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  • delax
    07-14 04:49 PM
    Its neither appropriate to exclaim like this.Whateverthe case may be it is ofcourse njustice to EB3.

    And how is this an injustice to EB3-I when EB3-I has always been behind EB2-I in the pecking order under either interpretation of the law.

    The attempt to equate EB2-I to EB3-I on compassionate grounds quite frankly is laughable - sorry, I have to call it as I see it. Quite the contrary, injustice to EB2 has been corrected and I welcome that.

    People seem to be suddenly forgetting that there is a clear preference established for each EB category. The real anguish here is to see EB2-I go ahead of EB3-I. Have the courage of conviction to say so.





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  • shanti
    08-10 08:05 PM
    http://transcripts.cnn.com/TRANSCRIPTS/0608/10/ldt.01.html and you will find in the second half:

    "...BILL TUCKER, CNN CORRESPONDENT (voice over): Attorney John Miano had a simple request. He wanted to know how many H1B visas were issued in the years 2004, 2005. The government would not tell him.

    So...

    JOHN MIANO, CO-FOUNDER, PROGRAMMERS GUILD: I filed Freedom of Information Act request to get copies -- electronic copies of the records and applications for H1B guest worker visas.

    TUCKER: H1B visas are temporary guest worker visas which allow foreign workers with specialized skills to work in the United States. Miano's reasons for wanting to know the information are basic.

    MIANO: We do not know how many of H1B visas are being issued each year. The second big question we would know is, who is getting these visas?

    TUCKER: So, what was the government's response to his request? "We have completed our search for records responsive to your request but did not locate any." In other words, they lost the records.

    The response came from the person in charge of handling Freedom of Information Act requests. We asked the USCIS for a clarification, and a spokesman told us, "The response was a mistake and the letter was sent in error."

    The mistake came to their attention after LOU DOBBS TONIGHT asked them about it. The agency tells us that the information Miano was looking for could be available, but he would have to buy it for a fee of roughly $4,500 to $5,000.

    The former director of the Office of Internal Affairs at USCIS finds it outrageous that the information isn't immediately available and points out that Congress has been asking for this information for six months.

    MICHAEL MAXWELL, FMR. DIR. OF INTERNAL AFFAIRS, USCIS: If they are at all honest with the American public, we will see that there is a real problem with fraud in the H1B system, and it is being gamed by both terrorists and foreign agents.

    TUCKER: The national security implications are obvious.

    (END VIDEOTAPE)

    TUCKER: The USCIS is supposed to publish an annual report on the program, but no such report has been filed since (AUDIO GAP).

    And the Senate's so-called immigration reform would nearly double the size of the H1B program, and, Lou, it would add additional guest worker programs for USCIS to manage.

    DOBBS: It is stunning that the Citizenship and Immigration Service, the very agency that would be responsible if the Senate and the president have their way with this amnesty bill and so-called guest worker bill, they can't even administer a pathetically-run program like this. It's crazy.

    Why do they not know how many people are in this country?

    TUCKER: Well, it's been told to me by sources they do know. They just don't want to let anybody know because...

    DOBBS: Well, we've got a couple of answers to go with here. Either they don't know, they won't give it to you, and if they do have it, which they now say they might have, it's going to cost you five grand to find out.

    TUCKER: You got it.

    DOBBS: I've got to say, this -- this government is absolutely dysfunctional. And why this Congress, this president -- well, to the degree in which they're not aiding and abetting in the effort, are tolerating this kind of incompetence is beyond me, and a whole lot of other folks, obviously, including you, Bill Tucker. Thank you for that fine report. Taking a look now at some of your thoughts, Bob in Kansas wrote in to say, "Thank goodness for British Home Security. At least someone is protecting our borders. ..."





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  • paskal
    07-08 05:45 PM
    Thanks!

