eeezzz
02-14 03:22 PM
Everybody stands in one single queue......one line not five lines......one line my friend, irrespective of your nationality. so if you wait 2 years, or 2 hours..I wait the same. Unlike NOW, where some people wait 5-8 years and others 1-2 years.
I think what USCIS can do in order to achieve your "fair play" is they will start to put country limit on H-1B also and then cut off date show up for some countries for H-1 applications(PS: unused quota can't go to oversubscribed countries at 4th quarter). In this case, years later, there's no need for specific country bulletins for EB.
The current case is over 50% of H-1B issued to Indian and Chinese every year. And that is why now most people here are waiting.
Do you think RoW H-1B applicants should shout loud and ask for the country limit to be set on H-1B?
I think what USCIS can do in order to achieve your "fair play" is they will start to put country limit on H-1B also and then cut off date show up for some countries for H-1 applications(PS: unused quota can't go to oversubscribed countries at 4th quarter). In this case, years later, there's no need for specific country bulletins for EB.
The current case is over 50% of H-1B issued to Indian and Chinese every year. And that is why now most people here are waiting.
Do you think RoW H-1B applicants should shout loud and ask for the country limit to be set on H-1B?
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PHANI_TAVVALA
02-17 06:16 PM
I am volunteering to coordinate the collection and redemption of airline miles.
Those who would like to donate or in need please PM me with your Name and Phone number along with a good time to reach.
if you are donating miles, please also provide the airlines and the number of miles you wish to donate and contact info (name and phone number)
Please do not forget to put your phone number when you send me the PM.
Thanks
sent Delta miles information to you.
Those who would like to donate or in need please PM me with your Name and Phone number along with a good time to reach.
if you are donating miles, please also provide the airlines and the number of miles you wish to donate and contact info (name and phone number)
Please do not forget to put your phone number when you send me the PM.
Thanks
sent Delta miles information to you.
nagesh75
10-12 09:15 PM
EB3 - Feb 2004
485,EAD,AP : RD July3107 at NSC
485,EAD,AP : ND Oct0307 at CSC
EAD,AP approved : Oct10 at CSC
485,EAD,AP : RD July3107 at NSC
485,EAD,AP : ND Oct0307 at CSC
EAD,AP approved : Oct10 at CSC
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MDix
03-10 02:22 PM
If you feel good by giving red then pls do it, but that doesn't change what's coming in your way.
This is turning out to be TRUE.
Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.
I am expecting lot of REDs on this one.
Thanks,
MDix
This is turning out to be TRUE.
Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.
I am expecting lot of REDs on this one.
Thanks,
MDix
more...
bugmenot
06-13 02:05 PM
if Numbersusa is warning its members to call thier senators again and fight the bill its surely coming/come back, theyr always bang on with thier "inside info"
danu2007
10-30 11:03 PM
Done..Posted the letter
more...
sirinme
10-21 02:45 PM
I just sent mine.
- sirinme
- sirinme
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miami75
07-02 10:27 PM
Here is my contribution Google Order #920441777988850
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vshar
03-12 01:56 PM
You are accusing IV for cheating before saying IV is a great platform. Can't you make up your mind. You sound more like that Congressman Massa from NY. I am no Glenn beck so now don't start to tickle me.
I never accused IV for cheating but yes I do accuse IV for misconduct on April vis bulltein issue. misconduct does not mean cheating it means that they did not do what they are supposed to do at the time when all its members were anxious.
I never accused IV for cheating but yes I do accuse IV for misconduct on April vis bulltein issue. misconduct does not mean cheating it means that they did not do what they are supposed to do at the time when all its members were anxious.
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dummgelauft
08-21 12:51 PM
I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
Okay, It is still a bit fuzzy, but lot clearer than your initial post. Almost all of us here on this forum are professionally qualified Employment Based applicants, with fairly straightforward, albeit extremently slow moving cases. Nearly all of us have been sponsored by our employers and we make sure that we are legal, in this country, every day of the year.
Now, coming to your case.
I am certain this "disabled man" you are caring for, had all good intentions, but he screwed up royally. You can not just "apply for a I-485". There has to be a basis from one of the following
(1) Family based
(2) Employment based
(3) Humanitarian / Refugee
(4) Diversity Based
It is still not clear, what CATEGORY he applied for you under.
