pd_recapturing
01-26 03:51 PM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
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drirshad
02-12 04:00 AM
FearOnlyGod it is, do not give into bad employers. I looked up google for complain DOL against employer harassment. If you have email or other proof of his recent harassment it can be added to the same complaint to DOL check more resources you should be getting your pay.
http://www.dolir.mo.gov/hr/faq.htm
Q. What if I believe my former employer is "black-balling" me when a potential new employer is calling for a reference?
A. This is not necessarily illegal. However, if the employer is doing this because you filed a discrimination complaint against them, this could be considered retaliation and that is covered under the Missouri Human Rights Act.
http://www.dolir.mo.gov/hr/faq.htm
Q. What if I believe my former employer is "black-balling" me when a potential new employer is calling for a reference?
A. This is not necessarily illegal. However, if the employer is doing this because you filed a discrimination complaint against them, this could be considered retaliation and that is covered under the Missouri Human Rights Act.
Lasantha
02-25 10:41 AM
Good point !
Be aware that these 47,000 applications include family-based, asylum cases and refugee AOS as well. The employment based applications could be much lower than the 47,000.
Be aware that these 47,000 applications include family-based, asylum cases and refugee AOS as well. The employment based applications could be much lower than the 47,000.
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ivar
08-29 07:23 PM
Congratulations for your GC. your journey was painful, long and inspiring.
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eb3retro
10-29 09:26 AM
Believe it or not, I was about to open a thread like this. And here is the worst part, my AP has been approved 10 days ago, and so far neither the online status changed to approved nor i have received the approval copy. 2 ways I found out my AP was approved was through my local congressman and I took an infopass appointment. In the info pass appointment when I asked what is causing the delay in sending an approved AP, the officer says, if you did not get the approval notice in 45 days, call us back. This after waiting for more than 90days from the date of application. So, its not there until you have it in hand. Merely getting an approval these days is not enough, since they take anywhere upto 45 days to send the approval to you.
Attrocity to the core and the height of irresponsibility.
Attrocity to the core and the height of irresponsibility.
sbabunle
01-31 02:58 PM
Well again...if they allow to file 485, most of those folks will
file EAD and Parole too.. more money and more money :D
Its the same reason they wont discontinue Green Card lottery.
I think last time about 5mil people participated with $100 entry fee.
So its $500 Mil dollars..thats half a billion.....Nobody would kill the
goose who lays golden eggs... :D :D :D :D
Well, you are bringing up a very good point. May be we can setup a webfax event to USCIS, for allowing us to I-485 even if PD is not current, so that they can reap the exact benefit of this fees hike.
Core members - what say you???
file EAD and Parole too.. more money and more money :D
Its the same reason they wont discontinue Green Card lottery.
I think last time about 5mil people participated with $100 entry fee.
So its $500 Mil dollars..thats half a billion.....Nobody would kill the
goose who lays golden eggs... :D :D :D :D
Well, you are bringing up a very good point. May be we can setup a webfax event to USCIS, for allowing us to I-485 even if PD is not current, so that they can reap the exact benefit of this fees hike.
Core members - what say you???
more...
h1bmajdoor
09-03 09:44 AM
[LIST]
H1B + GC holders pay SS + Medicare (??) for which they are entitled only when they become citizen (this is questionable).
anyone (*fine print - from a list of countries) who has paid SS for 10 years or more, and was legally in the US, is entitled to SS benefits, like a US citizen.
these laws can change. but then so can anything else.
H1B + GC holders pay SS + Medicare (??) for which they are entitled only when they become citizen (this is questionable).
anyone (*fine print - from a list of countries) who has paid SS for 10 years or more, and was legally in the US, is entitled to SS benefits, like a US citizen.
these laws can change. but then so can anything else.
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bidhanc
03-21 03:11 PM
I spoke to a staff at Michael R. McNulty's office.
He comes to Albany on weekends only.
Rest of the time (5 days a week) he is in Washington.
We can meet staff members any time betwenn 9 to 5 (no appointment required).
Spoke to staff member at Schumer's office.
He is not available for a meeting.
Have set up a meeting (with staff) for 12th April 11am (nothing available for next 2 weeks).
I was actually just trying to find out if we could schedule an appointment with Schumer. Did not expect them to set up an appointment on the phone so fast.
We can change if this is not convenient.
I am not sure if this is gonna help, as it is 2 weeks away.
Please provide feedback.
He comes to Albany on weekends only.
