Gurus,
Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the “Court Disposition Document” which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
1. Is it safe to travel to India and come back on AP?
2. What are the possible chances that visa officer may not let me into the USA?
3. Do I need to carry any letters from my criminal attorney explaining the situation?
4. Any one in similar situation, please update me on this?
5. Please list of documents I need to carry during my travel
Please reply and post your valuable opinions/suggestions/advices.
Appreciate all your inputs.
Have a nice day!!!
Thank you,
Sahaayam.
I have an answer to your question.
But first UPDATE YOUR PROFILE with valid information.
Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the “Court Disposition Document” which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
1. Is it safe to travel to India and come back on AP?
2. What are the possible chances that visa officer may not let me into the USA?
3. Do I need to carry any letters from my criminal attorney explaining the situation?
4. Any one in similar situation, please update me on this?
5. Please list of documents I need to carry during my travel
Please reply and post your valuable opinions/suggestions/advices.
Appreciate all your inputs.
Have a nice day!!!
Thank you,
Sahaayam.
I have an answer to your question.
But first UPDATE YOUR PROFILE with valid information.
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I went through the Federal Firearm Law and here is what I found:
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person�
(5) who, being an alien�
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
-----------------------------------------------------------------------------------------------
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.�
(1) Definitions.� In this subsection�
(A) the term �alien� has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)); and
(B) the term �nonimmigrant visa� has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)).
(2) EXCEPTIONS: Subsections (d)(5)(B), (g)(5)(B), and(s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is:
(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
(B) an official representative of a foreign government who is:
(i) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States;or
(ii) en route to or from another country to which that alien is accredited;
101(a)(3) The term "alien" means any person not a citizen or national of the United States.
-----------------------------------------------------------------------------------------------
101(a)(26) The term "nonimmigrant visa" means a visa properly issued to an alien as an eligible nonimmigrant by a competent officer as provided in this Act.
As per my understanding, if you are legally in the US, you can own a small firearm...walk into a store and tell them u need a gun and they will tell u what paper work you need or go to your local police station and ask the requirements. You can find out more details on NRA [national rifle association] website
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person�
(5) who, being an alien�
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
-----------------------------------------------------------------------------------------------
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.�
(1) Definitions.� In this subsection�
(A) the term �alien� has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)); and
(B) the term �nonimmigrant visa� has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)).
(2) EXCEPTIONS: Subsections (d)(5)(B), (g)(5)(B), and(s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is:
(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
(B) an official representative of a foreign government who is:
(i) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States;or
(ii) en route to or from another country to which that alien is accredited;
101(a)(3) The term "alien" means any person not a citizen or national of the United States.
-----------------------------------------------------------------------------------------------
101(a)(26) The term "nonimmigrant visa" means a visa properly issued to an alien as an eligible nonimmigrant by a competent officer as provided in this Act.
As per my understanding, if you are legally in the US, you can own a small firearm...walk into a store and tell them u need a gun and they will tell u what paper work you need or go to your local police station and ask the requirements. You can find out more details on NRA [national rifle association] website
I've been having similar thoughts for quite some time. Whether I should move back to india which is a one way street or continue here waiting to get my GC, citizenship etc.
Here is my analysis of the situation without considering the emotional parameters involved
1) India is currently on a fast track to development thanks for the IT industry. There are a lot of jobs and salaries are sky rocketting. A lot of people in India are living a life in India which we can only dream of here in the US.
2) BUT I also read about the growing cost of conducting business in India. Definitely with salaries increasing by leaps and bounds, rupee appreciating against the dollar, high taxes and infrastucture cost has already got companies thinking about their businesses in India.
3) Many are thinking of moving to southeast asian countries like Singapore, malaysia, phillipines, even China.
4) Even if they dont move out I am not sure if the current trend in salaries will continue. It will definitely correct itself in next 3-4 years. Companies would tend to hire more fresh graduates than hiring experienced personnel.
4) I am not sure with all these developments how would things be in India in next few years. If I move to india and then have to move to these south east asian countries then why not be in US and ride out this turbulent period.
but then if you include the emotional factors in this equation it totally changes everything.
As of now at least I am confused about what to do but I guess every first generation that moves out of their home town has to go through the same thought process, only the immigration to US is complicating things further.
What will happen next is something for time to tell...!!
Good luck to all of us and may god help us all to make correct decisions.