(a) Can not be family based (you are not his spouse, child, sibling etc)
(b) You CERTAINLY DO NOT qualify under Employment based application.
(c) You absolutey CAN NOT apply under Refugee or Diversity (Canadians are shut out of diversity visa quota)
So, it is now time to stop pretending that you "were needed here". Nobody is indispensible.
Get your self back in to Cananda and work towards building your life back up.
Bon fin semaine!!
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
Okay, It is still a bit fuzzy, but lot clearer than your initial post. Almost all of us here on this forum are professionally qualified Employment Based applicants, with fairly straightforward, albeit extremently slow moving cases. Nearly all of us have been sponsored by our employers and we make sure that we are legal, in this country, every day of the year.
Now, coming to your case.
I am certain this "disabled man" you are caring for, had all good intentions, but he screwed up royally. You can not just "apply for a I-485". There has to be a basis from one of the following
(1) Family based
(2) Employment based
(3) Humanitarian / Refugee
(4) Diversity Based
It is still not clear, what CATEGORY he applied for you under.
(a) Can not be family based (you are not his spouse, child, sibling etc)
(b) You CERTAINLY DO NOT qualify under Employment based application.
(c) You absolutey CAN NOT apply under Refugee or Diversity (Canadians are shut out of diversity visa quota)
So, it is now time to stop pretending that you "were needed here". Nobody is indispensible.
Get your self back in to Cananda and work towards building your life back up.
Bon fin semaine!!
more...
ronhira
04-11 06:05 PM
Good point. I appreciate your hard work.
This may be helpful
245(i), Adjustment of Status Permanent Residence, Life Act | V Visa, K Visa (http://www.callyourlawyers.com/245%28i%29revival.html)
GRANDFATHERED DERIVATIVE FAMILY MEMBERS
Grandfathered children and spouses: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act, 06/10/1999 INS memo
Section 245(i) defines the term "beneficiary" to include a spouse or
child "eligible to receive a visa under section 203(d) of the Act." This
applies to spouses or children "accompanying or following to join" the
principal alien.
An alien who is accompanying or following to join an alien who is a
grandfathered alien is thus also the "beneficiary" of the grandfathered
petition or labor certification application and is also grandfathered.
Since an alien's ability to characterize himself or herself as
"accompanying or following to join" the principal alien depends on the
existence of a qualifying relationship at the time of the principal's
adjustment, adjudicators must determine whether the relationship existed
prior to the time the alien adjusted status. Officers should remember
that the burden of proof to establish the qualifying relationship rests
with the applicant.
The spouse or child of a grandfathered alien as of January 14 is also
grandfathered for 245(i) purposes. This means that the spouse or child
is grandfathered irrespective of whether the spouse or child adjusts
with the principal. The pre-January 15 spouse or child also are
grandfathered even after losing the status of spouse or child, such as
by divorce or by becoming 21 years of age, by the petitioner�s
naturalization, through the parents� divorce, or even if the principal
or petitioner dies. Grandfathered eligibility attaches to the person and
not the petition. Many aliens with pending, grandfathered petitions or
labor certification applications will marry or have children after the
qualifying petition or application was filed but before adjustment of
status. These "after-acquired" children and spouses are allowed to
adjust under 245(i) as long as they acquire the status of a spouse or
child before the principal alien ultimately adjusts status.
An alien who becomes the child or spouse of a grandfathered alien
after the alien adjusts status or immigrates cannot adjust status under
section 245(i) unless he or she has an independent basis for
grandfathering.
"Aged-out" children
Often, a principal alien who has filed a visa petition or labor
certification application will have a "child" who reaches the age of 21,
and thus no longer meet the statutory definition of child, before the
petition or application is approved or the principal alien adjusts
status. However, such an "aged-out" beneficiary will remain a
beneficiary for the purpose of determining whether he or she may use
section 245(i) to adjust status.
