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pitha04-07 01:56 PMYou will not be able to convince the lawmakers who introduced this draconian law to make any exemptions for h1 extensions. These people introduced this measure with a well thought out strategy to kill h1 without actualy saying they want to kill h1.

A good way to protect people already on h1 from these draconian laws is through the ability to file for 485 without priority date. Every passing day will only make it worse for people on h1 not just new h1 but also people already on h1 waiting for h1 extension or renewal or transfer.


Can there be a differentiation between extensions/renewals/company changes and new H1bs?

In some sense there already is, since the former are not subject to cap, while the latter are.

So, why not extend the same argument to other situations?
Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.

That way, they don't get rid of existing H1B employees.
They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.



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desi393308-06 02:40 PMHere is his very first post by Rolling_Flood in IV forums. Not only he is using foul language, he is totally arrogant. Lines like "How dare you f***@#n compare yourselves to EB-2?" and "i will slap a lawsuit against any organization ...".

It seems that he is always ready to file lawsuit.

For me, its a good read to get a good laugh. :D

This person is such a slick sucker. Everyone, please read his previous posts. He was whining about how to apply in EB-2 and the timelines for I-140 approval etc. Then, he wanted to know whether he could go to school on an EAD.

In short, he is doing this EB-3 bullshit just to get maximum mileage out of this in his favor. Given a chance, he would jump ship to EB-2 and not give a damn about EB-3 India.

Expanding on these points, if you, the reader, are an EB-3 or ported to EB-2 and work in the oh-so-familiar IT bodyshops, go suck on those sour lemons.

How dare you fuck@#n compare yourselves to EB-2?

Cant you FUC@#N understand what the phrase "preference category" means????? go get a higher education, change employers, get an EB-2 the right way.

Stop this bullshit you have going on. I for one will write my own letters to ensure none of this EB-3 India whining nonsense gets any attention. I will also mobilize other EB-2 India and China folks i know, to do the same.

If that does not succeed, i will slap a lawsuit against any organization that attempts to twist the rules to imply EB-3 and EB-2 are the same skill level.

Let us see who wins here. In the interim, go suck on those sour lemons and work for your blood sucking desi employers. Serves you right for being lazy and not trying to help your lot before.

Will rot for 7 years in EB-3, but will not get a US MS/MBA/PhD, will not change to an EB-2 job, and then when EB-2 gains something, will cry and create a ruckus????? Go screw yourselves.



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sumanitha01-07 06:23 PMDear Rayyan..

I dont know if you are a male or a female...

One thing you need to know is there is no wrong to worship male's organ.. If that doesnt work.. no matter what.. your l(w)ife is sucked..

Hope you understand what I mean..

Oh ya!!!,
I know you worship shiv ling a MALE ORGAN !!!!!!!, a rat, elephant face, tree, stone ,snake , etc. Common man look at your religon self first before pointng others......



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unitednations08-02 06:09 PMThanks for the quick reply. I never overstayed my I-94 either before leaving US or re-entering US. But just a thought... Do you mean if somebody covered by 245(i) and never left US after filing the labor before April 2001, still be eligible to adjust status?
Thanks


Yes.

A little unknown thing is that even if you get married to someone who is eligible for 245i; you also get that benefit. Even if someone divorced a person who was eligible for 245i; they still get the benefit.

Therefore, someone who has overstayed, out of status and marries someone who had a labor or 130 pending before april 30, 2001 (even though this person was never out of status or overstayed); then spouse can claim 245i benefit.

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desi393308-05 10:53 AMWhy should they?

So, you don't believe in helping others.



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ksr08-14 05:45 PMThere is another thread in this section that somebody posted that has the answers. You can take the Fp and request re-scheduling for your family giving the travel iternary copy and date(s) when they would be available


Thank You Krishna. I have just mailed Fp notices requesting for re-schedule.

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msp197604-08 09:00 AMWould you???
of course not....
The provision defeats the purpose of whole whistle blower clause...



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unitednations03-25 02:56 PMI heard from the grapevine that UNITEDNATIONS will be the next USCIS chief - so folks better behave with him or he wil report ya all :D :D :D :D


I know you are kidding; however, you only get selected for such positions as long as your idealogy is in line with what they want.

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sledge_hammer12-24 12:00 PMYou, being an Indian by nationality, hate India so much and I can only imagine what a Pakistani terrorist would think! You were born in India, got your education from there, have friends and family there, but still, in a heart beat, side with the terrorists that kill innocent Indians.