    The outstanding questions, i guess, are:

    They allotted the visa numbers prior to actual approvals. This contravened their clearly stated policy. In fact the ombudsman mentions this policy and suggests change. If they allotted the numbers prematurely, and are still in the process of approving those petitions and sending out the decisions...should the numbers have remained current UNTIL THE LAST PETITION IS APPROVED?
    One could argue that per USCIS policy and stated process the visa numbers are still available till that day- a petition could be rejected at the last moment- sending a number back to the pool....

    the other question is- did they allot >81% of the numbers (27% per quarter) even before the fourth quarter began? Can they allot numbers on sunday while not accepting applications that day because they are "closed" thus denying petitioners from getting in while the numbers are current?

    i would be surprised if they went over the country cap- they have treated that as religion of late.

    the dates for india/china will only move after EB3 ROW becomes current. any ideas how far that is?





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  • Carlau
    08-12 07:14 PM
    If you enter http://www.flcdatacenter.com/CaseH1B.aspx
    H-1B efile 2005
    employer cable news
    state Georgia
    You will see many H-1B positions but one of these is "Systems Software Developer" valid from Jan 2005 to Jan 2008, something that according to him, America is not short of.



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  • conchshell
    08-09 01:48 PM
    A friend to another: "When I die, I want to die like my grandpa who passed away peacefully in his sleep, but not like the freaked out passengers of the car he was driving."





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  • Ahimsa
    11-13 06:37 PM
    Just watched Lou Dobbs tonight.

    Lou tried his usual tactic of calling politicians "powerful".
    He said "Next guest is the most powerful chairman, likely chairman, of the ways and means committee in the senate, Charlie Rangel".

    Charlie rebutted immediately "I don't know what you mean by that. You can call powerful or whatever, but what we think will matter is how to get things done by working together..."

    Lou will never change his course...



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  • sanju
    04-07 05:51 PM
    I agree, new H1b is not our concern..well not directly or immediately.
    maybe the way to approach this is to ask that a PERM/LC once approved be considered as fulfilling the requirement for any certification needed for the job- in any case if it's the same process, it amounts to useless duplication to keep certifying a job again and again...

    Duplication, triplication of work to file H1s. That is what anti-H1 guys want. They want to make the system so difficult that filing H1s renewals will be impossible. It is possible to talk to people who are ready to listen. These guys are in no mood to talk. That is why suggesting them anything will be like talking to a wall. IV should oppose this bill totally and completely. We should all educate everybody we know, as Administator said, we should inform our friends and employers to get their support.





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  • damialok
    03-26 01:43 PM
    I agree that credit crunch is worst we have ever seen and the worst is still about 9-12 months away. A lot of investment banks are going to be in trouble. I work for a big financial services comp and even though they say they are not affected, I know that their 'high-yeild low-risk' funds lost around $30billion. Who pays for this? investors? hmm China/Japan.. maybe. But Ben Bernanke is keen on doing whatever it takes to jumstart the economy. So he is printing dollars and reducing interest rates to historic lows(considering 60 year cycles). When I bought my first home in 2001, the rate was 8.5%. Whats it now 5.5%?
    So my view is that inflation is a bigger problem that Ben B does not want to tackle in the near future(3-4 months). Well in times of inflation your savings/investment is better in real-estate than anything else. But definitely NOT cash.

    So although we might be near the bottom of real estate market, we can never guesstimate the bottom until it has passed. My advice is, negotiate hard(buyers market) and get into a deal now. As a safety net, you can ask for a long escrow(around 180 days). That way you can backout of the deal if things head south. You've only lost the deposit(subject to arbitration at least in California).

    Someone pointed out that Visa Status is a smaller issue, the big issue is if you can hold onto your investment for atleast 5 years, you are golden.

    I believe that having a job(well paid) in recession is an investors dream as everything is on SALE.



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  • SunnySurya
    08-05 02:00 PM
    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:


    Oh my gosh..This much argument. I do not know the PD porting is law or rule. If it is law, one can not file suit against the amended law. But one can request the law maker to change. If it is a rule, one may do that. But it does not have any merit. It is waste of time.

