Friday, July 8, 2011

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  • pthoko
    07-17 01:39 PM
    I am assuming that you haven't left the country since 2005?

    Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.

    What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.

    Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.

    Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.

    Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).

    The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.


    Thanks Unitednations!
    I was waiting for your reply, good to see you back. I talked to my attorney(Looks like she's a good one, 20 years Expericence, for several years she's been in America's Best Lawyers). This is what she said
    "I don't think that it is worth worrying about this. It is definitely not
    unlawful presence, if anything you were out of status, but I think that even this is
    debatable. YOu will have to deal with this issue whenever you file, so I would not use
    this as a reason not to file for adjustment." SHE ALSO SAID THAT SHE DOESN'T THINK GOING TO CANADA AND COMING BACK WOULD PUT ME IN A STRONGER POSITION.

    She says travel might have its own issues, so she wouldn't suggest going to Canada just for this, but if I want I can go. Yesterday, I thought I'll go by wahtever she says and asked her to go ahead and file. I don't know if she has filed yet. BUT this issue is always at the back of my mind and disturbing me. I think I'll never get over it....

    So please give your suggestion on auto revalidation?? Initially I was thinking that I should get my H1 stamped in Canada, Now I understand this is not required. Is it a problem if I DONT have a prior H1B stamp on the passport?? What I have is my expired L1 stamp. What all do they check at the border for revalidation?? How risky is it?? Please give me your suggestion. I personally want to do it and get it out of my head, but am fearing if something bad happens.......

    ALSO WHAT ARE MY OPTIONS IF MY 485 GETS DENIED BECAUSE OF THIS??

    IF I have MADE A LAWFUL RE-ENTRY BY THEN, CAN I REAPPLY?

    CAN I STILL MAINTAIN H1 STATUS AND PRIORITY DATE?

    WHAT WOULD MY WIFE NEED TO DO, TO MAINTAIN STATUS IF SHE'S WORKING ON EAD AT THE TIME OF DENIAL?





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  • sanju
    12-20 07:02 PM
    Religions reminds me of trunk monkey. Folks from WA state will know what I am talking about.

    RCUBxgdKZ_Y





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  • JunRN
    06-05 10:25 PM
    I noticed that the $8k and $10k for California (which began in March 09) stimulus is taken by builders for their benefit. How did they do it?

    When I bought a house in March 09, the builder offered me great discounts (20k off the purchase price, interest buy down to 4.5%) and freebies (fridge, blinds, washer/dyer) so I took it. I bought the house for less than $90 per sq. ft.

    After the $8k Fed. and $10k California stimulus have passed, builders use that as their sales pitch to attract buyers and removed their previously offered discounts (some still offers discount though but offset the stimulus benefits).

    So, I believe that the builders/sellers are the real winner in the stimulus, not the buyers.





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  • GC_Applicant
    04-08 11:44 PM
    Not that I am going to buy right now., but want to get my home work done.

    Can anybody suggest some good guidelines for mortgage financing., like FHA loans (if I-485 applicant can qualify) and good lenders.

    Thanks for all the great info.



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  • h1techSlave
    04-07 04:43 PM
    My arguments apply to people with a single home to worry about. People who want to move from apartment into a house of their own.

    Managing a rental property (when you have more than one house, you have to rent the other houses), is a totally different ball game. I have no personal experience with that field, but am actively considering it. It doesn't cost you much money to think/study about it, right?:)

    he is /was talking about buying 2-3 houses. BTW that was then (2001) and this is now ..between then and now ..millions and millions of houses have been built and given to people with zero / no / absolutely no credit / downpayment. BTW I buy stocks when it is low and sell when it is high ..buying 2 houses or even 1 house in place like california ..is a big big thing (since no lender will give you loan unless you put in atleast 10 % ( 15 % - if you want to avoid PMI) ..just for argument sake ..say even if a person buy 3 adjacent (if u are lucky) houses (not townhomes) ..do you then buy 3 mowers or move them from 1 yard to another ? 3 bills ..prop / hoa / utilities ..it is a nightmare to even think about it ..and more so when you read articles from experts and economists who say prices will fall 15% more ..best is to have diversified portfolio with minimum expense (3 homes is big big expense)





