n2b
04-17 01:41 PM
I am currently on EAD and used AC 21. Just in case if I suspect that there might be some issue during final I 485 approval, can I have my company apply for my H1 transfer before I 485 is approved?
If I do so, what will be the status of the I 485 application after H1B transfer?
This is a bit confusing question to answer but if I apply for my H1B transfer now, what will be its validity date?
All help appreciated. Thanks all in advance.
If I do so, what will be the status of the I 485 application after H1B transfer?
This is a bit confusing question to answer but if I apply for my H1B transfer now, what will be its validity date?
All help appreciated. Thanks all in advance.
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bang
02-10 04:50 PM
Hi All:
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
There is technically no link between the extended H1 and the Labor / I140 approval, if you have any labor application pending for more than 1 year OR a Approved 140 at the time of next renewal you are fine. Here is why i say that, one of my co worker had a labor application filed in 2001 and he completed his 6 years in 2004 (mid year), he got his H1 extended (7th year) based on the pending application. Since the labor application was taking for ever (it was complicated, it was filed in RIR and later USCIS changed it to regular and stuff like that) our company filed a new one in 2004 Jan from a different location. Some time in late 2005 his original Labor application got denied and his H1 was up for another renewal (8th year) in 2005 technically it sounded like a big problem but the company lawyers used the second labor application which was filed in 2004 (while he was in his 6th year, after completing 5 years) which was pending for more than 1 year by mid 2005 and he got extensions, infact he has got another (9th year ) and is currently up for the 10th year extension ..... no Issues.
Please consult with a good Lawyer and confirm the same
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
There is technically no link between the extended H1 and the Labor / I140 approval, if you have any labor application pending for more than 1 year OR a Approved 140 at the time of next renewal you are fine. Here is why i say that, one of my co worker had a labor application filed in 2001 and he completed his 6 years in 2004 (mid year), he got his H1 extended (7th year) based on the pending application. Since the labor application was taking for ever (it was complicated, it was filed in RIR and later USCIS changed it to regular and stuff like that) our company filed a new one in 2004 Jan from a different location. Some time in late 2005 his original Labor application got denied and his H1 was up for another renewal (8th year) in 2005 technically it sounded like a big problem but the company lawyers used the second labor application which was filed in 2004 (while he was in his 6th year, after completing 5 years) which was pending for more than 1 year by mid 2005 and he got extensions, infact he has got another (9th year ) and is currently up for the 10th year extension ..... no Issues.
Please consult with a good Lawyer and confirm the same
dealsnet
07-28 11:09 PM
I have got LUD on my AP (approved last year) on 7/27/08 (sunday).
My GC approved on 7/7/08.
I don't know any significance about this LUD'S
My GC approved on 7/7/08.
I don't know any significance about this LUD'S
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beibei2929
05-15 03:18 PM
Thank you! Priderock!
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inthehole
08-24 01:22 PM
Since my current EAD is expiring Sep 10th, I'm planning to go to the local USCIS office for an interim EAD in first week of Sep.
What is the procedure, do i need to take infopass or any other apoointment or just walk in with papers ?
It's not yet been 90 days since i filed, but i still want to give it a shot. I plan to take a letter from my employer saying without interim EAD (without me being able to work) company would face a setback in a critical phase of project.
I also plan to use such a letter in support of an expedite request.
Gurus please advice:
- How soon should I fax expedite request?
- How soon/late should i go to local USCIS office for interim EAD?
- Could one interfere the other?
Thanks!
As for as I know USCIS local office has stopped issuing interim EAD some where from 2006.
The only option we have is to request for expedite process which we can do by calling the USCIS customer service number. This you can get it in the USCIS website.
I think we can get the infopass only if 90 days has passed or if your EAD is going to expire soon and you need immediate attention.
What is the procedure, do i need to take infopass or any other apoointment or just walk in with papers ?
It's not yet been 90 days since i filed, but i still want to give it a shot. I plan to take a letter from my employer saying without interim EAD (without me being able to work) company would face a setback in a critical phase of project.
I also plan to use such a letter in support of an expedite request.