Here is my analysis of the situation without considering the emotional parameters involved
1) India is currently on a fast track to development thanks for the IT industry. There are a lot of jobs and salaries are sky rocketting. A lot of people in India are living a life in India which we can only dream of here in the US.
2) BUT I also read about the growing cost of conducting business in India. Definitely with salaries increasing by leaps and bounds, rupee appreciating against the dollar, high taxes and infrastucture cost has already got companies thinking about their businesses in India.
3) Many are thinking of moving to southeast asian countries like Singapore, malaysia, phillipines, even China.
4) Even if they dont move out I am not sure if the current trend in salaries will continue. It will definitely correct itself in next 3-4 years. Companies would tend to hire more fresh graduates than hiring experienced personnel.
4) I am not sure with all these developments how would things be in India in next few years. If I move to india and then have to move to these south east asian countries then why not be in US and ride out this turbulent period.
but then if you include the emotional factors in this equation it totally changes everything.
As of now at least I am confused about what to do but I guess every first generation that moves out of their home town has to go through the same thought process, only the immigration to US is complicating things further.
What will happen next is something for time to tell...!!
Good luck to all of us and may god help us all to make correct decisions.
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I have sent letters and contacted my congressman so many times that i am beinging to doubt that they even care. The staff understands the issue, provide sympathetic answers, but overall there is little progress. Everyone agrees that this bill is good and non controvertial.
I sent 5 letters, to congressman, senators and Mr. President also. (over reaction, isn't it?%$)
Gurus, keep sending letters this is good for EB3-I.. I guess...
I sent 5 letters, to congressman, senators and Mr. President also. (over reaction, isn't it?%$)
Gurus, keep sending letters this is good for EB3-I.. I guess...
Gandhi was in S Africa for how many years before he returned to India? If he hadn't been humiliated in S Africa and didn't decide to perform Satyagraha-who knows what shape our freedom movement might have taken?S Africa made Mohandas a "Gandhi"
Maybe, we all need to go to our home countries-and free them from "beloved politicians":-)
Gandhi was never an immigrant and was in SA for solving a legal case on a temporary contract. He was always wanting to go back to India but because of the conditions of Indians, he was urged to stay back and help them, he actually went back in between and again came back to SA for a more organized effort.
The situation now is different. The Durbin Grassely bill lobbyists are basically doing what has been happening in UK where local population do not want Asian immigrants taking high paying challenging jobs in their own soil. They don't seem to care if these jobs go away because the effect will be long term and as such it is a known fact that in these days, we seldom see the immigrant community having a good cooperation, every immigrant feels that one less immigrant, it is good for him.
This has been happening in every country where highly skilled migrants take job positions in countries like Aus, NZ, UK, Germany etc..
The US system is harder to crack for anti immigrants than these countries. So they follow this slow bleed approach. On the long run their objectives will be met though it would force out high skilled jobs abroad.
One good thing is that developing nations must capitulate on this and make their labor laws good and also copyright laws and patent laws so that innovation and products are developed in developing nations and so called developed nations will bleed technology and innovation.
Maybe, we all need to go to our home countries-and free them from "beloved politicians":-)
Gandhi was never an immigrant and was in SA for solving a legal case on a temporary contract. He was always wanting to go back to India but because of the conditions of Indians, he was urged to stay back and help them, he actually went back in between and again came back to SA for a more organized effort.
The situation now is different. The Durbin Grassely bill lobbyists are basically doing what has been happening in UK where local population do not want Asian immigrants taking high paying challenging jobs in their own soil. They don't seem to care if these jobs go away because the effect will be long term and as such it is a known fact that in these days, we seldom see the immigrant community having a good cooperation, every immigrant feels that one less immigrant, it is good for him.
This has been happening in every country where highly skilled migrants take job positions in countries like Aus, NZ, UK, Germany etc..
The US system is harder to crack for anti immigrants than these countries. So they follow this slow bleed approach. On the long run their objectives will be met though it would force out high skilled jobs abroad.
One good thing is that developing nations must capitulate on this and make their labor laws good and also copyright laws and patent laws so that innovation and products are developed in developing nations and so called developed nations will bleed technology and innovation.
wake up guys.........
I contributed $150.00. Is there a way how far behind we are from $100K. Thanks folks I appreciate the initiative taken by the hi-tech legal immigration community.
