left themselvees an out that theey can check the genuineness of the ac21 employer. Becasuse of this last statement; what they have been doing is asking for ac21 employer tax returuns, and quarterly wage reports. If you are already on payroll then size of company doesn't matter. However; if you are not on payrroll and it is a very small company then they can challnge it.

    btw; I am not epecting quota to finish early this year. Many companies/lawyers are very frustrated with h-1b right now. I was talking to education evaluator and he told me that there is litteally no business right now. Companies I know of how filed 70 cases last year are not filing any this year due to a combination of issues (iowa issue, lack of approvals and great demand for tansfers by thos who were laid off or had theirr h-1b's cancelled.

    Right now; newer companies who don't have much experience with h-1b are going into the lions den without knowing there is a lion in there.



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  • logiclife
    05-16 12:14 PM
    No need to have Durbin's bill. Just ban Outsourcing, then all jobs will come back and everybody will be happy here in US.

    US congress cannot force investors to invest money only in US and get work done only in US.

    Its not possible for US Government to ban outsourcing. The only thing they can do is create incentives to limit outsourcing. However, if a company still wants to outsource jobs overseas, Congress cant do ANYTHING about it.





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  • Macaca
    05-13 05:47 PM
    Free Ai Weiwei protests are 'condescending'? No, they are about the fear of where China is heading (http://blogs.telegraph.co.uk/news/peterfoster/100087793/free-ai-weiwei-protests-are-condescending-no-they-are-about-the-fear-of-where-china-is-heading/) By Peter Foster | Telegraph Blog

    China is smarting over the negative publicity that has accompanied its arrest of Ai Weiwei. The Deputy Foreign Minister, Mme Fu Ying, who is the former Chinese Ambassador to Britain, said in Hungary yesterday that Europe and America were being �condescending� towards China by their refusal to just shut up about the arrested artist.

    Earlier a hurt-sounding foreign ministry spokesman said China was �unhappy� and �baffled� that some countries were trying to treat a �crime suspect as a hero�.

    Both of these highly disingenuous remarks are designed to touch a key nationalist button in China in which all criticisms of China are framed as part of a plot by the waning Old Imperial powers to constrain the :Dglorious rise of the new China:D. It is a seductive narrative, but also a fallacious one that needs to be squashed.

    In a globalised economy the US and the EU have a �common interest� in China�s peaceful rise, and on the evidence of the last few months (you might say years, going back to the crushing of the pre-Olympic Tibetan crackdowns of 2008) they have legitimate cause to be worried about the direction China is taking.

    Ai is merely a lightning rod for that concern.

    China is absolutely correct that the US and EU have no �right� to interfere in its judicial affairs, and nor do they seek to. But that doesn�t mean that democratic governments and their citizens don�t have a duty (to themselves, as much as anything else) to speak out about Ai Weiwei, and what his detention might portend.

    China talks about Ai being a �crime suspect�, but the fact that hardly anyone outside China (and a fair number inside China) have any confidence in the due process of the Chinese law should in itself give Beijing serious pause for thought.

    Popular concerns about Ai are not, as Mme Fu would have it, some silly political point-scoring game. His detention is an expression of naked State power that Europeans and Americans, who lived through totalitarianism not so long ago, find both worrying and revolting.

    So when someone asks, as the Chinese do, �what�s it to us?�, the immediate answer should be �absolutely everything�.

    China is going to shake the world over the next 50 years � for good or ill � and the shape of the Chinese state is therefore of concern to us all. China can bluster all it likes, it can posture and ignore the criticisms, but modern China does not exist in isolation.

    It has emerged as a rising power precisely because it has engaged with the world, signing up to a host of international agreements on trade and politics that imply certain norms of behaviour. The benefits of rejoining the world community can�t come, as Chinese foreign policy mandarins say, with �no strings attached�.

    This is why the democratic world feels that Ai�s detention is worth shouting about. It signals a deeply worrying trend in China and while Mme Fu tries to spin these protests as mere �condescension� they are nothing of the kind.

    They are about the real fear of where China is heading.


    Ai Weiwei and China�s assault on truth (http://www.washingtontimes.com/news/2011/may/12/ai-weiwei-and-chinas-assault-on-truth/) By Phelim Kine | The Washington Times
    CHINA'S MEDIA:
    A STRUGGLE FOR INDEPENDENCE (http://www.themontrealreview.com/2009/China-Media-a-Struggle-for-Independence.php)
    By James F. Scotton | The Montr�al Review
    A founding document for a new China (http://www.washingtonpost.com/opinions/a-founding-document-for-a-new-china/2011/05/12/AFT5CV1G_story.html) By Michael Gerson | The Washington Post



