kinvin
02-12 11:48 AM
Fellow Sufferers,;)
For NON-RIR applicants, is the backlog center requiring the old advertisement process after the 45 day letter.
We had received the 45 day letter six months ago and there has been no communication from them since that time. (Seperate application PD May-03)
(Fellow travellers am I seeing an Oasis or is it a mirage.)
Thanks.
For NON-RIR applicants, is the backlog center requiring the old advertisement process after the 45 day letter.
We had received the 45 day letter six months ago and there has been no communication from them since that time. (Seperate application PD May-03)
(Fellow travellers am I seeing an Oasis or is it a mirage.)
Thanks.
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9years
09-13 01:01 PM
Hi All,
Ads and other process took around 8 months(approximately). Just I was talking about the day labor filed with DOL to approval email to HR department. Just I am sharing this information thinking that it might help for someone in thinking in that direction. Eb3 & Eb2 both labors are from the same company. I have US masters degree ( if any wants to know about that).
Your questions are welcome and as much as I know I will share.
Thank you and best of luck to all.
Ads and other process took around 8 months(approximately). Just I was talking about the day labor filed with DOL to approval email to HR department. Just I am sharing this information thinking that it might help for someone in thinking in that direction. Eb3 & Eb2 both labors are from the same company. I have US masters degree ( if any wants to know about that).
Your questions are welcome and as much as I know I will share.
Thank you and best of luck to all.
suriajay12
03-07 07:24 AM
http://www.shusterman.com/
news ticker mentions Eb3 ROW and Eb3 phillipines will Retrogress by 1 year to 2004. (He mentions a phone call from Hillary, not too sure whether to believe it)
Could this be futher indication that the spill over from Eb1 and Eb4 and Eb5 will go to Eb2 India and China?
only Monday will tell... This is one nerve wracking weekend.
immigration-law.com also says the same thngs:
"03/07/2009: Wild-Fire Rumor of EB-3 One Year Retrogression for Worldwide Category in April 2009 Visa Bulletin
* The April 2009 Visa Bulletin is likely released shortly. However, there is a wild fire burning towns all over from the rumor that EB-3 visa numbers will be moved backward for one full year for Rest of World category in the April 2009 Visa Bulletin. The sources of the information appear to be credible, but we will have to wait and see. "
news ticker mentions Eb3 ROW and Eb3 phillipines will Retrogress by 1 year to 2004. (He mentions a phone call from Hillary, not too sure whether to believe it)
Could this be futher indication that the spill over from Eb1 and Eb4 and Eb5 will go to Eb2 India and China?
only Monday will tell... This is one nerve wracking weekend.
immigration-law.com also says the same thngs:
"03/07/2009: Wild-Fire Rumor of EB-3 One Year Retrogression for Worldwide Category in April 2009 Visa Bulletin
* The April 2009 Visa Bulletin is likely released shortly. However, there is a wild fire burning towns all over from the rumor that EB-3 visa numbers will be moved backward for one full year for Rest of World category in the April 2009 Visa Bulletin. The sources of the information appear to be credible, but we will have to wait and see. "
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psaxena
06-11 04:30 PM
I donate the way that the left hand doesn't even come to know what right hand donated..
So for you to know that.. naah not happening...
........And you have not contributed a dime yet to IV?
So for you to know that.. naah not happening...
........And you have not contributed a dime yet to IV?
more...
ags123
03-09 01:19 PM
Ok I guess I give up pretty disappointing after all the analysis.:(:(:(:(
gene77
03-22 09:28 PM
@AllVNeedGCPC : Did you get any updates on I-485
@gene77 : When was your I-140 approved and what is your priority date.
Thanks!
I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?
@piliriver: 140 approved last month, PD Oct-2004
@gene77 : When was your I-140 approved and what is your priority date.
Thanks!
I wonder what is needed now? Has anyone experienced RFE at this juncture? What should I be expecting ?
@piliriver: 140 approved last month, PD Oct-2004
more...
RNGC
06-24 09:44 AM
these were the kind of points I was looking for.....I will do this as my summer essay :) and share with IV when it is done.
America is definitely losing out because of prolonged Green card processing. I know of many well educated PostGraduates, Physicians who were not able to pursue their careers in Research, fellowships because they have to be stuck in one fixed position without any progress to obtain the green card. they are being denied of the opportunity to find new cures, innovations that could potentially help the humanity. true US is getting the taxes from the main H1 applicant, but what about the well educated spouses and dependants. don't they have a role in contributing to the development of the country, they are made to pay higher tuition fees and they cannot work on dependent status. Only the lucky few who were able to fille for I-485 in 2007 got their EADs, but what about the long waiting for 485 filing and EAD since 2000 and before? Even today you if you are EB3 or EB2, you cannot apply for 485 and so your family cannot get EAD and so cannot work.