I was wondering if we can involve http://www.competeamerica.org they are also fighting for our cause.
I was wondering if we can involve http://www.competeamerica.org they are also fighting for our cause.
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I was under the impression based on some posts I read on other websites that even if your I-485 is approved before you applied for I-485 for your spouse, you can still add her if you were married before your I-485 approval date. Can someone confirm this ?? I feel the best way to handle the situation would be to apply for the I-485 of spouse on the date the PD becomes current. Keep all documents and applications ready and file on the first date. Since visa bulletin comes out 15 days in advance its good lead time to make preparations even if the movement of date is sudden.
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I tend to disagrees with your comments, firstly please dont call this a stupid event, as a lot of young students strive to win this competition. In order to lead you have to follow, I have come across some smart ass Indians who love to talk and give directions, but they miss whole chunk of substance in their directions. (I don't mean to target you or disrespect any one else up here).
Your commments on parents motivating their childeren to strive for success in their lives, their is nothing wrong in that, would you rather have them go smoke dope and jerk around to waste their time? I am indian and proud to be, , above all proud that my parents pushed me to excel and do better with the opportunities granted to me.
However it is some desi companies who brought in the trend of lying and faking to get thie ways. But believe me , they dont get much further in their lives. I am glad strict restrictions are imposed on these companies, and the type of consultants they bring on board.
Is it fair that the person doing Masters from this country be put in the same boat as a fresh of boat from India?
Good Luck!
The famous quote is: You can only fool me once!
First of all, you dont have a binary choice in the matter such as either you learn 50,000 words and their spellings or go smoke dope. There is a middle ground here.
Secondly, why do I see in company after company, especially in the knowledge industry that a straight A student, like your Kavya here, working for a manager who had been a B- student who in turn works for an executive who was a C- student ?
Get educated ... that's fine. But dont get over-educated such that you are a cripple who cannot think outside the box. Too much education, too many straight As, too many spellings will make you incapable of thinking outside the box, taking risks. Anyways, that's my belief and my opinion and everyone is free to raise their kids in whatever way they deem fit. I for one, would never ask my 2 children to participate in any spelling bee contest.
As far as your desi company thoughts go, it has nothing to do with spelling bee topic. However, let me tell you this. By being holier than thou and telling other people "I got a degree from here and you dumb asses have never been to an American college, so get lost you idiot, this job here is mine..." does not help anyone. Also, no desi companies put a gun to the head of anyone - Indian educated or US educated - to work for them. And let me remind you, there is AN ENTIRE GENERATION of US educated US masters degree holders who had no job after graduating and have been to a desi company to get trained on the real-world software applications. I am sure you know some people yourself, just as I know some people in that situation. If the US masters degree made them super-duper smart, then they would not be knocking doors of desi companies for education after graduating.
I am no fan of desi companies, everyone here knows that. But don't preach a holier than thou sermon to everyone who doesn't have a US degree. Because your US degree isn't worth a bucket of warm spit when it comes to getting a job.
Your commments on parents motivating their childeren to strive for success in their lives, their is nothing wrong in that, would you rather have them go smoke dope and jerk around to waste their time? I am indian and proud to be, , above all proud that my parents pushed me to excel and do better with the opportunities granted to me.
However it is some desi companies who brought in the trend of lying and faking to get thie ways. But believe me , they dont get much further in their lives. I am glad strict restrictions are imposed on these companies, and the type of consultants they bring on board.
Is it fair that the person doing Masters from this country be put in the same boat as a fresh of boat from India?
Good Luck!
The famous quote is: You can only fool me once!
First of all, you dont have a binary choice in the matter such as either you learn 50,000 words and their spellings or go smoke dope. There is a middle ground here.
Secondly, why do I see in company after company, especially in the knowledge industry that a straight A student, like your Kavya here, working for a manager who had been a B- student who in turn works for an executive who was a C- student ?
Get educated ... that's fine. But dont get over-educated such that you are a cripple who cannot think outside the box. Too much education, too many straight As, too many spellings will make you incapable of thinking outside the box, taking risks. Anyways, that's my belief and my opinion and everyone is free to raise their kids in whatever way they deem fit. I for one, would never ask my 2 children to participate in any spelling bee contest.