I've heard this numerous times and I now know it for a fact - Muslims love their religion more than the country. It is, now even more clear, who MOST Indian muslims will side with in case of a dispute between India and Pakistan.

How old is the technique of discrediting my links to win the argument. Of course, if I tell you of all the atrocities of Indian army in Kashmir, or punjab, or assam, to you I am a muslim, and my default I hate India. Of course, it wouldn't matter if good old amnesty internationl would raise a red flag against india...
http://www.amnesty.org/en/appeals-for-action/thousands-lost-kashmir-mass-graves

wait they have raised a red flag a million times, anybody paying attention, or just shaking head in disbelief?
or you do not want to loose your right to dance on murder of muslims had it not been a country like India where Modis, advanis, uma bhartis can roam freely....
...oh wait, but India also denies any trials against in military in Kashmir, so they can do what they want, and never be challenged in court of law, and amnesty's report goes to garbage, because this is Hindu india, and minorities like Sikhs, Bodos, muslims, dalits, dravidians will have to put up with their hegemony...

... and yes, if somebody losses his mind because his home has been bulldozed by indian army, or women raped and murdered ... he will be branded terrorist and shot.

http://news.bbc.co.uk/2/hi/south_asia/6074994.stm

... but of course this is a rambling of muslim, and all muslims are terrorists, and all hindus are protector of bharat mata, so when a hindu kills a muslim, he kills a terrorist, but if a muslim rebels in lack of justice and equality, he is a terrorist.... it's a fair game!



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paskal07-14 04:45 PMThe reason for this was not because of EB3ROW getting preference, it was because USCIS illegally used up entire year's quota before the congress actually authorized them to. Stop making false claims about EB3ROW getting preference over Eb2-I

but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.

The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.

Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.

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unitednations07-08 04:47 PMthanks UN..

we don't mean to bug you..!!

but sometimes these r so scary..it feels we r better off being illegal in this country..

all this is just plain BS..when we r paying so much in taxes and SS in this country..we r still chopped and diced like vegetables ...

btw..on the same note since you r here..does the 'out of status' count only after the last entry in to thr country..or it is still scrutinised right from the time you land into the US..

pls post..


Unlawful presence; overstaying i-94 card and not filing a timely extension before expiry of non immigrant status. Very serious issue; especially if someone overstays y more then six months.

Out of status; legally here (unexpired I-94 card) but not complying with terms and conditions of the I-94 card.

In both situations; everything is wiped out upon exit and re-entry. However; if someone has unlawful presence of more then six months then it is fatal if you leave as the 3 and 10 year bars apply to re-entry.



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factoryman05-01 01:56 PMI had lot of hopes for skilled immigrants under the democratic majority both in house and senate. They are now slowly waning. As I see it, the democratic party in US (elsewhere except South) is now taken over by union and leftist liberalsl in the South it is hijacked by Blue Dog Democrats. I see no hope.

DailyKos is a liberal activist group, with a LOT of influence on Democrats of all hues. Why, most Senators, Congressmen, Presidential Candidates regulary start threads, discussions etc.

Go there and see that is going on. (http://www.dailykos.com/story/2007/4/30/95526/3669)

Though the discussion is mostly on H1B, there are few gems on Green Cards. This one particularly caught my mind.

Some Leavening (1+ / 0-)
Recommended by:fastwacks
While I don't dispute the overall study, it may not reflect the current market. As someone who places software engineers, I'm finding it hard to find well trained people and companies often reject them before we get to the price negotiation stage. A lot of the people we find are on H1-Bs or have green cards. We are searching in the same pools as everyone else (and with our own sources as well) so it's not like we are selecting by place of origin. So, it looks to me from admittedly annecdotal evidence that there really is a shortage of native talent.

I think a part of this is because the ranks of U.S. engineers were virtually obliterated in the last seven years by the downturn. Many of those people simply left the field. Engineers who were here from India and other countries on H1-Bs got sent home, but they quickly found jobs that were outsourced to their countries. That means that their job skills continued to improve, while people in the U.S. found jobs (if they could) at Mervins and Wal-Mart. They left the Valley in droves.

The result is that it is very difficult to find people with current skills if they have been living in the U.S. And those who would possibly re-enter the market are justifiably gun shy about moving back to Santa Clara County.