Many software professional and other highly educated workers can contribute much more to the Economy like how they did in 1990s by becoming enterpreneurs, but they will not be able to do anything while on "temporary visas" as they are much more concerned about maintaining their status, extending their status every few years. many people are even hesitant to buy a house, agree a few of us have bought houses and other properties, but vast majority of us are still very hesitant to do it as we can never feel fully secure of our job. If you have the Greencard you will atleast be confident that you can find a job in the area where you buy the house.
If you look at the procedures for Drivers licenses, even though the legal workers go through rigorous security checks while obtaining visas and changing/extending status with USCIS and almost all of them are verywell educated and very responsible, you have to go through a big hassle to obtain the Drivers licences and some people are being made to wait for months even after providing all the required documentation. In some states, dependents are not given Drivers Licenses and in other states, you legal workers/students get a "special drivers license" with which there is much scope for being discriminated just on the basis of this license, and if you move to a different state, this special license is not recognized and you have to apply for a fresh license, take written test, driving test and go through all the hassles again even though you have been driving in US legally for more than 10 years.
these hard working young professionals are losing the most important phase of their lives waiting for the elusive greencard and by the time the get it they are much older and don't have the same zeal for new ideas like how they did before and end up taking care of other responsibilities including family. I can go on and on like this. after we have been through all these testing circumstances, please do not say that America has not lost anything, but the biggest losers of all are the legal immigrants.
this is a process where there are no winners, but only losers. this lengthy backlogged process is resulting in a great loss to the advancement of US and would be legal immigrants
America is definitely losing out because of prolonged Green card processing. I know of many well educated PostGraduates, Physicians who were not able to pursue their careers in Research, fellowships because they have to be stuck in one fixed position without any progress to obtain the green card. they are being denied of the opportunity to find new cures, innovations that could potentially help the humanity. true US is getting the taxes from the main H1 applicant, but what about the well educated spouses and dependants. don't they have a role in contributing to the development of the country, they are made to pay higher tuition fees and they cannot work on dependent status. Only the lucky few who were able to fille for I-485 in 2007 got their EADs, but what about the long waiting for 485 filing and EAD since 2000 and before? Even today you if you are EB3 or EB2, you cannot apply for 485 and so your family cannot get EAD and so cannot work.
Many software professional and other highly educated workers can contribute much more to the Economy like how they did in 1990s by becoming enterpreneurs, but they will not be able to do anything while on "temporary visas" as they are much more concerned about maintaining their status, extending their status every few years. many people are even hesitant to buy a house, agree a few of us have bought houses and other properties, but vast majority of us are still very hesitant to do it as we can never feel fully secure of our job. If you have the Greencard you will atleast be confident that you can find a job in the area where you buy the house.
If you look at the procedures for Drivers licenses, even though the legal workers go through rigorous security checks while obtaining visas and changing/extending status with USCIS and almost all of them are verywell educated and very responsible, you have to go through a big hassle to obtain the Drivers licences and some people are being made to wait for months even after providing all the required documentation. In some states, dependents are not given Drivers Licenses and in other states, you legal workers/students get a "special drivers license" with which there is much scope for being discriminated just on the basis of this license, and if you move to a different state, this special license is not recognized and you have to apply for a fresh license, take written test, driving test and go through all the hassles again even though you have been driving in US legally for more than 10 years.
these hard working young professionals are losing the most important phase of their lives waiting for the elusive greencard and by the time the get it they are much older and don't have the same zeal for new ideas like how they did before and end up taking care of other responsibilities including family. I can go on and on like this. after we have been through all these testing circumstances, please do not say that America has not lost anything, but the biggest losers of all are the legal immigrants.
this is a process where there are no winners, but only losers. this lengthy backlogged process is resulting in a great loss to the advancement of US and would be legal immigrants
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gcpadmavyuh
08-12 01:16 AM
This is too good to be true.. How could you apply in June if you are Eb3 with PD Sept 2006? The PD was'nt current in June. Also, how did your 140 get approved in less than a month? Premium Processing was'nt there in July...
I think I have been very lucky so far. I don't think USCIS processes based on anything concrete, I think it's a little random. Or maybe I am just lucky.