As far as your desi company thoughts go, it has nothing to do with spelling bee topic. However, let me tell you this. By being holier than thou and telling other people "I got a degree from here and you dumb asses have never been to an American college, so get lost you idiot, this job here is mine..." does not help anyone. Also, no desi companies put a gun to the head of anyone - Indian educated or US educated - to work for them. And let me remind you, there is AN ENTIRE GENERATION of US educated US masters degree holders who had no job after graduating and have been to a desi company to get trained on the real-world software applications. I am sure you know some people yourself, just as I know some people in that situation. If the US masters degree made them super-duper smart, then they would not be knocking doors of desi companies for education after graduating.
I am no fan of desi companies, everyone here knows that. But don't preach a holier than thou sermon to everyone who doesn't have a US degree. Because your US degree isn't worth a bucket of warm spit when it comes to getting a job.
We anticipated such bills from various interest groups: nurses bill, Ag Jobs bill etc are also introduced. Watch out for CIR developments at this time.
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Hey Guys,
When I check case status online for my 765 Application, it is showing
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Approval notice sent.
On November 21, 2007, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I haven't yet received EAD. How long it usualy take to get EAD after this status. Any Idea??
When I check case status online for my 765 Application, it is showing
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Approval notice sent.
On November 21, 2007, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I haven't yet received EAD. How long it usualy take to get EAD after this status. Any Idea??
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I will see you folks after the elections.
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My heart really goes out for Neelima and her family! I also faced this kind of situation in my office to a lesser extent.
I am working as a permanent employee for a company and there are very few Asians working in this company. One of the business unit is outsourced to India and in our annual off-site meeting, the manager of that business unit sarcastically mentioned in the meeting infront of all the employees, how people in India lie about their resumes and how Indians are inefficient etc. etc. I felt so angry, sad and immediately walked out of the meeting.
I am working as a permanent employee for a company and there are very few Asians working in this company. One of the business unit is outsourced to India and in our annual off-site meeting, the manager of that business unit sarcastically mentioned in the meeting infront of all the employees, how people in India lie about their resumes and how Indians are inefficient etc. etc. I felt so angry, sad and immediately walked out of the meeting.
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I just renewed mine today (FL). It was the regular drill: passport, i-94, social security card (optional) and that's it. My new DL will be in the mail in 30 days. In the meanwhile, they gave me a paper one.
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remember folks, this will be a recurring theme for few years.
what I mean by that is, everyone who gets there EAD and AP due to this huge movement, will be applying for renewal in exactly 6 months, so there will be waves of applicants.
I'm assuming that almost all of the recent filers of 485 wont get there Green Card and hence will have to keep renewing there EAD's
it might be a smart thing to ask for less time EAD (is this possible)
so instead of asking 1Yr valid EAD, ask for 9 months EAD.
and since you can apply 6 months before expiry you will be eligible to file for EAD renewal in 3 months (when there will be less crowd)
what I mean by that is, everyone who gets there EAD and AP due to this huge movement, will be applying for renewal in exactly 6 months, so there will be waves of applicants.
I'm assuming that almost all of the recent filers of 485 wont get there Green Card and hence will have to keep renewing there EAD's
it might be a smart thing to ask for less time EAD (is this possible)
so instead of asking 1Yr valid EAD, ask for 9 months EAD.
and since you can apply 6 months before expiry you will be eligible to file for EAD renewal in 3 months (when there will be less crowd)
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Good luck finding one that covers you till the end AND is low on premium! The cheapest premiums are that of term insurance, and it is intended for such situations where you have taken measures to invest in other places such as real estate, equities, bonds, cash etc, AND you are not counting on earning any return on the premiums you have paid.
This insurance is plain and simple. You pay low for covering you for a certain period of time - 10, 20, 30 years.
Btw, if one is 35 years old and buys a 30 year term insurance, you are covered until the age of 65. What is your point?
It shows your knowledge about life insurance, go check it out on web for senior citizens quote and why life expectancy is beyond 65 and how to pass wealth to heir
This insurance is plain and simple. You pay low for covering you for a certain period of time - 10, 20, 30 years.
Btw, if one is 35 years old and buys a 30 year term insurance, you are covered until the age of 65. What is your point?
It shows your knowledge about life insurance, go check it out on web for senior citizens quote and why life expectancy is beyond 65 and how to pass wealth to heir
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Yes the initial reason for denial is bogus, but they may still deny it because of "too restrictive requirements"
What do you mean by "too restrictive requirements"?? so do you think I will be better off finding another job with a different company so I can apply for a new PERM (EB2) or just wait for the appeal that is now over 6 months??