This includes a large number of women (and men, for that matter) who decided that the downturn was an opportune moment to stop working and have a baby. It's difficult to cover up a two- or three-year gap in your resume. Companies want to find people with current skills. This is partly related to another, negative, change--the unwillingness of companies to invest in their "human capital." They won't train anyone on their own dime if they can get away with not doing it.

The U.S. needs to jumpstart the local tech worker group by putting some real muscle behind the effort. That means more than job training. We have to fund internships or something that will get these people real job experience on current products.

Oh, and then there's the whole pay scale thing. Would you live in Silicon Valley on $35/hour? If you didn't have a family, then probably no problem. That is to say, if you are here on an H1-B from India, then you'd scramble to get the job. But if you have a non-working partner or more than one child, then you are probably not going to leave Nebraska for the hot lights of Redwood Shores. At least you wouldn't if you had any idea what it costs to live in Redwood City. Start by bringing a couple hundred K to plunk down on your new home--average price somewhere north of a half million.


Think, liberally.



IV should totally change its strategy; drop all activism on the legislative front. Instead, start mass campaings of letter writing to DoS, Employers, Corporations, and Yes, law makers, both Congressmen and Senators.

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mbawa257405-28 08:21 AMI think Indian Governernment should report this to WTO. America is creating conditions that are discriminatory and not business friendly. India should start cutting wings of American Companies selling goods in India. IT is our product and in case US people have problems with IT professionals from outside, they don't have any right to sell the goods to my people.



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apt2908-05 03:24 PMThose are not in IT are caught in between the IT folks!

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Macaca12-23 09:42 PMCongress Cool on Tech Issues in 2007 (http://www.washingtonpost.com/wp-dyn/content/article/2007/12/23/AR2007122301761.html) Patent reform, security, Internet access and other topics are expected to gain a higher profile next session PC World, Dec 23, 2007

No one is calling 2007 a banner year for the technology industry in the U.S. Congress.

Congress passed a handful of bills on many tech vendor and trade group wish lists, but in several cases, they represented partial victories.

"This Congress so far has a record of neglect on technology issues," said Representative Bob Goodlatte, a Virginia Republican, whose party lost the majority in Congress in the November 2006 elections.

Goodlatte isn't an impartial observer, but members of the tech community also acknowledge that Congress has been slow to act on tech issues this year. Still, not everyone was expecting great things from a Congress that had to reorganize after the change in party control.

It's too early to judge this session of Congress, which continues through 2008, said Kevin Richards, federal government relations manager at cybersecurity vendor Symantec. "I think we have a lot of interest [from lawmakers], and this has the potential to be a tech-friendly Congress," Richards said.

Members of the tech community point to some success in Congress this year:

Congress passed the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act, which became law in August. TheAmerica Competes Actallocated US$43.3 billion for research and math- and science-education programs.

Congress approved a free-trade agreement with Peru in December, the only such agreement approved this year. Some labor and environmental groups opposed some free-trade agreements, but the pacts are "imperative" for tech vendors, said Sage Chandler, senior director of international trade for the Consumer Electronics Association.

The CEA, which launched a campaign against "protectionism" in October, said every trade agreement is important to its members. Upcoming free-trade agreements coming before Congress include Columbia, Panama and South Korea. A handful of CEA members are already doing business in Peru or would like to and between 2000 and 2006 U.S. consumer-electronics exports to Peru increased by 12 percent, Chandler said.

"Without the ability to sell into foreign markets and get components from foreign markets, our companies aren't going to be able to employ Americans," she said.

Some successes the tech community can point to, however, were partial victories:

Congress, in late October, passed a seven-year extension to a moratorium on access taxes and other taxes unique to the Internet. But many tech groups and lawmakers had pushed for a permanent tax ban, arguing that it was needed to foster Internet and broadband growth.

Opponents of a permanent ban successfully argued that it would remove a check on Internet service providers attempting to include other services, such as VoIP (voice over Internet Protocol), in the tax ban. In addition, some lawmakers argued that a permanent ban could cripple the ability to pay for services.

But some lawmakers argued Congress should've gone farther. The House of Representatives, which in the past has approved permanent extensions, this year passed a four-year extension and "had to have the Senate show them the way to a better seven-year extension," Goodlatte said. The "ultimate goal" should be a permanent tax moratorium, he said.

The Senate in December passed a one-year extension to a research and development tax credit for U.S. companies. TheTemporary Tax Relief Act, which the House approved Nov. 9, extends the tax credit, which covers 20 percent of qualified R&D spending. But many tech groups have called on Congress to permanently extend the R&D tax credit, which has been extended a dozen times since 1981.