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
I think I have been very lucky so far. I don't think USCIS processes based on anything concrete, I think it's a little random. Or maybe I am just lucky.
I applied for PERM in Sep 2006 - EB3 - India.
I got approved for PERM in Mar 2007.
I applied for I-140 and I-485 concurrently in Jun 2007.
I-140 got approved July 20, 2007 and on July 23, 2007 I received all 4 receipts for I-140, I-485, EAD and AP. So my approval came before my receipt. I live in California so everything went to Nebraksa.
Lawyers emailed saying they also received the EAD card yesterday July 23, 2007.
Now I have to wait for only AP and Adjustment. And I still have 5 years left on my H1-B (2 years on this visa and then another extension).
So I say, anything is possible. I wake up every morning and pray to USCIS because they made my life better :) :) :)
more...
factoryman
06-21 11:47 AM
process, thanks to Cohen & Grisby PERM presentation at the recent AILA conference.
So, things might slow down for PERMs due to this. Of course it will. See my posts about C & G elsewhere.
So, things might slow down for PERMs due to this. Of course it will. See my posts about C & G elsewhere.
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chanduv23
05-19 10:39 AM
ANOTHER UPDATE
soft LUD on my second MTR for 05/18/2009
soft LUD on my I-485 for 05/18/2009
But the content remains the same:
as "Case received and pending" on my second MTR
as "Denial Notice Sent" on my I-485
Chill. Your case has been reopened. If you are really worried, take an infopass and talk to an IO. They will fill out a case sheet and give you the status.
soft LUD on my second MTR for 05/18/2009
soft LUD on my I-485 for 05/18/2009
But the content remains the same:
as "Case received and pending" on my second MTR
as "Denial Notice Sent" on my I-485
Chill. Your case has been reopened. If you are really worried, take an infopass and talk to an IO. They will fill out a case sheet and give you the status.
more...
asharda
09-09 03:42 PM
My 1 cent (percent) towards 30K --- $300/-
Go IV. All the best for your effort. Sorry I will be out of country and can't make it but I will be watching closely.
Best wishes
Google Order #829616371917763
Go IV. All the best for your effort. Sorry I will be out of country and can't make it but I will be watching closely.
Best wishes
Google Order #829616371917763
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Green.Tech
06-11 12:08 PM
However, if there was any legislation relief, then it would be a different ball game altogether. May be we will see a repeat of 2002-2004 when all categories were current.
...and that could happen if all of us unite and participate in IV's campaigns, otherwise the wait could be a long one!
...and that could happen if all of us unite and participate in IV's campaigns, otherwise the wait could be a long one!
more...
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gcmadhu
12-11 04:24 PM
Hi Pappu & IV Core,
Please consider prefilling I-485 option in case if it is not already in one of the IV agenda items. This will give big relief for the folks who missed July2007. I am willing to contribute big time for this.
Please consider prefilling I-485 option in case if it is not already in one of the IV agenda items. This will give big relief for the folks who missed July2007. I am willing to contribute big time for this.
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eastindia
09-27 12:52 PM
I am waiting for 14 yrs.
Arrival 1996 Jan
F1 1996
EB3
GC filed 2003 Aug.
HAVE MS in US. But employer filed in EB3. STUCK
STILL WAITING FOR GREEN.
You are only waiting for 7 years. Wait time is calculated from Priority date not the date you enter the country.
Arrival 1996 Jan
F1 1996
EB3
GC filed 2003 Aug.
HAVE MS in US. But employer filed in EB3. STUCK
STILL WAITING FOR GREEN.
You are only waiting for 7 years. Wait time is calculated from Priority date not the date you enter the country.
more...
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Totoro
05-02 09:41 AM
Good job Admin2.
Folks with ITINs,
Please file for SSNs quoting this stimulus package and get the refund. If someone tries and SSA refuses, we can take it up with legislators or even pursue litigation.
I am the person who originally compiled the information. I am in the process of appealing the first SSA denial and I am in touch with my local congresswoman about this. If you want to get involved, please let me know. Also, I recommend that everyone contacts his or her congressman/congresswoman even if you are not directly affected. Most legislators are not even aware of how this rule affects people. We need to stop groups like FAIR from pushing through more legislation that discriminates against immigrants.
Finally, if the SSA denies my appeal, I am planning to file with the federal appeals court. Any ideas on how to go about this are appreciated.
Folks with ITINs,
Please file for SSNs quoting this stimulus package and get the refund. If someone tries and SSA refuses, we can take it up with legislators or even pursue litigation.