Also, I know that the reviewing officer is supposed to review my appeal request and send a copy to the appeal board so they can make a decision but he/she has not done that because I convinced the HR in my company to call the board of appeal and they said they haven't received my appeal request from the reviewing officer ( he was supposed to send it within 30 days). he has had my appeal request for over 6 months. I am not sure what to do at this stage. I feel like I am stuck.[/QUOTE]
This is how they sabotage it! By the rule you must send the appeal to the same office that denied your PERM. Then they must send the appeal file to BALCA (and a copy to the employer IMMEDIATELY), but they pretend they never received it from you, I guess. They violate the law, but I don't know if we can do anything. Assembly the appeal file yourself and write to BALCA that you did file the appeal with the center (you have a proof that the mail has delivered it, right?) but it was them who, in violation of the law, haven't forwarded it to BALCA yet. 6 months can not be considered IMMEDIATE under any circumstances.
What do you mean by "too restrictive requirements"?? so do you think I will be better off finding another job with a different company so I can apply for a new PERM (EB2) or just wait for the appeal that is now over 6 months??
Also, I know that the reviewing officer is supposed to review my appeal request and send a copy to the appeal board so they can make a decision but he/she has not done that because I convinced the HR in my company to call the board of appeal and they said they haven't received my appeal request from the reviewing officer ( he was supposed to send it within 30 days). he has had my appeal request for over 6 months. I am not sure what to do at this stage. I feel like I am stuck.[/QUOTE]
This is how they sabotage it! By the rule you must send the appeal to the same office that denied your PERM. Then they must send the appeal file to BALCA (and a copy to the employer IMMEDIATELY), but they pretend they never received it from you, I guess. They violate the law, but I don't know if we can do anything. Assembly the appeal file yourself and write to BALCA that you did file the appeal with the center (you have a proof that the mail has delivered it, right?) but it was them who, in violation of the law, haven't forwarded it to BALCA yet. 6 months can not be considered IMMEDIATE under any circumstances.
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国会移民法进入关键阶段，大家行动起来,支持immigrationvoice.org！
文章来源: lanzhouer 于 2006-04-02 07:42:34
http://www.wenxuecity.com/images/wxc-logo.gif
============ translation (thanks to Google) ===========
Congressional immigration law entered a critical stage, we take action and support immigrationvoice.org!
The article sources : Lanzhouer In 2006-04-02 07:42:34
===========================
LINK (http://web.wenxuecity.com/BBSView.php?SubID=immigration&MsgID=166941)
文章来源: lanzhouer 于 2006-04-02 07:42:34
http://www.wenxuecity.com/images/wxc-logo.gif
============ translation (thanks to Google) ===========
Congressional immigration law entered a critical stage, we take action and support immigrationvoice.org!
The article sources : Lanzhouer In 2006-04-02 07:42:34
===========================
LINK (http://web.wenxuecity.com/BBSView.php?SubID=immigration&MsgID=166941)
http://online.onetcenter.org/help/online/zones
Looks like what matters is SVP. Zone IV job can be MS +2yrs of experience or BS + 5 yrs. In the first case it apparently qualifies for EB2.
Looks like what matters is SVP. Zone IV job can be MS +2yrs of experience or BS + 5 yrs. In the first case it apparently qualifies for EB2.
EB3 I = June '03
EB2 I = C
"Unke dekhe se jo aa jaatee hai MuNh par raunaq
Woh samjhte haiN ke beemar ka haal achaha hai
.
.
.
hamko ma'aloom hai jannat ki haqeeqat lekin
dil ke Khush rakhne ko, 'GHalib' yeh KHayaal achaha hai"
Ref: Ghazal by Mirza Ghalib :)
Very very nice! Hard to not smile after reading it. Love it. :D
EB2 I = C
"Unke dekhe se jo aa jaatee hai MuNh par raunaq
Woh samjhte haiN ke beemar ka haal achaha hai
.
.
.
hamko ma'aloom hai jannat ki haqeeqat lekin
dil ke Khush rakhne ko, 'GHalib' yeh KHayaal achaha hai"
Ref: Ghazal by Mirza Ghalib :)
Very very nice! Hard to not smile after reading it. Love it. :D
