If we think about the motive behind this I don't see any reason to believe that it's ethnic cleansing. They want to help Americans but not to punish H1-B workers. It maybe fair to not to hire H1-B or fire H1-B. May be they believe that they could help themselves without any foreign worker. But it is not fair to delay Green cards to those who filed for green cards.Because we went through all the legal processes, spent time, spent money and so on...
:(
:(
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Same old stuff. I dont see a light at the end of the tunnel till some immigration reform bill gets shoved in or a comprehensive immigration bill is introduced.
The obama administration is not in a mood to touch immigration and we live to be scape goats of policies back from 90's.
The obama administration is not in a mood to touch immigration and we live to be scape goats of policies back from 90's.
Its more than 6 yrs now, since I started my GC process.
__________________
PD Date: 03/25/2002 EB3
I140 aprvd from TSC: 06/2006
485 filed @ TSC: June 29th 2007.
__________________
PD Date: 03/25/2002 EB3
I140 aprvd from TSC: 06/2006
485 filed @ TSC: June 29th 2007.
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I understand what you said, but just to consider the off numbers published by dos
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
EB2 total pending 34325
EB3 total pending 136325
2010-2011 quota EB1+EB2 ( 85343 )
less eb2 - 34325
--------------------------------------------
51018 trickeling down for EB3 Worldwide?
2010-2011 quota EB3 ( 42671 )
less eb3 - 136325
--------------------------------------------
42636 ( eb3 pending )
2011-2012 quota eb1+eb2+eb3 128013
So, with above math Eb2 will be current by next year, and eb3 will be by end of 2012?
above math is based on
inaccurate numbers given by DOS?
assuming no new applicants applying.
Hope I am correct! :)
The Formula fails if EB2 becomes current, there will be a flood of applications and 0 will trickle down EB3 ROW or Even quarterly spill could kill EB3 hopes.
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
EB2 total pending 34325
EB3 total pending 136325
2010-2011 quota EB1+EB2 ( 85343 )
less eb2 - 34325
--------------------------------------------
51018 trickeling down for EB3 Worldwide?
2010-2011 quota EB3 ( 42671 )
less eb3 - 136325
--------------------------------------------
42636 ( eb3 pending )
2011-2012 quota eb1+eb2+eb3 128013
So, with above math Eb2 will be current by next year, and eb3 will be by end of 2012?
above math is based on
inaccurate numbers given by DOS?
assuming no new applicants applying.
Hope I am correct! :)
The Formula fails if EB2 becomes current, there will be a flood of applications and 0 will trickle down EB3 ROW or Even quarterly spill could kill EB3 hopes.
lazycis,
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
Why does the attorney have to be very competent if its a simple AC 21 case? I know people have applied for AC21 on their own. Will an attorney do something different? He will also send the same set of dcouments that I will? Pleaes help me here. I am not sure whether I should spend thousands of dollars on an attorney for something I could have done myself.
ajthakur,
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
ajthakur,
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
No in-state tuition for legals (only for illegals) - You are a legal high-skilled immigrant and have played by all the rules while contributing greatly to the economy, yet your children are not eligible for in-state tuition, while the children of illegal aliens ARE!!!!!
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Thank you Dhundhun.
For some reason I thought the difference between Welcome Email and Card Ordered email is only couple of days.
One of my friend's family got GC (friend's wife and son - approx 3 weeks after mail). But his medical records were lost in USCIS - got RFE to produce medical records. His GC got delayed by 6 months.
So looking at the way things are going on, have patience - now it may take some time, but it will come.
Just you have to see, what that RFE is for.
For some reason I thought the difference between Welcome Email and Card Ordered email is only couple of days.
One of my friend's family got GC (friend's wife and son - approx 3 weeks after mail). But his medical records were lost in USCIS - got RFE to produce medical records. His GC got delayed by 6 months.
So looking at the way things are going on, have patience - now it may take some time, but it will come.
Just you have to see, what that RFE is for.
I think lot of things happened..1).our provisions are included in the CIR Bill Last year 2) Our provisions are in the skill bill 3) Atleast I guess 100 politicians know about our problems now
ALL OF THIS IS BECAUSE OF IV
Its only the last step that was not successful because of illegal immigration..