I am the person who originally compiled the information. I am in the process of appealing the first SSA denial and I am in touch with my local congresswoman about this. If you want to get involved, please let me know. Also, I recommend that everyone contacts his or her congressman/congresswoman even if you are not directly affected. Most legislators are not even aware of how this rule affects people. We need to stop groups like FAIR from pushing through more legislation that discriminates against immigrants.
Finally, if the SSA denies my appeal, I am planning to file with the federal appeals court. Any ideas on how to go about this are appreciated.
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ind_game
05-15 09:50 PM
Hi! I have some questions:
1. Do you have a lawyer when you filed the first MTR or did you do it by yourself?
2. Did you submit a copy of the I-140 approval and the AC21 memo during MTR?
Thanks.
1. Yes, I have been having an attorney all the way thru the two MTRs
2. Yes, I-140 approval copy was present in my first MTR. My first MTR did not have AC 21 memo. AC21 memo (2003 Yates Memo) was present in my second MTR when we filed it. Of course, I-140 approval copy was there in the second MTR.
1. Do you have a lawyer when you filed the first MTR or did you do it by yourself?
2. Did you submit a copy of the I-140 approval and the AC21 memo during MTR?
Thanks.
1. Yes, I have been having an attorney all the way thru the two MTRs
2. Yes, I-140 approval copy was present in my first MTR. My first MTR did not have AC 21 memo. AC21 memo (2003 Yates Memo) was present in my second MTR when we filed it. Of course, I-140 approval copy was there in the second MTR.
more...
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maddipati1
11-19 11:09 PM
This scenarios is for those who used all 6 years on H1 and got H1 extension due to a pending AOS application. they may have EADs too..
Ron Gocher quotes:
"Again, to be clear, my point is that if your AOS is denied, you immediately lose all eligibility for post sixth year extensions of H status. All time spent in H status counts against the six year limit. If you burn up time in H status while you are waiting for an AOS adjudication, you may well make it impossible to go back into H status if your AOS is denied."
My interpret...
Rule 1 :
> The max limit for H1 is only 6 years.
> You can only extend H1 beyond 6 years if there is a pending AOS
this means if there is no pending AOS, u r not eligible for H1.
On thing is clear, if AOS denial is valid, then thats it, no more H1 (after 6yrs)
but surprisingly Ron doesnt use the same logic for EAD too.
> EAD is also given as a temp relief for those who has pending AOS
so if there is no pending AOS, no more EAD too.
he thinks EAD is valid even after AOS valid Denial.
THe BIG QUESTION is, If AOS is wrongly denied and MTR is open,
What is the status of the dude?
Is the status AOS, coz its been denied already...
But again, if the dude's out of status due to AOS denial,
how come CIS allow to file MTR? Coz they know the guy who is
filing MTR is out-of-status due to AOS denial :-)
Its like a software u tested a lot with all kind of scenarios,
but there is one scenario still not tested.
Like in software, the dudes who initially wrote the code and the dudes who initially spcified requirements, are long gone to a different jobs. and after a few years (5,10 etc), a new set of dudes trying to wonder why this scenarios is missed, coz the whole biz process is already changed totally.
so, the dudes who wrote these rules and regulations are long gone and retired. and there are hell lot of things changed afterwards like AC21 etc etc.
thats is why systems need to be re-evaluated in a regular basis.
can this shit be any more tangled.... :-)
Ron Gocher quotes:
"Again, to be clear, my point is that if your AOS is denied, you immediately lose all eligibility for post sixth year extensions of H status. All time spent in H status counts against the six year limit. If you burn up time in H status while you are waiting for an AOS adjudication, you may well make it impossible to go back into H status if your AOS is denied."
My interpret...
Rule 1 :
> The max limit for H1 is only 6 years.
> You can only extend H1 beyond 6 years if there is a pending AOS
this means if there is no pending AOS, u r not eligible for H1.
On thing is clear, if AOS denial is valid, then thats it, no more H1 (after 6yrs)
but surprisingly Ron doesnt use the same logic for EAD too.
> EAD is also given as a temp relief for those who has pending AOS
so if there is no pending AOS, no more EAD too.
he thinks EAD is valid even after AOS valid Denial.
THe BIG QUESTION is, If AOS is wrongly denied and MTR is open,
What is the status of the dude?
Is the status AOS, coz its been denied already...