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  • nojoke
    09-26 07:17 PM
    though its very tempting to support obama with all his elequent talk, I think action speaks louder than words. he has absolutely no history of doing anything in the senate, and has not worked in a bi-partisan way with the republicans to pass any thing. do you think all of a sudden as prez he's going to get things done. further his stance on matters changes as the wind blows. meanwhile mccain has a history of making things happen, even sometimes going against his party. Dem will be more interested in helping the illegals become permanent, and not the legals 'coz their sights are on the vote banks. reps in general are more pro-business, and will favor the legal as opposed to illegals. of course there are some who are against.
    someone pointed out the days were better in the 90's...i do agree that was a period of boom in the us economy with the rise of the dot com companies. but towards the end of the 90's, the dot com going bust, the us economy was heading in recession. and adding to that the rise of other economic powers like china, india, russia, the competition grew intense, and started to hurt the US economy much. However to the credit of the repub prez the SU economy came out from the inital recession, and the overall unemployment % was only ~5.4%, the lower in several decades incl the 90's. I think it was only through the right economic and pro-business policies of this admin that helped in this. of course the wars and the housing bubble has brought us to this new economic situations. It would require the next admin to frame policies that would keep US out of next recession.
    but with dems policies of higher taxes on business (of course higher taxes on you and me), and more govt spending using mine and your tax dollars (of course our ss which we might never see) to hand it out to the lazy, and good for nothing people, you'll def see the US economy going into deeper recession. on top of that the universal health care would see us going the way of CA and europe with health care rationing, and long lines.
    I could go on adding the benefits e.g. favorable deals with india the repubs would bring, but I thinks this is good for now.
    so I would suggest stop going with the age old mentality and blindly believing that the dems are best. Start to think rationally.

    How is giving tax break to the business helping us in the time of recession? If your company is not selling products, it will hire more to do what? The tax cut will simply go to executives and there will be layoffs. Trickle down economy is a scam.
    Did you compare Obama's tax plan with McCain's. Go to CNN and you will that you will get more from Obama than from McCain's tax cut. How is universal health care bad? There are 50million without healthcare here. Soon your company will say that it cannot pay your healthcare plans because it is getting costly. The middle men(insurance companies) maybe eating more of your money than the actual health care costs. The long lines are due to less available doctors, not because of universal healthcare.
    "A Commonwealth Fund study of six highly industrialized countries, the U.S., and five nations with national health systems, Britain, Germany, Australia, New Zealand, and Canada, found waiting times were worse in the U.S. than in all the other countries except Canada. And, most of the Canadian data so widely reported by the U.S. media is out of date, and misleading, according to PNHP and CNA/NNOC."



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  • rvr_jcop
    03-26 09:13 PM
    If you go really far back; california service center when they were adjudicating 140's would the odd time deny a 140 because they didn't believe the intent of joining the company if a person was working in different location (when baltimore case came out; it helped in overturning these types of denials and they stopped doing it).

    Now; nebraska service center the odd time did question the intent at the 140 level and also at the 485 level. I haven't seen it much in last three years. However; the ones I did see (they were all approved; thanks to baltimore decision) were for companies which had filed labors in iowa. I believe that this was also one of the catalysts in looking at iowa companies of what is happening today.

    Thanks UN. Just a follow up question, how would you advise to cases where the labor was filed at client location and the employee shifted to another state right after the 140 approval. I guess in this case there is no chance of convincing USCIS about AC-21 invokation. How would you act if such query comes up? Or is there a chance to get this query these days at the time of 485 processing.? Thanks in advance. With this, I would have all my doubts clarified regarding the work location. And also, I hope it does to so many others.





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  • Keeme
    12-18 05:02 PM
    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.


    Palestine -
    Iraq - Aren't you glad to see people are free from dictatorship of Saddam ?
    Afghanistan - Can you name a place on earth which is worst than this country ?Have you seen video how they treat woman ? Have you seen how school girls were thrown acid for attending a school ? Help Nato/ US/ other country to help those poor souls.

    Somalia
    Darfur - Do you really know what is going there ? I wonder why not Middle-east country has come forward to stop that killing so far.
    Chechnya
    Kashmir - More, (may be 1000:1 ratio) pundits/Hindus have been killed there. As I have heard, they had cut 100s Hindu women's **** and hanged in line in main street ! Can you imagine being refugees in your home country !

