EBX-Man
05-12 08:54 AM
I have 2 questions. Why you think only I485 not greencard. Fight and get Greencard? Start protest self. Others join when one start. Why not you?
That is because he does not have the drive and initiative that you have ...
That is because he does not have the drive and initiative that you have ...
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shana04
02-16 01:32 PM
Hi,
I am talking to different lawyers for using AC21 - new position title and functions are almost similar with similar salaries in the same region, old employer might revoke the approved I140 but 180 days are over and I140 is approved - couple lawyers mentioned that the case is straight forward but still mentioned that they are not going to take the case because they decided not to do AC21 in many cases. Reason they mentioned is that underlying I485 is not filed by them and if its rejected for any reason there is a chance of mal-practise suit against them. The fact that they didnt do anything after taking the case might work against them. Their current insurance against mal-practise is not enough to cover these types of instances. I found the argument a bit weird but wondering if anyone else heard same - I heard this from 2 of the 3 lawyers I called locally.
- kishdam
kishdam,
Logically thinking, first thing 485 is your petition.
you are giving them the right to act on your behalf.
There is nothing that an employer has provided except the offer letter.
Now you are using new employers offer letter, how in the world would an old employer sue this attorney. This is your petition and not employers petition.
Scenario:
What if you use G28 representing your self and send a AC21 letter.
Latter (God forbidden this does not happen to any one) but you get RFE, then you choose attorney. You explain that you are represting your self and now need attorneys help. Now who is going to sue this attorney.
This is all B*** S**t to make money or to fear people. I know people who have used G28 representing them selves and got GC. my self I am using a attorney, coz he did not charge more and he said in case you are not satisfied you can always use different lawyer. And all that he has charged is $500.00 and if he is not up to the mark then I would find a differnet attorney. $500 is not a huge sum.
So, good luck and find a better attorney.
I am talking to different lawyers for using AC21 - new position title and functions are almost similar with similar salaries in the same region, old employer might revoke the approved I140 but 180 days are over and I140 is approved - couple lawyers mentioned that the case is straight forward but still mentioned that they are not going to take the case because they decided not to do AC21 in many cases. Reason they mentioned is that underlying I485 is not filed by them and if its rejected for any reason there is a chance of mal-practise suit against them. The fact that they didnt do anything after taking the case might work against them. Their current insurance against mal-practise is not enough to cover these types of instances. I found the argument a bit weird but wondering if anyone else heard same - I heard this from 2 of the 3 lawyers I called locally.
- kishdam
kishdam,
Logically thinking, first thing 485 is your petition.
you are giving them the right to act on your behalf.
There is nothing that an employer has provided except the offer letter.
Now you are using new employers offer letter, how in the world would an old employer sue this attorney. This is your petition and not employers petition.
Scenario:
What if you use G28 representing your self and send a AC21 letter.
Latter (God forbidden this does not happen to any one) but you get RFE, then you choose attorney. You explain that you are represting your self and now need attorneys help. Now who is going to sue this attorney.
This is all B*** S**t to make money or to fear people. I know people who have used G28 representing them selves and got GC. my self I am using a attorney, coz he did not charge more and he said in case you are not satisfied you can always use different lawyer. And all that he has charged is $500.00 and if he is not up to the mark then I would find a differnet attorney. $500 is not a huge sum.
So, good luck and find a better attorney.
reachag
04-03 08:50 AM
Requested all my friends to fax..
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shamu
01-12 11:00 AM
Hello,
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Please read the following discussion, it has lot of information about pregnancy without insurance.
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Canadianindian
07-02 04:18 PM
500 appro
rsayed
04-13 11:26 AM
What does this mean? That there are not as many approved labor cases as anticipated originally by the USCIS????
"F. VISA AVAILABILITY DURING THE COMING MONTHS
Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.
Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.
One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur."
"F. VISA AVAILABILITY DURING THE COMING MONTHS
Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.
Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.
One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur."
more...
amoljak
05-17 07:23 AM
I dont understand why we are hurt when 2 Indian companies were asked to detail how they used the nearly 20000 H1B visas they procured this time. DAMNN!!! IT IS VERY VERY IMP TO KNOW THAT. How many of these H1s are going to be brought here and sold to other companies, how much and WHO pays them etc.