Rest of the time (5 days a week) he is in Washington.
We can meet staff members any time betwenn 9 to 5 (no appointment required).
Spoke to staff member at Schumer's office.
He is not available for a meeting.
Have set up a meeting (with staff) for 12th April 11am (nothing available for next 2 weeks).
I was actually just trying to find out if we could schedule an appointment with Schumer. Did not expect them to set up an appointment on the phone so fast.
We can change if this is not convenient.
I am not sure if this is gonna help, as it is 2 weeks away.
Please provide feedback.
more...
leoindiano
06-01 09:05 AM
In your comments, please mention the taxes you pay for counties, cities apart from state and federal.
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go_guy123
01-04 07:01 PM
A freind of mine came across a gentleman, who is here on work visa and he is facing a unique problem. He is married to two persons and wants to bring his whole family here in the USA. He was looking for answer if he can get both his spouses and kids here on H4 visas. Currently both of them and his kids are in India. Interesting hmmm :D
I am curious to know with whom he spends the night with...only that one is eligible to come on H4.
Damm...my imagination is running wild.
I am curious to know with whom he spends the night with...only that one is eligible to come on H4.
Damm...my imagination is running wild.
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buddyinus
08-01 12:53 PM
Everybody is checking LUDs on their approved 140s. What doz this mean? And how do I check it? Pls send me step by step information...Thanks
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enggr
09-26 02:37 AM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
more...
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pray
08-23 03:26 PM
Just Thought
There is 200k application without 140 approval, this is including july filers.
there is lot of chnace for those who got their I-140 approved, even their PD '2006.
you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.
I think EB2-jan2007 and EB3-Aprl2005 in October VB
- satish
That is wishful thinking.I know people with more recent priority dates got cleared in june but it will go back to PD system from now on again,how else can they do it.The reason why (to eveyone's surprise) they made everything current was to clear some of these cases which were filed long ago(I-485) but were stuck due to the retrogression.This is obviously not going to happen again for sometime since they now have hundreds of thousands of more cases.
There is 200k application without 140 approval, this is including july filers.
there is lot of chnace for those who got their I-140 approved, even their PD '2006.
you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.
I think EB2-jan2007 and EB3-Aprl2005 in October VB
- satish
That is wishful thinking.I know people with more recent priority dates got cleared in june but it will go back to PD system from now on again,how else can they do it.The reason why (to eveyone's surprise) they made everything current was to clear some of these cases which were filed long ago(I-485) but were stuck due to the retrogression.This is obviously not going to happen again for sometime since they now have hundreds of thousands of more cases.
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GCBy3000
05-22 04:04 PM
I came to US in 1999 and for a month I did not get paid. I switched to another company and they filed me new H1 instead of transfer. From then, every H1 transfer I need to provide lots of documents to attorney and answer several RFE's for each h1 transfer. Being out of status(not illegal) concerend me a lot but now being illegal is the better than being out of status.
Having paid taxes for all the eight years and playing by rules does not help in America. It is so ironical now to see how legal people are digging their way back in time to find a period for which they wanted to be stamped illegal. All these days legals tried to cover up, but they are now PROUD and HAPPY to find such periods. The WORST is the poor fellows who have not even stayed illegal/out of status and played by rules 100%.
GOD BLESS AMERICA. Becoming illlegal is very easy, but if you want to be legal and get the GC, then it this is not the land.
Its funny that we tried so hard to stay legal. Now we trying very hard to find out ways to become illegal.
Having paid taxes for all the eight years and playing by rules does not help in America. It is so ironical now to see how legal people are digging their way back in time to find a period for which they wanted to be stamped illegal. All these days legals tried to cover up, but they are now PROUD and HAPPY to find such periods. The WORST is the poor fellows who have not even stayed illegal/out of status and played by rules 100%.
GOD BLESS AMERICA. Becoming illlegal is very easy, but if you want to be legal and get the GC, then it this is not the land.
Its funny that we tried so hard to stay legal. Now we trying very hard to find out ways to become illegal.
more...
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leoindiano
07-10 11:56 AM
i have used this link to express my anger and frustration.
GOD is watching !
but we cannot just not keep watching.
Just sent this message....
Lou Dobbs Sucks. Please stop his false propaganda on H1B. Get your facts right. Know the program before you talk about it. H1B is given for 3 years and have an option to extension for every 3 years. Nobody is overstaying their visas. They are extending their visa.