    Gujarat... - Get your facts clear.Muslims are much safer/prosperous in this state. Riots were normal for all of you till the killed Hindus numbers were higher than killed Muslims. some 1000 local were killed in 2002 including 400 + Hindus. People do not mention what happened before in that burning train and 100 + pilgrims were burnt alive.

    Accept that there is a problem and fight how you can change it. Today some one is become victim, tomorrow it will be your turn. Doesn't matter where you are from/which religion follow.



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  • hiralal
    06-06 10:58 PM
    to buy another house (if it is not distress property / from auction) just to put it on rent is stupidity ..risk is good if it is calculated ..to take foolish risk is foolishness ..anyway that is me. In this Country land is virtually unlimited !!! demand is low (see immigration ..they give majority GC's to people when they are 50 - 60 years old) and those who are young have smaller families because of high cost of living, way of living.
    to buy a house to put it on rent is big loss as there are millions of houses already competing for renters
    ONE more reason for those who are on H1/ EAD is that 90% of then job postings on DICE and other places ask for only citizens or GC holders.





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  • Desichakit
    08-06 11:01 AM
    I think clearing an exam like IIT-JEE in no way makes a person Superior over others. I my self have cleared IIT-JEE and am EB2 India, but still I see this proposed/planned Law suit to be ill thought off.

    Rolling Flood: I can only say that you can give any logic for this Lawsuit and it can be countered by any other logic why it is incorrect.


    Some body Porting from EB3 to EB2 if it is done sucessfully previoyusly then it is Lawfull.

    Many countries had their Jaichand's who will go to any extent for their own benefit, but society, nations thrive even after that.

    Your comments is very welcome because it gives all of us 1 more reason to be united than divided.

    PS.: When there is flood in Gangaji then it is not revered, only when it is within its banks it is revered and does good for society



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  • cpolisetti
    04-18 06:09 PM
    I don't believe votes such as this are scientific. Also only people who like the opinion given by him watches the show, so everyone knows it will be biased.

    Anyway I did vote NO.

    Lou Dobbs at CNN is doing a quick vote to justify his oppinions against amnesty. So far, the majority of the vote is "against" rather than "for". I myself am not a big fan of the proposal becauses it deminishes efforts put in by legal immigrats like ourselves but regardless consider it necessary for us to support as it currently is the only bill alive including retrogression relief along with amnesty.

    Media generates publicity by twisting a small fraction of reality. Imagine what Lou would say if he gets a unanimous vote against amnesty. I am sure he will make the best of it to promote negativism towards any relief efforts regardless of it being amnesty or retrogression relief. Please go to the URL below and cast your support vote!

    Question: Do you believe Congress should first demand that our borders and ports be secured before taking up immigration reform?


    http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/





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  • xyzgc
    12-22 03:16 PM
    Well, one thing I can think of is how we treat the dead terrorists. In case of Parliament, Ashkardam and Mumbai attack, security forces killed the terrorists while they were killing innocents. As usual, Pakistan disowned them.
    Publicise very very heavily and spread the word that these dead bodies would be given non-islamic burial. Hit where it hurts them...After giving non-islamic rites, spread the word that next terrorist that gets killed would get more drastic treatment.

    BUT ensure that this treatment would be only for the foreign terrorists who are killed by security forces while doing their act and that are disowned by their country. It can be easily misused also. This should ONLY be done if nobody claims ownership of the body.

    The story we hear about Kasab is that he was a looser and a petty criminal who was brainwashed. If he and his ilks are willing to get brainwashed religiously then they can not discount the effect of propaganda about non-islamic rites for their dead body and possibly it might deter them from taking that ultimate step.

    Take a survey among the Muslims in Bombay to see if they support giving non-islamic rites for the 'orphaned' dead terrorists. I'm sure most of the sensible Muslims are outraged and they would agree to it especially after seeing what they saw on the TV. Before the killer's gun, there is no religion but only the intention to kill.

    Publicity is a good potent weapon, I agree.



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  • obviously
    04-10 12:41 PM
    Fighting between EB categories shows how shallow our debates can turn out to be! Rhimzim & all, do the illegals differentiate between meat packers, seamstresses, window cleaners etc.? Why waste time and energy?





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  • ganguteli
    03-24 03:29 PM
    UN,

    I can't help asking this.
    I have been following your posts for a while. I know you are quite knowledgeable in immigration.