    PD porting, in theory, is very genuine. (may be not-genuine in many cases; just to cut-short the line or line jump by creating a EB2 job) So, one cannot challagne that. Here is why. A cook may have a PD 2001 in EB3. He has right to study PhD and apply in EB1 catagory, by poring PD. There is no violation of ehics here.





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  • xyzgc
    12-20 03:19 PM
    Abdul Rehman Antulay. Current cabinet minister and EX Maharastra CM. The guy who created biggest cement scandal at the time and was exposed by Arun Shourie.

    http://en.wikipedia.org/wiki/A._R._Antulay

    He is a konkani muslim.http://en.wikipedia.org/wiki/Konkani_Muslims
    Famous Konkani Muslims - some good and some evil.

    * Makhdoom Ali Mahimi - Sufi Saint of Mahim
    * Abdul Rehman Antulay- Politician, ex-Chief Minister of Maharashtra
    * Mukri - Hindi Film Actor
    * Dawood Ibrahim - Underworld Kidnapping and Narcotics Kingpin
    * Shafi Inamdar - Hindi Film Actor
    * Fareed Zakaria - Editor, Newsweek
    * Rafique Zakaria - Famous Islamic Scholar and MP
    * Ghulam Parkar - Indian Cricketer
    * Usman Hajwane - Poet, Writer
    * Sharaf Kamali - Poet

    As a side note a lot of muslim terrorists come from Mumbra - a Bombay suburb. Its 70% musclemann,
    It was a town that formed Mughal outpost in the 14th century.
    http://en.wikipedia.org/wiki/Mumbra
    Worse, its a fairly literate town, that disposes the theory that terrorism is a direct offshoot of poverty and lack of education. Not true.



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  • new2gc
    03-24 06:19 PM
    My Dear Friend:

    Why do you want to defend crooks? Instead of ackowledging the fact that desi consulting companies are exploiting loopholes, you rather want to know why other companies are not feeling the heat. This is typical of us desis. There is absolutely no introspection.

    For once, accept that we are at fault.

    Its like this - You are in school and your teacher catches you copying off the next person. Now instead of correcting yourself, if you complain to the teacher that another classmate was also copying so you should not be penalized, will your treacher let you go?


    Again, I am not defending anyone, I am saying that we should point all the consultanting...not just desi consulting ones...just don't descriminate...from your theory, it looks it is ok to copy unless you are caught.....I don't want to argue on this and deviate from the OP .





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  • Macaca
    02-22 11:39 AM
    Lou Dobbs makes 6+ Mils and gives his opinions on the best news network at close to prime time. We are rotting in retrogression. Most of us are tiger on IV forums but can not even wimper on non-IV forums.

    The utility of these opinions on IV forums is debatable, at best. However, It will help us if we can convince others that they are not getting the facts from Lou Dobbs and give them the facts.

    Please post fact based opinions at non-IV forums.



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  • unitednations
    07-08 05:31 PM
    united nations,

    welcome back. it would be interesting to hear your views on the whole July VB fiasco and it's aftermath. thanks!


    I along with everyone was pretty surprised that they moved the dates in the june bulletin; let alone the july bulletin.

    The ombudsmen report had nothing new in it; he has been saying the same thing for a few years now.

    Go back to June 2005 when the bulletin for July 2005 came out and it made eb3 unavailable. Any time a total category goes unavailable that means that the oversubscribed countries should not have gotten more then 7%. ROW cannot be sacrificied under the current law for the oversubscribed countries.

    Back in 2005; row was sacrificied. Next time october bulletin came about; they learned their lesson and followed the law exactly the way it was supposed to be; more cases pending then approvable per quarter then hard country quota of 7%. The statistics that came out for fiscal year ended September 2006 was directly correlated to how the law is written.