Eligibility: An alien who is included in the categories of
restricted aliens under 245.1(b) and meets the definition of a
``grandfathered alien'' may apply for adjustment of status under section
245 of the Act if the alien meets the requirements of paragraphs (b)(1)
through (b)(7) of this section:
(1) Is physically present in the United States;
(2) Is eligible for immigrant classification and has an immigrant visa
number immediately available at the time of filing for adjustment of
status;
(3) Is not inadmissible from the United States under any provision of
section 212 of the Act, or all grounds for inadmissibility have been
waived;
(4) Properly files Form I-485, Application to Register Permanent
Residence or Adjust Status on or after October 1, 1994, with the
required fee for that application;
(5) Properly files Supplement A to Form I-485 on or after October 1,
1994;
(6) Pays an additional sum of $1,000, unless payment of the additional
sum is not required under section 245(i) of the Act; and
(7) Will adjust status under section 245 of the Act to that of lawful
permanent resident of the United States on or after October 1, 1994.
hypocrisy as its best...... need another quote from gandhi....
u'r saying its crime for others to file application of their spouse & children...... aren't u waiting for the aos approval for u'r child...... but if other files for their family member..... according to u its a crime....
This may be helpful
245(i), Adjustment of Status Permanent Residence, Life Act | V Visa, K Visa (http://www.callyourlawyers.com/245%28i%29revival.html)
GRANDFATHERED DERIVATIVE FAMILY MEMBERS
Grandfathered children and spouses: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act, 06/10/1999 INS memo
Section 245(i) defines the term "beneficiary" to include a spouse or
child "eligible to receive a visa under section 203(d) of the Act." This
applies to spouses or children "accompanying or following to join" the
principal alien.
An alien who is accompanying or following to join an alien who is a
grandfathered alien is thus also the "beneficiary" of the grandfathered
petition or labor certification application and is also grandfathered.
Since an alien's ability to characterize himself or herself as
"accompanying or following to join" the principal alien depends on the
existence of a qualifying relationship at the time of the principal's
adjustment, adjudicators must determine whether the relationship existed
prior to the time the alien adjusted status. Officers should remember
that the burden of proof to establish the qualifying relationship rests
with the applicant.
The spouse or child of a grandfathered alien as of January 14 is also
grandfathered for 245(i) purposes. This means that the spouse or child
is grandfathered irrespective of whether the spouse or child adjusts
with the principal. The pre-January 15 spouse or child also are
grandfathered even after losing the status of spouse or child, such as
by divorce or by becoming 21 years of age, by the petitioner�s
naturalization, through the parents� divorce, or even if the principal
or petitioner dies. Grandfathered eligibility attaches to the person and
not the petition. Many aliens with pending, grandfathered petitions or
labor certification applications will marry or have children after the
qualifying petition or application was filed but before adjustment of
status. These "after-acquired" children and spouses are allowed to
adjust under 245(i) as long as they acquire the status of a spouse or
child before the principal alien ultimately adjusts status.
An alien who becomes the child or spouse of a grandfathered alien
after the alien adjusts status or immigrates cannot adjust status under
section 245(i) unless he or she has an independent basis for
grandfathering.
"Aged-out" children
Often, a principal alien who has filed a visa petition or labor
certification application will have a "child" who reaches the age of 21,
and thus no longer meet the statutory definition of child, before the
petition or application is approved or the principal alien adjusts
status. However, such an "aged-out" beneficiary will remain a
beneficiary for the purpose of determining whether he or she may use
section 245(i) to adjust status.
Eligibility: An alien who is included in the categories of
restricted aliens under 245.1(b) and meets the definition of a
``grandfathered alien'' may apply for adjustment of status under section
245 of the Act if the alien meets the requirements of paragraphs (b)(1)
through (b)(7) of this section:
(1) Is physically present in the United States;
(2) Is eligible for immigrant classification and has an immigrant visa
number immediately available at the time of filing for adjustment of
status;
(3) Is not inadmissible from the United States under any provision of
section 212 of the Act, or all grounds for inadmissibility have been
waived;
(4) Properly files Form I-485, Application to Register Permanent
Residence or Adjust Status on or after October 1, 1994, with the
required fee for that application;
(5) Properly files Supplement A to Form I-485 on or after October 1,
1994;
(6) Pays an additional sum of $1,000, unless payment of the additional
sum is not required under section 245(i) of the Act; and
(7) Will adjust status under section 245 of the Act to that of lawful
permanent resident of the United States on or after October 1, 1994.
hypocrisy as its best...... need another quote from gandhi....
u'r saying its crime for others to file application of their spouse & children...... aren't u waiting for the aos approval for u'r child...... but if other files for their family member..... according to u its a crime....