We are hurt because it's witch hunting. Nobody knows who applied for how many visas this year, but rumor has it that Microsoft was also near the top. Why not call them also?
Do you realize how many biotech companies couldn't hire people this time just because these monsters gobbled up all the H1s:mad: :mad:
That just means these "monsters" are more desperate to hire talented people than the companies you are talking about. Rationing is not an answer here. This is not a communist country. More supply is the answer.
H1 is tailormade to boost the american economy and I firmly believe (just as any other country would wisely do) that the first preferance should be for US companies, OK.
What is a US company? Infosys is listed here. Americans own stocks in most public companies around the world. US has no laws that discriminate against foreign companies. That's why US economy is still rated the most competitive in the world. You want to be more restrictive... What next? Get rid of inter state commerce laws?
If the senators are wise, they will and they should, make it sure this time that this never happens in future. Regarding software, I firmly believe, as somebody mentioned earlier, that they also need to start small training centers everywhere. I dont say that there are not good professionals comming in, but believe me, all those so called mca, pgdca etc etc Man!! some of them even dont know the basics of computer!!
Have you heard "market driven"? If I want to pay my janitor $100/hr why should I have to answer to anybody? Companies hire these people because they find them valuable assets. Who cares if they have mca, pgdca or kjshdj.
We are hurt because it's witch hunting. Nobody knows who applied for how many visas this year, but rumor has it that Microsoft was also near the top. Why not call them also?
Do you realize how many biotech companies couldn't hire people this time just because these monsters gobbled up all the H1s:mad: :mad:
That just means these "monsters" are more desperate to hire talented people than the companies you are talking about. Rationing is not an answer here. This is not a communist country. More supply is the answer.
H1 is tailormade to boost the american economy and I firmly believe (just as any other country would wisely do) that the first preferance should be for US companies, OK.
What is a US company? Infosys is listed here. Americans own stocks in most public companies around the world. US has no laws that discriminate against foreign companies. That's why US economy is still rated the most competitive in the world. You want to be more restrictive... What next? Get rid of inter state commerce laws?
If the senators are wise, they will and they should, make it sure this time that this never happens in future. Regarding software, I firmly believe, as somebody mentioned earlier, that they also need to start small training centers everywhere. I dont say that there are not good professionals comming in, but believe me, all those so called mca, pgdca etc etc Man!! some of them even dont know the basics of computer!!
Have you heard "market driven"? If I want to pay my janitor $100/hr why should I have to answer to anybody? Companies hire these people because they find them valuable assets. Who cares if they have mca, pgdca or kjshdj.
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andy garcia
06-05 04:34 PM
well this memo is taking it one step further than the last memo -
it is saying that the I-140 must be approved before determining portability. which means most likely if you file for portability and your 140 has not been approved then USCIS will be forced to look at your 140 petition and approve it.
You are interpreting as: It must be approved when in reality it means that It should have been already approved in order to make a decision on portability. They can not be forced to approve your I-140 just because you are changing jobs.
it is saying that the I-140 must be approved before determining portability. which means most likely if you file for portability and your 140 has not been approved then USCIS will be forced to look at your 140 petition and approve it.
You are interpreting as: It must be approved when in reality it means that It should have been already approved in order to make a decision on portability. They can not be forced to approve your I-140 just because you are changing jobs.
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sanan
07-07 06:24 PM
I hope we can get a digital copy and utube it
Just saw it. Very good. Covered the basic issue very well.
Just saw it. Very good. Covered the basic issue very well.
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sixpockets
07-02 04:59 PM
Medical exam = $400
Birth certificate=$100
Cancelled trip to India = $600 (me + wife)
Postage = $200
Lawyers fee + Filing fee = $6000 (me+wife) paid by company, wont pay next time.
Mental harrasment = no formula to calculate
Impact on career = massive
Birth certificate=$100
Cancelled trip to India = $600 (me + wife)
Postage = $200
Lawyers fee + Filing fee = $6000 (me+wife) paid by company, wont pay next time.
Mental harrasment = no formula to calculate
Impact on career = massive
more...
gclabor07
12-01 12:21 PM
Pappu,
Thanks for the great analysis. One suggestion for USCIS. They need to make EB GC process a linear one, meaning that you file for labor, then I-140, and I-485 as soon as your first two stages are cleared. Concurrent filing process is a hit or miss. It doesn't make sense anymore when you've so much retrogression.