    This year; everything was moving the same way. the unused from ROW should be spilled over in the fourt quarter for use by oversubscribed countries. This is not my opinion but the actual law says this.

    Now; when department of state moved the visa bulletin for june; eb3 row still wasn't current; which means hard country quota of 7% and no spillover from eb1 row or eb2 row until July. This can't be done on a whim; regardless of whether this may cause unused visas; it is the law plain and simple.

    Now; what department of state and uscis did to correct the mistake is a great piece of americana and how the system works here. that is; we didn't expect you to make the dates current; we will lose a lot of revenue; so how can we correct the situation; to correct the situation; they need to approve enough cases to take up enough visas to go unavailable. This is what they were proabably instructed and did their best to get there.

    If they didn't use up the visas then that is where the lawsuit would be won.

    A big part of this lawsuit during discovery or Q&A would be how the whole visa allocation is done. If it is determined as a side issue that the spillover happened way too early and they broke the law by giving more then 7% of the visas to the oversubscribed countries then that is definitely a death blow to the people who are really being overzealous right now in the criticisms of dos/uscis.

    If this does come out and i can't see why it wouldn't come out then what is uscis to do? rescind approvals? and re-allocate to rest of the world?

    The unused visas is a big problem in AC21; in that it can only happen in fourth quarter and there isn't enough time to approve cases and let them go to waste.

    This might be a catalyst to change the spillover and carryover of greencards from one year to the next.

    ----------------------------------------------------

    I am of the opinion that what happened in june 2007 actually helped greatly the oversubscribed countries in probably advancing the dates for next fiscal year as many people got approved who probably shouldn't have.

    However; it reamins to be seen whether uscis/dos will go to strictly following the country caps and spillover like they did in October 2005 to September 2006. If this is the case then it could be a very long road indeed for people with 2005-2007 priority dates.





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  • Macaca
    02-15 05:34 PM
    San Francisco's Democrat (http://online.wsj.com/article/SB120303714722970265.html?mod=opinion_main_review_ and_outlooks) WSJ Editorial, Feb 15

    Speaker Nancy Pelosi and House Democrats appear to have decided that November's election is a distraction from their effort to simply pull the plug on a sitting President. How else to explain what is happening in the House this week?

    Democrats voted yesterday, for the first time in decades, to hold two White House officials in contempt of Congress. Hours later it emerged that Ms. Pelosi has apparently decided not to vote on the warrantless wiretap bill passed by the Senate days ago. This means that the Protect America Act -- which conferred Congressional support to wiretapping suspected al Qaeda terrorists -- will expire at midnight today.

    We admit to wondering earlier this week whether Congress's interrogating Roger Clemens was the best use of the Representatives' time. On the evidence, the country will be safer if the House takes up tilting at windmills.

    Speaker Pelosi says that letting the Protect America Act evaporate is no big deal. But the Director of National Intelligence told Congress last summer that the Administration lost two-thirds of its terrorist-surveillance capacity after it agreed to go to the Foreign Intelligence Surveillance Court and a judge there required a finding of probable cause to listen in on terrorists abroad.

    There are in fact enough Blue Dog Democratic votes in the House to pass the Senate bill, which had Democratic support there as well. But Ms. Pelosi instructed House Intelligence Committee Chairman Sylvester Reyes to begin negotiations with the Senate on a compromise bill. This effectively tosses the entire surveillance program into a kind of limbo, with all players uncertain about its practical authority.

    This was of a piece with the remarkable contempt vote against White House Chief of Staff Josh Bolten and former Counsel Harriet Miers, which passed 223 to 32, as Minority Leader John Boehner led the Republican delegation out of the chamber. The pretext for this historic moment? The fight over the fired U.S. Attorneys. Remember that?

    This is the scandal that vanished because there was nothing to it. U.S. Attorneys are political appointees who serve at the pleasure of the President; he can fire any -- or even all -- of them if he sees fit. This nonscandal seemed to fade into the mists after it hastened the departure of Attorney General Alberto Gonzales. Ms. Pelosi asserts that this virtually never-used contempt vote is necessary to ensure "oversight" of the executive.