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  • nojoke
    04-16 12:03 PM
    hi NKR,
    if you went for a townhome and you are happy then it is fine. I am sure you are a smart person and the main point is that you are happy where you are.
    personally I am looking for a bigger place in alpharetta (where prices did go up a lot and is coming down ..websites show that there are foreclosures and my view is that I will find better deals in a year or so). at the same time I am happy with my decision and am having a great time.
    I was giving examples of some of my friends who rushed to buy. atleast 2 of them are repenting now (since they bought it far away at v.high prices) ..and one of them is about to sell it after staying there for a year.
    the point that nojoke and myself were making is that speculators (and careless people - those who could not afford but bought it, realtors, brokers etc etc) have pushed the prices to bubble territory. things are going to get much worse before it becomes better in most locations. there is no doubt about this. The other reason that I (and I guess nojoke) posted so many links was in good faith. i.e. we didn't want the hardworking immigrant to throw his/her money in a rush. this would only help the speculators and the other irresponsible speculators.
    let me make one last point since this is immi / GC forum. I was trying to get more support for the idea to have a plan B (and I failed ..which is fine since I may get GC soon and I have a plan B for myself).
    I agree (And hope) that IV has a good plan A (writing to senators, fasting , flowers etc) ..what I tried to say was that we should work on plan B (and maybe plan C too). if I was a core IV member then at the very least plan B would have meant ..meeting (or emailing - wherever and whenever it is legal) realtors, brokers or even senators etc etc ...and in turn use their lobby to lobby for our cause. if all the IV members were to do this at their local level --then who knows ..this may work. it is certainly worth trying.
    from what I have read builders are big contributors to congress ..

    I have debated this with myself. I don't know if this is practical. How many of us are there who wants to buy a house? 500K at the most? For the first 3 months alone, this year, there are 500K foreclosures. I know every bit helps. But the problem is not that there are not people to buy. The price is too high. We probably can influence the local realtors. Just go to them and then back off saying that you are uncomfortable buying without green card. If a lot of us does that, the message will go up and maybe they will talk to law makers. Realtors are desperate...
    I don't know how we execute this.





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  • Macaca
    12-30 07:11 PM
    Judgment that risks tainting democracy (http://www.thehindu.com/opinion/op-ed/article1018825.ece) By VINAY SITAPATI | The Hindu

    One thousand three hundred and twenty days after he was first arrested, Binayak Sen has been sentenced to life imprisonment for sedition against the Indian state. Narratives on his guilt portray him as an �intellectual� coordinating Naxal attacks in the red corridor, just as narratives on his innocence are of a sainted doctor fingered by a vengeful state. But the only narrative that really matters is the legal case against him, and this in turn hinges on three distinct legal questions: Is the evidence against Dr. Sen enough to convict him? Are the laws applied to him fair? And finally, is the maximalist sentence (life imprisonment) justified?

    Around a single event

    The evidence against Dr. Sen centres on a single event. He is accused of having met a jailed Naxalite, Narayan Sanyal, 33 times and carried letters from him to a Naxalite, Piyush Guha. But Dr. Sen met Sanyal in Raipur Central Jail with the permission of the Chhattisgarh police; the jail superintendent who supervised the meetings told the Raipur sessions court that no letters were exchanged. At the other end of the �crime�, Piyush Guha did not name him when he appeared before a magistrate. He is alleged to have implicated Dr. Sen while in police custody. But this is legally barred from being weighed as evidence, since all custodial confessions are presumed tainted with torture.

    The central allegation against him is therefore tenuous at both ends. Other attempts to link him to Naxalites are individually trivial (or downright dubious, like an unsigned letter from the CPI-Maoists allegedly found in his house, but which is not part of the official seizure memo). But taken together they have managed to convince Justice B.P. Verma of Dr. Sen's role in aiding and abetting Naxal groups.

    The second concern is the fairness of the laws used against Dr. Sen. Section 124A of the Indian Penal Code (Sedition) is a colonial-era law that has been previously invoked against Mohandas Karamchand Gandhi. Since it is a serious offence with the possibility of life in jail, in the 1962 case of Kedar Nath Singh v. State of Bihar the Supreme Court limited the definition of sedition to the �tendency to create disorder or disturbance of public peace by resort to violence.� Dr. Sen is convicted for acting as a letter courier between Naxalites; it is questionable if this �act� falls within the definition of sedition.

    The other laws that Dr. Sen has been convicted under, the Chhattisgarh Special Public Security Act and the Unlawful Activities (Prevention) Act, make illegal a wide variety of actions that �support� unlawful activities: taking part in meetings or harbouring a Naxalite. These laws have been invoked against grain merchants and cloth traders who unwittingly sold their wares to Naxalites. Taken together, what all these laws do is to broaden the scope of what �guilt by association� means. Perhaps this is understandable in a State where Maoists are present in half of its 18 districts and requires an army of civilian supporters to sustain a war under forested cover. But fashioning a blunt legal tool to go after an elusive enemy enhances the risk of snaring innocents.

    The final concern

    The Congress party has declined to comment on the judgment, invoking the prerogative of an independent judiciary. It is no one's argument that the decision was politically determined. But political abuse includes the fairness of the laws formulated by the political class for judges to impose. After all, judicial independence must also consider the quality of laws that the Raipur sessions court had to enforce, and those laws define �guilt by association� so broadly that they blur the line between innocent and guilty.