    But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.

    I like to believe you are unbiased. Please let us know.

    Do you disagree about Indians?

    Indians are in majority. Indians do most consulting. Indians did most sub labor. Indians are the ones getting caught in raids. So there is your proof.

    But the problem is USCIS and lawmakers are not interested in solving the problem. They only want to punish. Punishing is not a solution.

    I disagree with UN that enough is being done against illegals or against consulting. If ICE was rounding up illegals every week, you will not be seeing so much illegal problem. Likewise if USCIS was alert on labor substitution, consulting, lawyer-employer nexus, employee abuse, we will not be seeing so much mess.



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  • unitednations
    07-19 02:07 PM
    It looks like this thread has really started to make peope think of the "status issues".

    A lot of people have sent me PM's to assist them. However; I can't take this off-line; therefore, please resist from sending me PM's.

    Reason I participated in this discussion was to highlight some of the things that people should think of and determine best courses of actions.

    attornies and the like are very busy doing their current work. There is a high chance that they may not do the proper due diligence or ask you the proper questions before they file.

    You all need to have a very thorough discussion with your attornies and take second opinions where necessary. I can tell you that depending on your attornies case load; how many phone calls they are taking; they may provide you advice that would suit their own needs (ie., get you off the phone the quickest and let them carry on with their normal duties).

    Unless the law changes; everyone will be stuck in retrogression for a long time. If UScis should pre-adudicate and deny 485's then you will lose the opportunity to re-file for quite some time.

    This is an important topic as this is what uscis mainly looks at in the 485 stage. I suggest people discuss it with their attornies and make sure you have every situation covered before you file the 485.





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  • ganguteli
    03-23 12:30 PM
    The other day someone called me offering to sell some services.

    I said, this is a great service and thank you for calling. I also have a great service to sell. Could you please give me your home phone number. She said she does not have a phone. I said, how come you live in USA without a phone?

    She said, she does not want to give me and be bothered with such sales calls.

    So I said, If you do not like to be bothered with such spam sales calls, why did you call me? :)



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  • 485Mbe4001
    08-05 03:16 PM
    Wow...good for you...welcome to America...

    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.





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  • GCapplicant
    07-13 04:46 PM
    I am just losing confidence.Just wondering how they have moved only the second category -when there is someone highly retrogressed.
    To fail the bills so no one will work for that anymore or just because EB2 is superior than EB3 or am I confusing myself.So once if EB2I becomes C and then EB3row C will EB3 I atleast move.

    Its just a spillover,why cant they give it equally.Why no one is ready to question for us?





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  • lost_angeles
    07-13 03:30 PM
    Last year's flower campaign was very successful. It created positive vibes for us all around. The reason for the campaign's success was it's novelty, non-confrontational approach and it's appeal to the sense of justice of the people that mattered.

    With the EB3-I situation as it is, we definitely need to start a new and similar collective initiative as has been discussed in this thread. It is been generally agreed that the format of our initiative would be a letter, contact, and action based effort.

    Not to be preaching to EB3-I-inans, but most of us are truly in a trance where we refuse the possibility of not getting a Green Card, at least when it is meaningful. To many of us this possibility is such a catastrophic event, that sub consciously we have not even provisioned for it. In the euphoria of EB2-I advancement, we forget that the relief is most likely temporary, and we go back to square one in OCT 2008. I think everybody who is still in immigration process, should take a part in this effort. For those who are already ashore, would be a nice gesture if you too lend a hand. On a personal level, I am glad that I am waking up from my laziness and apathy to do something on my own and not wait on others to do it for me.

    ----------

    I want to use this post to outline a first cut for two things --
    1. Compile a list of points that outlines the general message of what and why of we are doing.
    2. Discuss the action items that accompany our message.

    ----------
    1. Points for general message --

    * We understand that immigration is a privilege and national interests are above our plight.

    * We are highly educated and experienced residents. Most of us have been living in USA for more than past 7-8 years.

    * We are in suspended limbo without knowing the timeline of what the future holds for us.

    * When we started the immigration process, it was with implicit belief in the fairness and transparency of the system. The general labor substitution, paying money for Green cards and other abuses have thwarted this belief. This point should be emphasized.

    * There were and still are lots of loopholes in the system. Till now, the process has glaringly rewarded the law breakers. As long as these distorted incentives remain, the priorities will be skewed for some.