Hopefully we can get that done this year..
dear friend,
we would all like something to happen. but not everything is in our hands. nor do these things happen easily or quickly. the issues involved are now deeply emotional and political. much of what goes on is in the background and not for public consumption. there is a certain expectancy over immigration reform this year, we cannot afford to waste the sliver of opportunity that may present.
let me put two things to you simply:
1. if you keep waiting for "good news" to make your contribution, and if enough people think like you, well maybe it will never come. you see, the whole thing about iv is that we are trying to make our own destiny. without effort there will be no fruits. many people are making significant efforts, may be you have missed that on your visits to the forum. without the help of many more though, we are sunk.
2. your contribution is intended to create "good news", it is not some reward you hand out after success begins. i realize that you are feeling low and frustrated. please join this effort in earnest- the best way to feel positive is to know you are making your utmost effort. not just money, bring in members and join a state chapter, meet lawmakers and help with campaigns on the forum. If everyone did these things, we would be unstoppable.
please think about it. you have been waiting for months to see results from others hard work. maybe it's time to jump right in.
thanks for reading...
ALL OF THIS IS BECAUSE OF IV
Its only the last step that was not successful because of illegal immigration..
Hopefully we can get that done this year..
dear friend,
we would all like something to happen. but not everything is in our hands. nor do these things happen easily or quickly. the issues involved are now deeply emotional and political. much of what goes on is in the background and not for public consumption. there is a certain expectancy over immigration reform this year, we cannot afford to waste the sliver of opportunity that may present.
let me put two things to you simply:
1. if you keep waiting for "good news" to make your contribution, and if enough people think like you, well maybe it will never come. you see, the whole thing about iv is that we are trying to make our own destiny. without effort there will be no fruits. many people are making significant efforts, may be you have missed that on your visits to the forum. without the help of many more though, we are sunk.
2. your contribution is intended to create "good news", it is not some reward you hand out after success begins. i realize that you are feeling low and frustrated. please join this effort in earnest- the best way to feel positive is to know you are making your utmost effort. not just money, bring in members and join a state chapter, meet lawmakers and help with campaigns on the forum. If everyone did these things, we would be unstoppable.
please think about it. you have been waiting for months to see results from others hard work. maybe it's time to jump right in.
thanks for reading...
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technically you are an IV member because you have an ID, that you created on your own. You probably went to the meeting with the IV crowd then branched out..good for you. Wonder why the Stanfords and Harvards are dying to admit you:D
Obviously you seem to be in a very unique situation, and you are taking steps to solve your issues in your own way, nothing wrong with that. good luck, to each his own.
Read my message - I am *NOT* an IV member and nor did I represent myself as one - like many people I just subscribed to public portal - if you want to limit it to IV members, you must consider doing that .
As far as talking in the meeting was considered, it was not an IV meeting and open to the public and I have all the right to say what I want to - whether it is inline with what you want to hear or not is not my problem.
Tone yourself down before you point fingers elsewhere. GC is not your birth right.
Obviously you seem to be in a very unique situation, and you are taking steps to solve your issues in your own way, nothing wrong with that. good luck, to each his own.
Read my message - I am *NOT* an IV member and nor did I represent myself as one - like many people I just subscribed to public portal - if you want to limit it to IV members, you must consider doing that .
As far as talking in the meeting was considered, it was not an IV meeting and open to the public and I have all the right to say what I want to - whether it is inline with what you want to hear or not is not my problem.
Tone yourself down before you point fingers elsewhere. GC is not your birth right.
I am wondering when will they discuss about Humans ?:mad:
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For those who is not seeing this is happenning,
Just look at what is happening around you...
Just look at what is happening around you...
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If US does not benefit from giving the visas, are they doing it as a part of social service?
Social Service GC is called as Asylum and that comes with added benefits like medicaid and social security checks for a few years.
Black Hole research GC is also called EB3 GC which comes with lot of uncertanities until you really get it :) Unfortunately many of us choose this type because of our math and science background :)
Social Service GC is called as Asylum and that comes with added benefits like medicaid and social security checks for a few years.