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srkamath
07-13 12:27 PM
But where are we getting these numbers like say 20k visas are available for EB2..
DOS / USCIS in their congressional testimony in May, stated that they have used up ~ 65% of the 140k EB numbers by April - that left us with ~ 49 k unused then.
Shortly thereafter, the VB said all the allotable numbers for EB3 had been used up and that all EB1 spillover and EB2 ROW leftovers will go to EB2 retrogressed countries.
DOS / USCIS in their congressional testimony in May, stated that they have used up ~ 65% of the 140k EB numbers by April - that left us with ~ 49 k unused then.
Shortly thereafter, the VB said all the allotable numbers for EB3 had been used up and that all EB1 spillover and EB2 ROW leftovers will go to EB2 retrogressed countries.
more...
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vik123
01-10 12:28 PM
Some people are already doing our job.
http://www.zazona.com/NewsArchive/2006-12-26%20Renewed%20Push%20for%20H-1B%20Increase.txt
http://www.zazona.com/NewsArchive/2006-12-26%20Renewed%20Push%20for%20H-1B%20Increase.txt
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sc09876
07-29 01:14 PM
Add CareFirst - Blue Cross Blue Shield
Legg Meson
All these companies take people on H1 and after an year of year an half they say they have changed policy and they can't file H1. They have big lawyers like M**** and R**** and those lawyers tell employers even if your employee is on 5th year and if you don't file GC (PERM) b4 365 days its alright.... we can send them out and re catpture time and all BS and ultimately employees suffer.... as they r in their 5th or some are in 6th year and are completely screwed up.
We should think of taking some legal actions...
Ya..make sure you consult your attorney to know if such a thing is viable. :). Make sure you read the "employment at will" agreement along with all the other 28 pages that you will abide by the HR policies and also make sure that you read the 125 pages of HR policies.
Legg Meson
All these companies take people on H1 and after an year of year an half they say they have changed policy and they can't file H1. They have big lawyers like M**** and R**** and those lawyers tell employers even if your employee is on 5th year and if you don't file GC (PERM) b4 365 days its alright.... we can send them out and re catpture time and all BS and ultimately employees suffer.... as they r in their 5th or some are in 6th year and are completely screwed up.
We should think of taking some legal actions...
Ya..make sure you consult your attorney to know if such a thing is viable. :). Make sure you read the "employment at will" agreement along with all the other 28 pages that you will abide by the HR policies and also make sure that you read the 125 pages of HR policies.
more...
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starscream
02-18 04:27 PM
I did not find any section specificcaly about ending EB or ending H1B , the only reference to H1b is in SEC. 1403. that is for fashion models:
SEC. 1403. NONIMMIGRANT CATEGORY FOR FASHION MODELS.
(a) Elimination of H-1B Classification for Fashion Models-
http://www.opencongress.org/bill/111-h264/show
This bill is ending H1B for sure, but how will people get EB when there is no h1B or H1B renewal to wait for EB.
Please add your views about this bill.
Also, is there a IL chapter for IV?
SEC. 1403. NONIMMIGRANT CATEGORY FOR FASHION MODELS.
(a) Elimination of H-1B Classification for Fashion Models-
http://www.opencongress.org/bill/111-h264/show
This bill is ending H1B for sure, but how will people get EB when there is no h1B or H1B renewal to wait for EB.
Please add your views about this bill.
Also, is there a IL chapter for IV?
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vik352
07-01 04:35 PM
We already participated in the phone campaign. What else we can do in helping the Lofgren bills?
With an online petition and > 1000 signatures, we can mail the copies to media/congressman/President.
With an online petition and > 1000 signatures, we can mail the copies to media/congressman/President.
more...
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kavita
12-11 04:13 PM
If US does not benefit from giving the visas, are they doing it as a part of social service?
All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. !
All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. !