Supporters of an expanded tax credit argue that the U.S. has fallen behind other nations in its R&D support. Once the most generous with R&D tax breaks, the U.S. by 2004 fell to 17th out of the 30 nations of the Organisation for Economic Co-operation and Development.

But the tax break comes with a price tag of about $7 billion a year, and Congress has been reluctant to extend the program long term. Some government watchdog groups have called the R&D tax credit corporate welfare.

Some tech groups have said the R&D tax credit helps keep high-paying tech jobs in the U.S. And companies have a hard time mapping out their R&D when the credit keeps expiring, said Symantec's Richards. "The on-again, off-again nature of the credit makes it impossible for companies to do the long-term planning that's needed," he said.

In many other areas, Congress failed to act on legislation many tech groups called for:

Patent reform: Many large tech companies said their top priority was for Congress to pass a wide-ranging patent reform bill that would make it more difficult for patent holders to sue and collect massive infringement awards. The House of Representatives in September passed thePatent Reform Act, which would allow courts to limit patent damage awards if a patented invention is a small piece of a larger product. Among other things, the bill would also allow a new way to challenge patents within one year after they've been granted.

Supporters of the bill, including Microsoft and IBM, argued that it's too easy for patent holders who have no intent of marketing an invention to sue large companies and collect multimillion-dollar damages when a small piece of a technology product is found to infringe. "There are people who now just hold patents to sue and not to innovate," said Symatec's Richards.

Another important piece of the bill would limit where patent holders could file lawsuits, Richards said. Many patent holders file lawsuits in the patent-friendly U.S. District Court for the Eastern District of Texas, even though neither the patent holder or the accused infringer is located there.

Opponents, including pharmaceutical companies, some small technology vendors and inventors, have successfully stalled the bill in the Senate. They say the bill severely weakens the power of patents.

Senate leaders say they will tackle the bill again in January. Opponents will continue to pressure lawmakers, said Ronald Riley, president of the Professional Inventors Alliance, which has enlisted the support of some labor unions.

Opponents have talked about finding candidates to run against lawmakers who support the bill, Riley said. "We will have an all-out onslaught on the legislation," Riley said. "We think we will have to make an example of some legislators."

H-1B visas: Another top priority of many tech vendors has been an expansion of the H-1B visa program for skilled foreign workers. The current yearly cap is 65,000 visas, with exceptions for an additional 20,000 graduate students, but in recent years, the cap has been filled before the year begins.

Microsoft Chairman Bill Gates testified before a Senate committee in March, saying the U.S. should not shut out talented workers. "We have to welcome the great minds of this world, not drive them out of this country," Gates said. "These employees are vital to American competitiveness."

But U.S. tech worker groups such as the Institute of Electrical and Electronics Engineers-USA (IEEE-USA) have opposed a higher H-1B cap, arguing that companies use the program to hire foreign workers for less money than unemployed U.S. workers would receive. An H-1B increase to 115,000 was part of a comprehensive immigration bill in the Senate, but that bill stalled over a contentious debate about illegal immigration.

Data breaches: A handful of data breach notification and cybercrime bills stalled as Congress focused on other issues. The House approved two antispyware bills, one that created penalties of up to five years in prison for some spyware-like behavior. But the Senate didn't act on the bills, in part because there are concerns that the second spyware bill would preempt tougher state laws.

Net neutrality: Many consumer groups and Internet-based companies continued to call on Congress to pass a net neutrality law, which would prohibit broadband providers from blocking or slowing competitors' Web content. However, the U.S. Federal Communications Commission has included some net neutrality rules in an upcoming spectrum auction, and both Verizon Wireless and AT&T have recently pledged to allow outside content and devices on their mobile-phone networks.

Congress has also examined tougher penalties for copyright infringement, but hasn't moved legislation forward. With the change in party control, some things have been delayed, and "that was fine with us," said Art Brodsky, spokesman for Public Knowledge, a consumer-rights group that has opposed tougher copyright penalties.

Some observers expect Congress to be more active on tech issues in 2008. It will be an election year, and it will be hard for controversial legislation to move forward, but many tech issues aren't partisan, Goodlatte said.

Passing some tech-related legislation would show some progress, he said. "I would think that the Democratic leadership, in the miserable lack of success they've had in passing legislation this year, would be looking for a new approach in the new year," he said.



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pani_607-12 11:29 PMEB3-I..please print the attached word doc and sign and mail it to Department of state..this week

Moderator could you makes this Sticky please

Could somebody also post the adderess of USCIS please..