    The final concern is that of punishment. Dr. Binayak Sen has been sentenced to life imprisonment for conspiring to commit sedition. Sentencing ranges from three years to life in jail. Justifying the use of the maximalist sentence, Justice Verma's Hindi judgment points to �the way that terrorists and Maoists are killing ... paramilitary forces � and innocent Adivasis.� But surely there is a difference between CPI (Maoist) General Secretary Ganapati, a man with much blood on his hands, and a mere courier of letters between Naxalites? Even if Dr. Sen is guilty as charged, that charge is not of violence � something he has repeatedly spoken out against. To club varying actions together defeats the purpose of flexibility in sentencing, which is after all to permit the judge to recognise degrees of motivations and culpabilities.

    The Raipur sessions court verdict is only the quarterfinal. Indian law affords Dr. Sen one automatic right to appeal, and another at the discretion of the Supreme Court. Meanwhile, given the visible disparity between the quality of allegations against him and the repercussions, the judgment is sure to provoke an outcry, if the national and international outrage over his two-year long arrest without bail is any indication (already Amnesty International has criticised the verdict).

    The outcry will reverberate beyond one man. In 2009, a non-violent critic of the state was held guilty of sedition and sentenced to a lengthy spell in prison. That man's name is Liu Xiaobo, and the international focus on him dims the mandarin equivalent of India Shining. While the specific �crimes� of the 2010 Nobel Prize winner vary from those of Dr. Binayak Sen, the life imprisonment given to the Chhattisgarh doctor will surely discredit the justifiable struggle against Naxalism much as Mr. Liu's incarceration discounts the distance China has travelled since Tiananmen Square. Apart from the irreparable harm to the life of an individual and his family, the judgment risks tainting Indian democracy itself.

    The writer is a doctoral student working on law and politics in India



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  • unitednations
    08-08 04:24 PM
    Because I do not remember which address I used on the visa application, and how I translated my employer's name in home country. In China, at least those days, everyone had a residence record showing your address. We had ours at my in-law's address, while living in a new development. We might used one of those two addresses. Same thing with company names, merging, name changing etc was common.

    According to Crystal and Milind70, I am a bit relieved as my visa application was a long time ago. So I may not need to worry about it. Thanks everyone.

    check out immigration-law; breaking news. he even says not to rely on this because the procedural manual is outdated.





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  • reddymjm
    08-05 10:42 AM
    I object to your insinuation and gross generalization. It is not your job to ask this question. It upto the law of the land to figure that out and root out dishonesty and deceit.
    I don't know about rolling flood Just FYI I have an MBA from the US ( a top ) university and have been working with various fortune 100 companies. Currently on EAD.

    May be 1% of EB2. Good to know that.



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  • transpass
    03-26 03:36 AM
    The above link is one of those 35 straight denial decisions due to temporary job issue in 140.

    It was from california service center. I do know of another pretty large company which same thing happened to.

    However; this issue was confined to california service center and I have not seen it since.

    Where is this ace technology, and I wonder if it's a small firm...





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  • ksvreg
    03-23 02:21 PM
    People who got GC are not facing any waves. That is why we need to get GC asap. If we struck in the GC process though we have a strong profile (careerwise, w2wise, taxwise, educationwise etc), we need to face waves like recession wave, backlog/perm wave, merging wave, economy wave, I140premium/nopremium wave, bipart wave, 2001 eb3stuck wave, magic visa bulletin wave, technology wave, visa stamping wave, uscis reform wave, dol wave, bulletin wave..





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  • lfwf
    08-05 03:09 PM
    Never said that. That was just a "story" response to a "story" post. The intent of the post is DO NOT TRY TO FRAME THE ISSUE IN ONE STORY. THERE ARE MANY STORIES.

    True.

    However you offered no answer to the original question raised by the "story". If you spend years doing an advanced degree instead of working with a bachelors, should you be penalized for all those years? many of us are being penalized. We get PDs when we finally start working. And folks who port based on experience working during that time then jump ahead of us in EB2.
    You will have to explain how this is fair.

    Instead of addressing the issue you threw in the red herring about rich kids. That was uncalled for in this debate. How do we know the EB3 bachelors was not paid for by rich parents? And are we now to penalize those with rich parents?

    I worked through many years and educated myself highly. Now I am to be told that anyone who came to the US with me OR after me and managed to get a job early on and a PD, has to be ahead of me because they were "waiting"? So I was not waiting just because I got advanced degrees and had to wait for my PD? Why do you think preference categories were created at all? Why not just one big pool?





    akred
    04-07 12:22 PM
    Will 115k enough by seeing 133k applications in one day? If 115k is reached we will ask unlimited. So there should be some system to see whether those115k H1b is used properly. Employers should not wait till october and they should get people when they require. If most of the H1b quota is used by bodyshoppers where will top US companies get?

    One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.





    nogc_noproblem
    08-05 12:44 PM
    A psychotherapist was having a roaring business since he started from scratch.

    So much so that he could now afford to have a proper shop banner advertising his wares. So he told a kid to paint the sign board for him & put it above his shop entrance. But, instead of his business building up, it began to slacken. He had especially noticed the ladies shying away from his shop after reading the sign board. So he decided to check it out himself.

    Then he understood why...

    The boy found a small wooden board so he had split the word into the 3 words: Psycho-the-rapist



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