Gurus please advice:
- How soon should I fax expedite request?
- How soon/late should i go to local USCIS office for interim EAD?
- Could one interfere the other?
Thanks!
As for as I know USCIS local office has stopped issuing interim EAD some where from 2006.
The only option we have is to request for expedite process which we can do by calling the USCIS customer service number. This you can get it in the USCIS website.
I think we can get the infopass only if 90 days has passed or if your EAD is going to expire soon and you need immediate attention.
ndbhatt
06-06 02:40 PM
This report has been removed from that site.. :)
http://www.tradingmarkets.com/.site/news/Stock%20News/2359471/
http://www.tradingmarkets.com/.site/news/Stock%20News/2359471/
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krishjack
03-25 12:56 PM
Well How do you know that all the members who are registered with IV is aware of this Webfax? Did you guys notify them in anyway? Do you expect/mandate all the IV members should be checking the website/forums all the time? No Hard feeling.... Just my 2 cents
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jungalee43
02-17 08:36 PM
Sent you a PM
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yabadaba
07-05 03:31 PM
"Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year. "We are very sympathetic to the fact that people really had expectations … Folks spent a lot of time and effort, but it turned out they couldn't file, after all," he said."
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gcfrdsrvd
03-29 05:19 AM
I have a thought, right now the housing industry is slowing down, The new home sales have dropped signinficantly last month.
We all know that Indians and Chinese are very good savers and have significant amount of their salary saved. Normally Indians and Chinese do not commit to buy a home when their GC is in process. They wait for a GC to be approved and buy a house only after they get their GC.
SO CAN WE TAP INTO THE LOBBYISTS FROM THE HOUSING INDUSTRY??
My thesis is one of the MAIN reasons in the new homes slow down is that people are waiting either at labor stage in BEC or in stage 3 for priority date for GC to be approved to buy houses.
We are talking about well educated well paid immigrants who have a very good discipline of saving and will definitely become home owners if GC is approved faster.
SO CAN WE CONVINCE THE HOUSING INDUSTRY LOBBYISTS TO FUND OUR LOBBYING OR USE THEIR RESOURCES FOR OUR JUST CAUSES??
Just a thought......
We all know that Indians and Chinese are very good savers and have significant amount of their salary saved. Normally Indians and Chinese do not commit to buy a home when their GC is in process. They wait for a GC to be approved and buy a house only after they get their GC.
SO CAN WE TAP INTO THE LOBBYISTS FROM THE HOUSING INDUSTRY??
My thesis is one of the MAIN reasons in the new homes slow down is that people are waiting either at labor stage in BEC or in stage 3 for priority date for GC to be approved to buy houses.
We are talking about well educated well paid immigrants who have a very good discipline of saving and will definitely become home owners if GC is approved faster.
SO CAN WE CONVINCE THE HOUSING INDUSTRY LOBBYISTS TO FUND OUR LOBBYING OR USE THEIR RESOURCES FOR OUR JUST CAUSES??
Just a thought......
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gc_check
04-28 03:58 PM
I would like to post a positive answer, but the fact is "it does not" . Unless the "DO Noting" Congress Does something - no relief soon. If you are young and in EB3 (with '08) PD, Use this time to earn a higher degree if possible and at some point in future, it might help you apply under the E2 or E1 category.
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pleaseadviseme
09-22 02:28 AM
Hi, guys, i am new here, I hope you guys can help me with my urgent questions.
I am on my OPT which i do have a F-1 visa. my employer said he will file my H1b petition on Jan. 1st. and thank god this is from a non profit organization(hospital and filing from university hospital level), so i guess i do have the non-cap advantage...
my fiancee has F-1 visa too, but we are getting married next month so excited. should i ask my employer to apply for us the same time? is it possible to apply for H1b for me, and my wife f1 to h4 change of status the same time without i get approved on h1b? she is going to meaningless school to maintain her status, but if she can be on h4 (not including f2), she can save alot of money and alot lesser pressure.
i don't know how is this work, and how much is the f-1 to h-4 status change costs. also, if i get denied, she will be denied too, but if she gets denied, will i get denied?
in other word, is filing both visa same time affect the chance of getting approved? i have heard some people saying that it's alot better to file one at a time rather than both at the same time.
u guys know the odds of getting approved on h1b from non profit organization these days? my hospital is a non profit research hospital with 1500+ employees.
thanks alot guys and girls. i wish you the best with your visas!!!!