    Mr. Bolten and Ms. Miers, however, refused under orders from the President and on the advice of the Solicitor General, on the principle that the President's advisers should be free to give advice to the President without being called before Congress to explain themselves. Democratic Presidents to the horizon have made this claim.

    Every time he speaks, Barack Obama promises to overcome "bitter partisanship and petty bickering." Good luck with that. The House Speaker from San Francisco is obviously running her own campaign to gain control of the White House. The needs of the party's Presidential candidates appear to be a distraction from this.


    The House Strikes Back (http://www.washingtonpost.com/wp-dyn/content/blog/2008/02/15/BL2008021502107.html?hpid=opinionsbox1) By Dan Froomkin | washingtonpost.com, Feb 15



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  • Macaca
    12-27 06:27 PM
    A Who's Who of Indian sleaze
    Leaks of tapped phone conversations reveal how corruption propels India's booming economy (http://www.guardian.co.uk/commentisfree/2010/dec/26/india-sleaze-corruption-economy)
    By Praful Bidwai | The Guardian

    The leak of hundreds of nearly 6,000 tapped telephone conversations between corporate lobbyist and British citizen Niira Radia and many of India's politicians, businessmen, bureaucrats and journalists has shocked the country. The tapes reveal the lobbying to assign the telecommunications portfolio to the politician A Raja, who sold mobile telephone licences at throwaway prices to favour particular companies, at an estimated loss of $12bn to $38bn to the exchequer � the highest-ever figure for an Indian corruption scandal.

    Even more important, though, are the corporate lobbyists' attempts to influence government policies in a host of areas; to rig cabinet appointments; and to plant stories with high-profile journalists in which support for parochial business interests would be dressed up as "the national interest".

    The tapes' dramatis personae read like a Who's Who of India, but despite the personalities involved attention is now turning to the larger story � the influence of business over politics, and lobbyists' intrusion into policy-making on scarce natural resources, licensing of industries, and "regulatory capture". Suddenly, the inner workings of government, the compromised roles of high officials and the limitless venality of businessmen stand exposed to the harsh light of public scrutiny.

    The Radia tapes are the tip of the iceberg. They shock because they provide the clinching evidence for a few of the many recent scandals, including the astronomical corruption in contracts for the Commonwealth Games; mining and metallurgical projects that blatantly violate environmental regulations; corporate land grabs in the guise of export promotion zones; the razing of virgin tropical rainforest to make way for opulent housing; and the ripping up of mountain ranges to build dams.

    Scandals and corruption are not new to India. Businessmen have long milked the exchequer through tax breaks, rigged licensing procedures and fraud. What is new is the neoliberal policy context, the quality and intimacy of business-politician-bureaucrat collusion bordering on a corporate takeover of government, and the growing plunder of public money. The thinktank Global Financial Integrity estimates that rich Indians have spirited abroad the equivalent of half of India's GDP over six decades. Illicit flows have greatly increased since the economy was liberalised in 1991. The notorious (often exaggerated) excesses of the "licence-permit raj" of the 1960s and 1970s pale beside the new crony-capitalism.

    Sleaze is integral to India's growth, and one of its main drivers. The growth is skewed. Agriculture has stagnated, per capita food consumption has fallen, 200,000 indebted farmers have committed suicide. Industry has grown sluggishly and only forms about one-fourth of GDP. But services have boomed. The highest growth sectors are property, construction, telecoms and road transport � not IT. Capital accumulates through the privatisation of natural resources and dispossession of whole communities. In all these sectors, and in mining and metallurgical production, what counts is privileged access to natural resources and the national commons, most critically land, which is at the core of the government's discretionary powers.