But again, if the dude's out of status due to AOS denial,
how come CIS allow to file MTR? Coz they know the guy who is
filing MTR is out-of-status due to AOS denial :-)
Its like a software u tested a lot with all kind of scenarios,
but there is one scenario still not tested.
Like in software, the dudes who initially wrote the code and the dudes who initially spcified requirements, are long gone to a different jobs. and after a few years (5,10 etc), a new set of dudes trying to wonder why this scenarios is missed, coz the whole biz process is already changed totally.
so, the dudes who wrote these rules and regulations are long gone and retired. and there are hell lot of things changed afterwards like AC21 etc etc.
thats is why systems need to be re-evaluated in a regular basis.
can this shit be any more tangled.... :-)
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audelinom
02-25 03:10 PM
For all the replies to my post. I understand that there are many others in the same situation I am in, who can understand and feel the injustices of this process.
I understand that we made personal choices and we have to take responsibility for our actions, if something is clear is that h1-B is a NON-EMIGRANT visa. I just wish there was more transparency from the USA government when it comes to apply for PR through employment. The backlogs and collapse of the system, only reflect the lack of interest in solving the problem which in my opinion it's also a reflection of the lack of interest in having any more skilled professionals coming to the US.
Most of the participants in this forum are from India. I appreciate your insights and wisdom, you are well known for being spiritual people who work hard through hardships in life. Many of you have left here important advices and I am grateful for that.
Personally I have done my best to live a life outside this green card ordeal. I have moved on trying to live a normal life without being obsessed with this problem, but as most of you know, reality hits quite often and we are reminded of the limitations that our legal position imposes, more often than not.
I am only regret the rude comment of somebody who replied saying " Give up something you don't have? Live a life". It's true I don't have anything to give up and that is the sad part of all this process. I have invested thousands of dollars from my own pocket, gone under distress and suffered the unfairness of the system in exchange of nothing. Yet.
Thanks for your feedback, and good luck to all you. I hope that someday in the future people from my country, or any country for that matter, wont be forced to leave their families and friends behind because of unbearable live conditions we face.
I understand that we made personal choices and we have to take responsibility for our actions, if something is clear is that h1-B is a NON-EMIGRANT visa. I just wish there was more transparency from the USA government when it comes to apply for PR through employment. The backlogs and collapse of the system, only reflect the lack of interest in solving the problem which in my opinion it's also a reflection of the lack of interest in having any more skilled professionals coming to the US.
Most of the participants in this forum are from India. I appreciate your insights and wisdom, you are well known for being spiritual people who work hard through hardships in life. Many of you have left here important advices and I am grateful for that.
Personally I have done my best to live a life outside this green card ordeal. I have moved on trying to live a normal life without being obsessed with this problem, but as most of you know, reality hits quite often and we are reminded of the limitations that our legal position imposes, more often than not.
I am only regret the rude comment of somebody who replied saying " Give up something you don't have? Live a life". It's true I don't have anything to give up and that is the sad part of all this process. I have invested thousands of dollars from my own pocket, gone under distress and suffered the unfairness of the system in exchange of nothing. Yet.
Thanks for your feedback, and good luck to all you. I hope that someday in the future people from my country, or any country for that matter, wont be forced to leave their families and friends behind because of unbearable live conditions we face.
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chanduv23
10-21 05:00 PM
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
Thats exactly what I heard too, around two to three years of work with the same employer proves original intent to work.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
Thats exactly what I heard too, around two to three years of work with the same employer proves original intent to work.
grupak
08-17 09:52 PM
What if you spend 3-4 K in the new GC process, and after writing these letters USCIS wakes up and release statistics that they have 2000 EB-3 I pending for 2002/2003 and 1000 for 2004 will you still go ahead ? I guess for us the most important thing is to know how many cases are really pending. As I am not filing a new EB-2 and what if there are 15K cases in 2002/2003 and 50K in 2004, I'll be sitting here all my life looking at Visa bulletins :o
Getting the information would be of tremendous help. I already have my GC but I will write the letter after the necessary modification to reflect my status.
Also, I feel we need more participation in the recapture bill.
Getting the information would be of tremendous help. I already have my GC but I will write the letter after the necessary modification to reflect my status.
Also, I feel we need more participation in the recapture bill.
vikki76
07-18 12:06 PM
Hmm..didn't see any email for this action alert/Funding drive. I thought all IV action alerts were sent out as e-mails.
Franklin,can you please forward this to our Northern Calif chapter?
Franklin,can you please forward this to our Northern Calif chapter?
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