I am on my OPT which i do have a F-1 visa. my employer said he will file my H1b petition on Jan. 1st. and thank god this is from a non profit organization(hospital and filing from university hospital level), so i guess i do have the non-cap advantage...
my fiancee has F-1 visa too, but we are getting married next month so excited. should i ask my employer to apply for us the same time? is it possible to apply for H1b for me, and my wife f1 to h4 change of status the same time without i get approved on h1b? she is going to meaningless school to maintain her status, but if she can be on h4 (not including f2), she can save alot of money and alot lesser pressure.
i don't know how is this work, and how much is the f-1 to h-4 status change costs. also, if i get denied, she will be denied too, but if she gets denied, will i get denied?
in other word, is filing both visa same time affect the chance of getting approved? i have heard some people saying that it's alot better to file one at a time rather than both at the same time.
u guys know the odds of getting approved on h1b from non profit organization these days? my hospital is a non profit research hospital with 1500+ employees.
thanks alot guys and girls. i wish you the best with your visas!!!!
more...
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nshalady
06-15 12:20 AM
Once you apply for I-485, you are in "adjustment of status" - an intermediate status. No H4 is required. However, you can work only if you have a work visa or EAD. In case of a student, if you have OPT, you are ok to work.
Hi,
After filing I-485/EAD/AP in July, if wife's current student status expires (in Oct) before the EAD card arrives, then what will be her status?
Will we need to file for H4?
Thanks,
Ams
Hi,
After filing I-485/EAD/AP in July, if wife's current student status expires (in Oct) before the EAD card arrives, then what will be her status?
Will we need to file for H4?
Thanks,
Ams
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milind70
07-26 12:44 PM
Documents required for EAD/I-765 per person:
Completed Form I-765 (EAD):
http://www.uscis.gov/files/form/I-765.pdf
2 photos(full frontal)
USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your (A# or SSN#) and I-765 mentioned in the comments section of the check
Copy of recent I-94 card (both sides)
Copy of visa page of passport in color
Copy of driver's license
Copy of I-485 receipt notice (if applicable)
Copy of I-140 approval notice
Copy of Marriage certificate (if applying for spouse)
I also included the latest H1B Approval Notice and Birth Certificate as per the checklist by my lawyer. His fees was high so I filed couple of weeks back and got the Receipt Number from the back of my check.
Since this is not concurrent filing, i think the fees will increase on July 30th.
I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.
Completed Form I-765 (EAD):
http://www.uscis.gov/files/form/I-765.pdf
2 photos(full frontal)
USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your (A# or SSN#) and I-765 mentioned in the comments section of the check
Copy of recent I-94 card (both sides)
Copy of visa page of passport in color
Copy of driver's license
Copy of I-485 receipt notice (if applicable)
Copy of I-140 approval notice
Copy of Marriage certificate (if applying for spouse)
I also included the latest H1B Approval Notice and Birth Certificate as per the checklist by my lawyer. His fees was high so I filed couple of weeks back and got the Receipt Number from the back of my check.
Since this is not concurrent filing, i think the fees will increase on July 30th.
I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.
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Achi Goro
11-17 03:25 PM
Your priority date is the date your labor certification application was filed or the date you filed I-140 if your category does not require a labor certification.
So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.
To find if your PD is current check the Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.
***DISCLAIMER****
(I am not an attorney, please consult an immigration attorney or use advice at your own risk).
Thank you for information
What if I fall on category EB-3 and not from India and China. Can my employer still file it ? This is because the minimum requirement for this job is a Bachelors Degree even though I do have a masters degree.
So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.
To find if your PD is current check the Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.
***DISCLAIMER****
(I am not an attorney, please consult an immigration attorney or use advice at your own risk).