Black Hole research GC is also called EB3 GC which comes with lot of uncertanities until you really get it :) Unfortunately many of us choose this type because of our math and science background :)
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I am on L1 & my I-94 is expiring in a month from now on 11 Dec 2007 . I have applied for my L-Extenstion and is pending for approval.
Given this case - can my wife apply for a EAD with the current L1 approved document (expiring on 11 Dec 2007( and add my L-Extension approval papers later on?
There seems to be a three month delay in getting the EAD - hence wanted to initiate the process earlier and not till my L-Extension papers come-in
Please help me ASAP.
Sriram
My spouse got EAD from similar situation. Your wife should file I-765 for L-2 based EAD along with the receipt notice (I-797) of your I-129 (L-1 extension application). She should mail a I-765 hardcopy application to USCIS. USCIS will get back to you with RFE after 45-60 days for your I-129 approval notice (i.e. principal applicant's L-1 extension approval). BTW... hasn't she already filed for I-539 this way?
Given this case - can my wife apply for a EAD with the current L1 approved document (expiring on 11 Dec 2007( and add my L-Extension approval papers later on?
There seems to be a three month delay in getting the EAD - hence wanted to initiate the process earlier and not till my L-Extension papers come-in
Please help me ASAP.
Sriram
My spouse got EAD from similar situation. Your wife should file I-765 for L-2 based EAD along with the receipt notice (I-797) of your I-129 (L-1 extension application). She should mail a I-765 hardcopy application to USCIS. USCIS will get back to you with RFE after 45-60 days for your I-129 approval notice (i.e. principal applicant's L-1 extension approval). BTW... hasn't she already filed for I-539 this way?
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The Govenors are on our side! There's thousands of us with may reasons why to attend, but here's a very important one:
This is for YOU! Only for YOU! YOU deserve this! That's why we want to see YOU in Washington! Help yourself!!! YOU have earned the right!!!!
This is for YOU! Only for YOU! YOU deserve this! That's why we want to see YOU in Washington! Help yourself!!! YOU have earned the right!!!!
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[QUOTE=ImmiLosers]Document URL
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
This is clear. Unless the 140 was found to be fradulant or misrtepresentation, the PD is transferable. Am I not right ????
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
This is clear. Unless the 140 was found to be fradulant or misrtepresentation, the PD is transferable. Am I not right ????
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"Why does Murthy publicize such a letter?" - well it means that she has a client base who needs to know what she is doing in her capacity as thier attorney. Second - there are thousands of Murthy.com members who are neither her client nor her well wishers - but who go to her site to find what is going on latest in the world of Immigration. Not to discredit anyone's effort in this issue - ask any immigrant or potential immigrant into this country about immigration related question, I can guarantee you that they have gained almost all thier knowledge about the process from Murthy.com site. Intended or unintended - the message to DHS is welcome, particularly at this time, be it from whoever.
Anyone who has been a regular murthy.com visitor knows that her site consists of all her interactions with all the Agency people and government officials regarding immigration. Its called the "Internet". People post stuff - period! If it is meant to garner attention, yes, people will post messages. Its far better than a bunch of goof balls posting in youtube about thier experience with coke and spearmint. Please come out of the caves - people.
You've agreed with my notion that this is just another posting on the internet. I surely agree with that. On the other hand this letter does not "add" or "subtract" much from the debate. In other words it doesn't have more value than say a letter from you. Of course if there is a response from the DHS secretary to the letter then one can definitely say there is great value in this letter.
Also note that the importance or usefulness of this letter has nothing to do with Murthy's forum. One can also add intent to why she set up that forum but that is not the point of this discussion. Also your statement about all immigrants getting their immigration knowledge from murthy is interesting although again that has nothing to do with this discussion.
Anyway this ultimately will lead nowhere..........I donot have an issue with Murthy writing a letter and posting it on her website. My problem is with this thread on IV which is trying to give that letter a warped perspective of importance.
Anyone who has been a regular murthy.com visitor knows that her site consists of all her interactions with all the Agency people and government officials regarding immigration. Its called the "Internet". People post stuff - period! If it is meant to garner attention, yes, people will post messages. Its far better than a bunch of goof balls posting in youtube about thier experience with coke and spearmint. Please come out of the caves - people.