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bondgoli00701-06 04:24 PMHamas position??? Huh.. Did Hamas members came and told you that Isreal shouldn't exist? Did we hear all these from those people? When did we last hear from Palestinians on thier position and what they think about Isreal? Its media and nothing but jewish media propagate this. What do they acheieve by doing these kind of propaganda??? They win people like you who would support killing on innocent civilians and school kids. PERIOD
WOW!!!

Can you read how much hate you are spewing in your posts? against jews, against hindus...against anyone who disagrees with the mostly wrong opinion you have. Where do you get your information from by the way? I mean the REAL TRUTH?? Have you been to Gaza?

Read Hamas's charter....it is clearly mentioned in there "calls for the destruction of the State of Israel and its replacement with a Palestinian Islamic state in the area that is now Israel, the West Bank, and the Gaza Strip"



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gcisadawg01-07 05:39 PMYou lived in India and hate India, because of your wicked religion.
Equating Bombay with Palastine is only a traitor can do.
Even passive support is act of betrayel.
Evil will be destoyed, it is God's will. They are preparing the kids for suicide bomber. So it is their fate to die little early, without harming any one.
Any way your religion and its founder are blasphamy for real children of God.
Only retard minded can follow it. Do suicide bomb to get 72 virgins. If any one of the virgin is a lesbian, what will do ?. If the guy is old, do he get viagara???They don't know in heaven no sex. No flesh, people in spiritual state.

dude, that is gross! There are so many others who follow Islam and just because a minority is engaging in terrorism in the name of the religion, you can not paint all with the same brush. I hope sense prevails here. If you want, attack refugee's pioint of view not his religion.

This is becoming crap. I request the moderators to throw this thread to where it belongs.



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alisa01-04 02:13 AMPlease don't kid yourself ...all these points seem so shallow that there's no way one could read too much into it. I find this exchange meaningful though it took me 4 posts. Please keep playing your game.I think you proved the point that I initially raised.

Like someone pointed out before you can't wake up someone that's pretending sleeping.

Thank you.

OK.
But I still can't figure out what your argument really is.

Lets agree to disagree, I suppose. Let me know, if you can, what exactly and specifically it is that you didn't like about what I said.



mariner555504-14 03:09 PMYou will never learn. Anyways, if you read my earlier posts you would know that I have said that people who most people who live in apartments would be having valid reasons. I have also said that if I were in CA. I would be living in an apartment too. I am never against renting or living in an apartment, but I am against renting when it makes perfect sense to buy and when the time is right (which of course is NOT NOW).

My counter arguments are for people who were scaring people into not buying a house when things are conducive for them. Note, when I say conducive it means all things considered as in the time is right, they have a good job, have found a very good deal in a location having a very good school and they have found something which has an extra room when their elderly parents visit them.
I can say the same about you. let me clarify too ..and let me stop this since I (and I guess you) have better things to do
my arguments were for people who are being pressurised to buy as if in 3 months prices will go sky high. or for those who are saying that owning a (big)house = better life ..(both are incorrect from a different angle ..so look for your own angle ..for eg you need space ..(u get space but maintenance is more).
if you have atleast a GC, good savings / or super pay, find a good deal (good location with less commute time) and you need the space ..then buy a house.
there is an excess of supply and v.low demand (compared to past) ..so if you can wait for some time to get a correct place then wait (and maybe keep looking / doing research etc) ..the worst thing you can do on a EAD (and in uncertain times) is rush and buy just because somebody told you to do that. the bottom line is ..this was a massive massive bubble ..something that has never occured on this scale ..and housing will be down for a long long time ..so it makes sense to wait for a GC atleast.



paragpujara08-07 12:18 PM1.Losing all your friends

Man comes home, finds his wife with his friend in bed.
He shoots his friend and kills him.
Wife says "If you behave like this, you will lose ALL your friends."

2. Brother wanted

A small boy wrote to Santa Claus,"send me a brother"....
Santa wrote back, "SEND ME YOUR MOTHER"....

3. Meaning of WIFE

Husband asks, "Do you know the meaning of WIFE? It means 'Without Information Fighting Everytime'!"
Wife replies, "No, it means 'With Idiot For Ever'!!!"

4. Importance of a period

Teacher: "Do you know the importance of a period?"
Kid: "Yeah, once my sister said she has missed one, my mom fainted, dad got a heart attack & our driver ran away."