GOD is watching !
but we cannot just not keep watching.
Just sent this message....
Lou Dobbs Sucks. Please stop his false propaganda on H1B. Get your facts right. Know the program before you talk about it. H1B is given for 3 years and have an option to extension for every 3 years. Nobody is overstaying their visas. They are extending their visa.
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irock
08-07 11:04 PM
It is not good idea. In DS-156 you need to specify whether you are married or not. And also you need to specify if spouse/brother/sister.. is there is US.
Congrats suresh..it's good to see Dec 05 getting approved..best option would be to get your wife here on F1..Some of the schools required only TOEFL ..after coming to US get married again in US and apply for 485..if she is currently working in india..u can try L1 too....ofcourse for H-1B u need to wait for one more year..i don't think US embassy in Chennai will get to know u got married unless she tells them..there is no fraud or anything in this..i believe it's like..don't ask, don't say..ur not cheating anyone..trying to find a small loop hole for a very good reason..
Congrats suresh..it's good to see Dec 05 getting approved..best option would be to get your wife here on F1..Some of the schools required only TOEFL ..after coming to US get married again in US and apply for 485..if she is currently working in india..u can try L1 too....ofcourse for H-1B u need to wait for one more year..i don't think US embassy in Chennai will get to know u got married unless she tells them..there is no fraud or anything in this..i believe it's like..don't ask, don't say..ur not cheating anyone..trying to find a small loop hole for a very good reason..
more...
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whitecollarslave
02-12 05:10 PM
Hi all,
Mine is a different situation, i was with my employer till mid of last year and did not inform him while leaving his company and joined another job (h1 transfer) he is now saying that the vendor did not pay him some money and i have to pay that amount and he is demanding that amount for my W-2.
He also said that he would take legal action if i didnot pay his losses ( i did not sign any document with him other than my h1b papers) no agreements,
I am going to call IRS after feb15, but is he going to go to court?
Please suggest me.
Thanks
You are not responsible for his losses unless your job duties were to collect payments from the vendor.
Did you not give him any notice at all? When did he find out that you were no longer working for him?
Mine is a different situation, i was with my employer till mid of last year and did not inform him while leaving his company and joined another job (h1 transfer) he is now saying that the vendor did not pay him some money and i have to pay that amount and he is demanding that amount for my W-2.
He also said that he would take legal action if i didnot pay his losses ( i did not sign any document with him other than my h1b papers) no agreements,
I am going to call IRS after feb15, but is he going to go to court?
Please suggest me.
Thanks
You are not responsible for his losses unless your job duties were to collect payments from the vendor.
Did you not give him any notice at all? When did he find out that you were no longer working for him?
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ck_b2001
07-26 02:50 PM
According to the pattern the next one is due tomorrow,
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes13Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes27Jul07.pdf
Lets start pressing F5 since tomorrow morning on USCIS press release page. My finger is already itching for refresh button.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes13Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes27Jul07.pdf
Lets start pressing F5 since tomorrow morning on USCIS press release page. My finger is already itching for refresh button.
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Carlau
06-19 02:25 PM
It has to be anyone of a rank signing the letter saying that you work in this position for this salary, someone like your boss, human resources, whoever is nice enough to sign it, they are not really strict on this one, they are on the I-140. Do you have that approved?
shantak
03-25 08:40 AM
Hello guys,
I want to know if IV is in support of the STRIVE Bill or not. Should we ask the congressmen to vote for it or no? Your help is appreciated
Thanks
I want to know if IV is in support of the STRIVE Bill or not. Should we ask the congressmen to vote for it or no? Your help is appreciated
Thanks
texanguy
05-15 11:39 AM
I think calling your university presidents and asking them to show their support for these bills would also be a very good idea.
This bill will encourage pursuit of higher education in US by foreign students in a significant way.
Right now for all bills that Zoe proposed there are max 19 co sponser for this last bill. DID you check for STRIVE ACT 2007 which had 78 co-sponsers still could not make it to floor.
We need to call these lawmakers and educated them on these bills.
Chances are less but our investment is not that big. Few minutes in a day to call or write.
This bill will encourage pursuit of higher education in US by foreign students in a significant way.
Right now for all bills that Zoe proposed there are max 19 co sponser for this last bill. DID you check for STRIVE ACT 2007 which had 78 co-sponsers still could not make it to floor.
We need to call these lawmakers and educated them on these bills.
Chances are less but our investment is not that big. Few minutes in a day to call or write.
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