Thank you for information
What if I fall on category EB-3 and not from India and China. Can my employer still file it ? This is because the minimum requirement for this job is a Bachelors Degree even though I do have a masters degree.
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st4rguitar
04-06 02:02 PM
Hi All,
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
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gcdeal
07-11 05:55 PM
That ugly women need some veneers for the gaping hole on her front teeth, not flowers. :D
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thatwillbeit
06-06 03:38 PM
Thanks for your reply wandmaker
akhilmahajan : Here is checklist of documents that I guess should be sent with AP I-131 form
I-131 Application Supporting documents
Copy of I-485 receipt Notice
Copy of I-140 Receipt/Approval Notice
Copy of Prior Advanced Parole Document (AP)
Copy of Biographic Page of Passport
Copy of Drivers' License
2 Passport size Photos
Check for $305 in favor of DHS
akhilmahajan : Here is checklist of documents that I guess should be sent with AP I-131 form
I-131 Application Supporting documents
Copy of I-485 receipt Notice
Copy of I-140 Receipt/Approval Notice
Copy of Prior Advanced Parole Document (AP)
Copy of Biographic Page of Passport
Copy of Drivers' License
2 Passport size Photos
Check for $305 in favor of DHS
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cdeneo
09-21 06:24 PM
The text provided on the link below has the following section:
================
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
==========================================
Does this mean if I-140 is approved and I-485 petition has been pending less than 180 days, one can still change jobs using AC21?
Can someone please clarify? Thanks!
Look at this document. This should answer lot of questions regarding AC21
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks
Karthik
================
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
==========================================
Does this mean if I-140 is approved and I-485 petition has been pending less than 180 days, one can still change jobs using AC21?
Can someone please clarify? Thanks!
Look at this document. This should answer lot of questions regarding AC21
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks
Karthik
insbaby
12-12 05:18 PM
Guys, I guess almost everybody is done with their finger printing by now. I am wondering what is the status of everybody's I-485 application on the case-status-online website after finger printing? Mine is showing some weird status, so I thought I better check with others.
USCIS will send an IO to your home within 48 hours. He will take pictures with your family, have lunch or dinner and issue the Green Card to every member of the family.
USCIS will send an IO to your home within 48 hours. He will take pictures with your family, have lunch or dinner and issue the Green Card to every member of the family.
Anders �stberg
May 31st, 2004, 03:47 PM
Fun series.
However, I can't help but feel slightly envious. The ducks approach me too, but as soon as I whip my camera out they dart away (only to return as soon as the camera is safely tucked back into the bag again).
OTOH, I don't bring duck-food with me... :)
On a more serious note: Aren't you afraid of making them a tad too tame? Won't they become easy prey once the wabbit season is over and duck season starts? (Crispy duck tastes extremely good, but I try to avoid eating duck if I can help it -- they're just too cute! :D)
Duck food / bribes is a must, otherwise they ignore me totally. I gave them bran flakes today as this was all I had at home, hope that's acceptable for duck digestion. :)
These ducks are too tame already, people feed them all day long at this small lake. This particular one was a bit too unafraid though, quacking at me and biting my jacket if I didn't give her more food. Some person is bound to abuse that trust some day and do something nasty I'm afraid.
However, I can't help but feel slightly envious. The ducks approach me too, but as soon as I whip my camera out they dart away (only to return as soon as the camera is safely tucked back into the bag again).
OTOH, I don't bring duck-food with me... :)
On a more serious note: Aren't you afraid of making them a tad too tame? Won't they become easy prey once the wabbit season is over and duck season starts? (Crispy duck tastes extremely good, but I try to avoid eating duck if I can help it -- they're just too cute! :D)
Duck food / bribes is a must, otherwise they ignore me totally. I gave them bran flakes today as this was all I had at home, hope that's acceptable for duck digestion. :)
These ducks are too tame already, people feed them all day long at this small lake. This particular one was a bit too unafraid though, quacking at me and biting my jacket if I didn't give her more food. Some person is bound to abuse that trust some day and do something nasty I'm afraid.
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