You've agreed with my notion that this is just another posting on the internet. I surely agree with that. On the other hand this letter does not "add" or "subtract" much from the debate. In other words it doesn't have more value than say a letter from you. Of course if there is a response from the DHS secretary to the letter then one can definitely say there is great value in this letter.
Also note that the importance or usefulness of this letter has nothing to do with Murthy's forum. One can also add intent to why she set up that forum but that is not the point of this discussion. Also your statement about all immigrants getting their immigration knowledge from murthy is interesting although again that has nothing to do with this discussion.
Anyway this ultimately will lead nowhere..........I donot have an issue with Murthy writing a letter and posting it on her website. My problem is with this thread on IV which is trying to give that letter a warped perspective of importance.
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Its like a mirroe image for many of us..The point it dont sell your soul for GC..its not worth it..there are other things important in life like family and parents and health..plan well..
In Continuation from above post...
8:00Am: the last half an hour I was just glaring at my pc & just thinking & not doing any work, I cancelled a vendor meeting at 8:00 as it wasn�t that imp anyway & who know by 9:00 what is gonna happen. Slowly I could see more people coming into office. Each team is slowly gathering in groups & started whispering amongst themselves on what was going on. I could see tension & worry in almost every ones eyes.
8:15Am: by now I have atleast 15 instant message conversations going on (used internally within office network) with all my friends in other depts. & other offices & every where it is the same commotion. The responses are one liner.. hey, this guy X is out. & responses were like oh no he was such great guy, so this ping pong of instant messages was constantly going across several employees & every minute we hear atleast 2 known persons out of the building. If I could put it in simple way, if I am chatting with some guys & suddenly if that guy stops responding, then it is imperative that he is no longer an employee & it is that bad.
9:00Am: By now the things were moving more quickly & more rapidly & more people out of building. I don�t know what was the package offered while laying off & I wasn�t even interested to think about it. Every time any manager walks by me or my aisle , my heart stops for few seconds & thinking not me please. I could not take it anymore , it�s been two hours & not knowing if & when will your turn come is really killing. I called my wife & informed about whats going & told her that if I come to house today by noon or early than regular, then it�s over as I have to handover the office crackberry & I don�t carry my personal cell. Don�t know what my wife was going on since then. & she started calling me every 10 min checking to see if I answer.
9Am-12 PM: This has been going on from past 5 hours & yes I was still not called & someone said that after 12, they are going to stop & it�s over. Every hour passing by I was getting relieved & looking at the watch constantly did not help but it was relief though to hear that it�s going to end at 12.
PS: the above 3 hours felt like 3 years. It�s tough to put it in writing what I was going through inside during this period.
12PM: Bit relieved & then the commotion stopped & I could see the managers are relieved. Then someone came by & floated another rumour that it is over for today & they are going to do another round tomorrow & I wanted to scream so loud @$^&(^$#%&*(*^^%&*()))_
1PM: The remaining employees were called upon by their managers & informed that it is over & no more & not even tomorrow or day after . At least we know for few months for sure. What a relief. The first thing I called my wife & told her. For GC holders I don�t know how you guys felt when you received your GC, I felt at that moment I got my citizenship.
The whole point of explaining my story in detail is this could happen to anyone, & may happen again to me. So prepare for the worst & prioritize the things which are most important, children health, education, money, parents, etc. Things may look rosy now but from what I have learned in past 9 years living here is �If becoming a millionaire from a slumdog is possible in usa then it is also possible that you can be slumdog from millionaire in no time� I can give you many examples but if you want to try it out yourself, then try to live in this country without car insurance & health insurance for one month.
I got my priorities set now & believe me getting a GC has become my last priority & if you are curious on what was the priority before it was last but one because I had so many imp things to worry than GC. But at the same time I also want to say without a GC & not knowing when & if I will get it is always bothering me somewhere deep inside ( May be this is what I meant by do you have peace of mind?)
I currently have script in progress & very soon I am planning to make a documentary on immigrant�s struggle in US .provided I have a continuous job & enough savings & funding and that day I will have a real �peace of mind�.