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santb1975
12-21 01:05 AM
Thanks for your Inputs Logiclife.
My last entry into US was before I spent 6 weeks in recovery and subsequently changing my employer. I was not paid for the time I worked before I quit my employer. I had no issues with transfering my H1. I have letters from my clients and DOL verified that I was working at the client locations. I went through an IRS Audit as well last year because the wages reported by my employer to the IRS were different from the annual wages I reported in my tax returns and I owed IRS some money ( I never got a W2 for that year from my employer and when I contacted IRS they sent me a form on which I had to enter information based on the paycheks I have received). During the audit I had to pay my taxes as a preventative measure and also write a letter to IRS explaining my situation. IRS contacted NJ DOL and had my employer correct the wages he reported and sent me a letter that I was accurate. I will still have to work on getting the additional taxes I paid IRS back which is another story. it has been 2.5 years and the saga still continues. If I ever get an RFE about not getting paid for those 4.5 months I will worry about it then
Now Regarding my H1 stamp: I decided not to go for stamping. I am just going to use my AP and come back. I talked to my lawyer today and I told him that I did not go for stamping after I changed employers and also indicated I want to come back using my AP. He said if that is what I decide that is fine with him.
My last entry into US was before I spent 6 weeks in recovery and subsequently changing my employer. I was not paid for the time I worked before I quit my employer. I had no issues with transfering my H1. I have letters from my clients and DOL verified that I was working at the client locations. I went through an IRS Audit as well last year because the wages reported by my employer to the IRS were different from the annual wages I reported in my tax returns and I owed IRS some money ( I never got a W2 for that year from my employer and when I contacted IRS they sent me a form on which I had to enter information based on the paycheks I have received). During the audit I had to pay my taxes as a preventative measure and also write a letter to IRS explaining my situation. IRS contacted NJ DOL and had my employer correct the wages he reported and sent me a letter that I was accurate. I will still have to work on getting the additional taxes I paid IRS back which is another story. it has been 2.5 years and the saga still continues. If I ever get an RFE about not getting paid for those 4.5 months I will worry about it then
Now Regarding my H1 stamp: I decided not to go for stamping. I am just going to use my AP and come back. I talked to my lawyer today and I told him that I did not go for stamping after I changed employers and also indicated I want to come back using my AP. He said if that is what I decide that is fine with him.
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TomPlate
03-10 09:00 AM
Assume AC21 is not filed. But we change job and location, so do we need to do only address change alone. Please let me know?
vbkris77
03-10 03:17 PM
I challenge visitors in this forum to make atleast one fix, any small fix by sticking to the point and not beating around the bush and not getting into the shoes of others to paint the whole world problems in this.
Just stick to one point agenda and deliver it fully..
1. Recapture Immigrant Visas - to me too big to bite but it is the best
2. Admin fix to file I485 when date is not current - Helps lot of people who missed July 07 fiasco for various reasons..
3. Admin fix to revalidate H1B in USA - Stops all the BS about IO at POE killed someone etc..
4. Accountability of CIS - Make sure they process in FIFO by PD (Damn it, we need to define PD for them :-) )
Just stick with one damn topic and deliver it. This will help IV get the required attention.
Need an example, look at FOIA thread, In four days we had people pledging almost 8K.
Just stick to one point agenda and deliver it fully..
1. Recapture Immigrant Visas - to me too big to bite but it is the best
2. Admin fix to file I485 when date is not current - Helps lot of people who missed July 07 fiasco for various reasons..
3. Admin fix to revalidate H1B in USA - Stops all the BS about IO at POE killed someone etc..
4. Accountability of CIS - Make sure they process in FIFO by PD (Damn it, we need to define PD for them :-) )
Just stick with one damn topic and deliver it. This will help IV get the required attention.
Need an example, look at FOIA thread, In four days we had people pledging almost 8K.
lifestrikes
02-14 02:29 PM
Day Off (April 4, 5) - Check
Accommodation - Check
I'm driving to DC from Cary, North Carolina on Saturday. Will attend Training on Sunday and both Advocacy Days.
Accommodation - Check
I'm driving to DC from Cary, North Carolina on Saturday. Will attend Training on Sunday and both Advocacy Days.