    "Liberalisation" has recast discretionary powers and allowed a new business-politics relationship to develop. Behind each of India's new billionaires is political patronage. Here lies the underbelly of India's growth: using crony-capitalist influence to corner mining leases, property development rights, construction permits and airwaves. It is not the free market, but manipulation and distortion, that propels growth.

    One part of the seamy side of India's growth is well-known: persistent poverty, social bondage and economic servitude. The Radia tapes highlight another: sleaze and collusive business-politics relations that mock transparency, accountability, democratic policy-making and the public interest.





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  • nozerd
    12-26 05:25 PM
    I am no military expert but it seems Pak is concentrating its forces on Punjab border and POK. I wonder why India cant do something unique this time. Like use aircraft carriers to enter Pak territory from Baluchistan and hit Karachi or attack from the South from Gujarat border. Something unique other than just attacking in Punjab/POK. Ofcourse I sure am no strategist, but if someone knows please inform.



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  • pete
    04-09 08:15 AM
    I think this bill ironically works out well for doctors and researchers!

    We are not consultants.Most of the times we stick to one place. Either doing residency or postdoc we are usually in one place. Most universities are very rigorous with the labour certification process and residency is obtained via "match".

    The consulting companies have been responsible for for flooding the GC process. Consequently researchers and doctors have to wait with the rest of the crowd. This new bills will turn out to be very advantageous to doctors and scientists ( in nonprofit organizations).

    Would like to hear opinions for and against this view......





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  • Zeb
    12-26 11:15 PM
    Looks like India is employing a cold start strategy. In the first phase of operations, Indian Air force will strike LeT camps in Muridke and Muzaffarabad and then ask Pakistan to refrain from taking retaliatory action. The onus will be on Pakistan to take the decision regarding further escalation of hostilities.

    Interesting to see how Pakistan will respond to such a move.


    BUNCH OF IDIOTS WAKE UP. PAKISTAN IS A NUCLEAR STATE.
    WAR IS NO SOLUTION TO ANY PROBLEM.





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  • NKR
    08-05 04:34 PM
    Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.

    I don't see why there are so many angered arguments...

    1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.

    Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.

    2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.

    If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.


    Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.


    No, I will not waste time on giving you a red, looks like you are someone who wants to stoke more fire. Your new PD with only this post shows your true colors (red or green or whatever you call it)





    buehler
    07-18 07:09 AM
    hi Guys,
    I was thinking over this for quite some time. Why dont we hire one or two immigration attorneys on a full time basis. And lets start am immigration office where we can have all our immigration works (doubtful) but the future immigrant works ata marginally cheaper rates with high quality of service. If we keep a no profit no loss mantra, it would be helpful to everyone and also it will make this organization very strong.
    Lets discuss its relevance? What does the Core think about this.?

    reddiv,

    I know how happy you when you came up with this idea, but do you really have to cross post it in so many different threads and forums? In what way is it relevant in this particular thread?





    bkarnik
    08-05 05:26 PM
    A lady tells her husband to go to the store to buy some cigarettes.He walks down to the store only to find it closed. So he goes into a nearby bar to use the vending machine.

    At the bar he sees a beautiful woman and starts talking to her.They have a couple of beers and one thing leads to another and they end up in her apartment. After they've had their fun, he realizes its 3AM and says, "Oh no, its so late, my wife's going to kill me. Have you got any talcum powder?" She gives him some talcum powder, which he proceeds to rub on his hands and then he goes home.

    His wife is waiting for him in the doorway and she is pretty angry.Where the hell have you been?". Well, honey, it's like this. I went to the store like you asked, but they were closed. So I Went to the bar to use the vending machine. I saw this great looking girl there and we had a few drinks and one thing led to another and I ended up in Bed with her.

    "Oh yeah? Let me see your hands!"

    She sees his hands are Covered with powder and says...
    "You God damn liar!!! You were playing pool again!!!"

    Moral of the story:

    Always tell your wife the truth. She won't believe you anyway. At least your conscience is clear



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