    * We are not here to rob anybody's livelihood. It is a symbiotic relationship. If it is not true and not good for USA, let us know. You cannot let few H1 scams discredit the whole ilk.

    * We are tied to our jobs/positions; creative juices are suppressed; creating a secondary class of indentured labor.

    * We cannot afford to do tech-speak (245, AC-21, EBs, ....) in the message. The message that we are trying to convey should be understood by the layman in 20-30 seconds.

    * We should try to empathize with groups like Numbers-USA. Yes, they too have valid points. If we agree to their points and quote their valid issues, it will take some sting out of their message and work to both our advantage; more to ours.

    * By being in this uncertain state, we cannot decide on big ticket items like buying a house, etc.

    * We request respect and dignity versus treating us like a dumb herd of sheep. Give us more clear cut direction and transparency.


    ---------

    2. Ideas for action item --

    * Similar to flower campaign, we need to find a novel action that accompanies our message.

    * This action item should somehow reflect that it is selfless and for a higher cause, which creates a general feeling of well-being.

    * Some of things I thought of are -- contributing to Salvation Army / Goodwill, sponsoring education for children from low income family in USA, blood donation campaign, etc.

    * Out of this, I think blood donation provides most bang for buck. The idea sounds like too extreme and desperate. It probably is, but it sends a strong signal, also subtleness of if-my-blood-is-good-enough......
    Also other inherent benefits are it does not cost anything and is good for your health. And you can be very discrete about it, if you think of lobbying for your green card is stooping too low.

    * For blood donation or any other option that is decided, attach proof of receipts/certificates along with our letter. Alongwith a national level office (USCIS director?), this should be sent out to all local representatives, news orgs, etc.

    ---------

    This is a long post and I appreciate your patience in going through it. Please post your comments on this post and add any other ideas you deem fit. I think we all should move very fast and try to drum up as much attention as possible. The ultimate goal is to get some kind of direction or relief before the end of this year.


    Thanks.





    unitednations
    08-02 10:47 PM
    Thanks for your valuable suggestions UN.

    So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?

    Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?

    Thanks again. I really appreciate your help.


    Keep in mind that not many people post all of these issues. People keep these types of rfe's, denials closely guarded. When I used to have my contact info. on the boards; people would call me and discuss with me and I would remember a similar posting. The posting would have been that persons but what they posted had only 10% of the story of what it really was. Point is that people need to educate themselves on these scenarios. At the same time; uscis usually just goes and approves the case by glossing over it and missing it. However, when you get an adjudicator who wants to make a mark for him/herself they may go after these gray areas. I was pretty ignorant about it until my case went for a loop and then I got obsessed with learning these issues.

    From a common sense point of view; future base employment or if you leave an employer before 485 is pending for less then 180 days and say you had intent to work with them until 485 was pending for 180 days is pretty much not genuine. However; it is in the law. If uscis sees that you were working with a company and left early and said you were going to return or had intent up until 180 days was over to join them; then they can start going after the intent issue. That is; if you went to self employed, totally different field; made substantially more money and said that you still had intent up until 180 days to join upon greencard approval; then you have to be really careful about it.

    Confusion within the law is that ac21 says you can "switch" employers after 180 days. The word "switch" implies that you were in that employment for 180 days and then you changed.

    However; uscis clarified in all of the memos that since greencard is future base; there is no standard to even work with the employer until greencard is approved. Since there is no standard to work with them prior to approval then a person could use ac21 to change "intention" after 180 days. However; they always talk about "intent", "bona fide", etc. These words have so much wiggle room for uscis to abuse their powers or make things difficult for you.

    If you wanted to be on the safe side, just in case uscis asked then you should get an updated offer letter at the 180 day mark that the job is still open once you get the greencard approved.





    dealsnet
    01-07 05:16 PM
    All communists (left) people cannot digest happenings in the new world. Communism & its extremists are a cancer in the last century, by God's grace is over. Now Islamic terrorists are the new avatar. Their fate will be same as communists. This guy get money to write article and book for them,

    Before blaming muslims try to understand the fact and know atleast a little history. When you have time just read this.

    http://www.guardian.co.uk/world/2009/jan/07/gaza-israel-palestine

    news article written by Oxford professor of international relations Avi Shlaim served in the Israeli army.



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