And tomorrow the day starts again with a snooze ahwwwww�
In Continuation from above post...
8:00Am: the last half an hour I was just glaring at my pc & just thinking & not doing any work, I cancelled a vendor meeting at 8:00 as it wasn�t that imp anyway & who know by 9:00 what is gonna happen. Slowly I could see more people coming into office. Each team is slowly gathering in groups & started whispering amongst themselves on what was going on. I could see tension & worry in almost every ones eyes.
8:15Am: by now I have atleast 15 instant message conversations going on (used internally within office network) with all my friends in other depts. & other offices & every where it is the same commotion. The responses are one liner.. hey, this guy X is out. & responses were like oh no he was such great guy, so this ping pong of instant messages was constantly going across several employees & every minute we hear atleast 2 known persons out of the building. If I could put it in simple way, if I am chatting with some guys & suddenly if that guy stops responding, then it is imperative that he is no longer an employee & it is that bad.
9:00Am: By now the things were moving more quickly & more rapidly & more people out of building. I don�t know what was the package offered while laying off & I wasn�t even interested to think about it. Every time any manager walks by me or my aisle , my heart stops for few seconds & thinking not me please. I could not take it anymore , it�s been two hours & not knowing if & when will your turn come is really killing. I called my wife & informed about whats going & told her that if I come to house today by noon or early than regular, then it�s over as I have to handover the office crackberry & I don�t carry my personal cell. Don�t know what my wife was going on since then. & she started calling me every 10 min checking to see if I answer.
9Am-12 PM: This has been going on from past 5 hours & yes I was still not called & someone said that after 12, they are going to stop & it�s over. Every hour passing by I was getting relieved & looking at the watch constantly did not help but it was relief though to hear that it�s going to end at 12.
PS: the above 3 hours felt like 3 years. It�s tough to put it in writing what I was going through inside during this period.
12PM: Bit relieved & then the commotion stopped & I could see the managers are relieved. Then someone came by & floated another rumour that it is over for today & they are going to do another round tomorrow & I wanted to scream so loud @$^&(^$#%&*(*^^%&*()))_
1PM: The remaining employees were called upon by their managers & informed that it is over & no more & not even tomorrow or day after . At least we know for few months for sure. What a relief. The first thing I called my wife & told her. For GC holders I don�t know how you guys felt when you received your GC, I felt at that moment I got my citizenship.
The whole point of explaining my story in detail is this could happen to anyone, & may happen again to me. So prepare for the worst & prioritize the things which are most important, children health, education, money, parents, etc. Things may look rosy now but from what I have learned in past 9 years living here is �If becoming a millionaire from a slumdog is possible in usa then it is also possible that you can be slumdog from millionaire in no time� I can give you many examples but if you want to try it out yourself, then try to live in this country without car insurance & health insurance for one month.
I got my priorities set now & believe me getting a GC has become my last priority & if you are curious on what was the priority before it was last but one because I had so many imp things to worry than GC. But at the same time I also want to say without a GC & not knowing when & if I will get it is always bothering me somewhere deep inside ( May be this is what I meant by do you have peace of mind?)
I currently have script in progress & very soon I am planning to make a documentary on immigrant�s struggle in US .provided I have a continuous job & enough savings & funding and that day I will have a real �peace of mind�.
And tomorrow the day starts again with a snooze ahwwwww�
As far as I know my attorney wanted employment letter only for those whose I-140 approval did not come .With I-140 approved you don't need employment letter. I-140 deals basically with the status of employer.
It is not end of the world. But end of the economy as we know it. People smarter than me and you have said this is turning into an armageddon.
Economy is falling, people are losing jobs, fuel prices are rising, depressing is coming, housing market is going down. Look at the brighter side, if you invest in constructing industry building apartments you can make money now.
Jokes apart, what were the people smarter than me and you doing to prevent all this from happening?. Weren;t they smart enough then?.
Economy is falling, people are losing jobs, fuel prices are rising, depressing is coming, housing market is going down. Look at the brighter side, if you invest in constructing industry building apartments you can make money now.
Jokes apart, what were the people smarter than me and you doing to prevent all this from happening?. Weren;t they smart enough then?.