This linear approach will be good for USCIS for two reasons:
1. They will get constant flow of applications rather than all at once. Plus they can control it by regulating the flow of I-140 approvals.
2. They will be able to better predict the visa movement based on their inventory.
For people like me, it will be good for two reasons:
1. I'll enjoy similar EAD/AP benefits that most of the people enjoy who filed during July 07.
2. No more H1B stamping.
Thanks.
Thanks for the great analysis. One suggestion for USCIS. They need to make EB GC process a linear one, meaning that you file for labor, then I-140, and I-485 as soon as your first two stages are cleared. Concurrent filing process is a hit or miss. It doesn't make sense anymore when you've so much retrogression.
This linear approach will be good for USCIS for two reasons:
1. They will get constant flow of applications rather than all at once. Plus they can control it by regulating the flow of I-140 approvals.
2. They will be able to better predict the visa movement based on their inventory.
For people like me, it will be good for two reasons:
1. I'll enjoy similar EAD/AP benefits that most of the people enjoy who filed during July 07.
2. No more H1B stamping.
Thanks.
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bigboy007
10-29 03:01 PM
your id rightly tells your attitude...we are talking about USCIS delays and you are talking about something else...Join twitter to tweet nonsense, but don't kill a valid topic here.
I think everyone of us are trying to start and dive in to discussion which never ends... Just becoz someone throwing stone doesnt everyone of us has to take up stones. Our problem in discussion in here is reg EAD or our GC's we need a fix if any one still in EAD not received please stand up and post in my thread ...
I think everyone of us are trying to start and dive in to discussion which never ends... Just becoz someone throwing stone doesnt everyone of us has to take up stones. Our problem in discussion in here is reg EAD or our GC's we need a fix if any one still in EAD not received please stand up and post in my thread ...
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mpadapa
06-12 09:58 AM
The bill goes no where after the hearings unless there are enough co-sponsors and CHC members are ok with the bills. Then the house speaker will decide to let the bills be debated and voted on the house floor. If it goes through House then Senate will vote on it and then the Prez signs it off.
So the most important thing is to participate in the phone campaign esp the one targeting CHC members.
what would happen after the hearing? where does it go next?
So the most important thing is to participate in the phone campaign esp the one targeting CHC members.
what would happen after the hearing? where does it go next?
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senthil1
04-09 01:44 PM
One other solution is counting of Cap should be based on starting of employment. Then companies will not apply thousands at a time and they will apply only genuine cases when it is required. Implementation is difficult but there should be a way.
Or instead of lottery some other criteria can be applied like qualification,salary and company
Guys n Gals,
I feel your pain with regards to consulting firms, but do not blame them for your issues. I know quite a few people from top tier universities in India/US who work for consulting firms and make at least 2-3X times money than minimum required for h1b. What is wrong with working for consulting firms? Such over generalizations only display ignorance and I would advise you to stay away from it.
Best of luck with visa lottery. To alleviate your pain I think you should join hands with IV and try to make the GC process a lot faster that way you don't have to worry about H1 at all. If the provision of admin fixes where one gets to apply for 485 without visa numbers being available goes through, you can go directly from Student OPT to 485 EAD.
Or instead of lottery some other criteria can be applied like qualification,salary and company
Guys n Gals,
I feel your pain with regards to consulting firms, but do not blame them for your issues. I know quite a few people from top tier universities in India/US who work for consulting firms and make at least 2-3X times money than minimum required for h1b. What is wrong with working for consulting firms? Such over generalizations only display ignorance and I would advise you to stay away from it.
Best of luck with visa lottery. To alleviate your pain I think you should join hands with IV and try to make the GC process a lot faster that way you don't have to worry about H1 at all. If the provision of admin fixes where one gets to apply for 485 without visa numbers being available goes through, you can go directly from Student OPT to 485 EAD.
more...
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sujith1
12-03 01:47 PM
I do not understand Number 4 : As far as I understand and what lawyers told me - your salary can go up and as long as it does not go below the posted number in your Labor Petition you are fine. But I hear this comment always - This confuses me as to how much truth is there in it.
Most employers use this as an excuse to not raise your salary but that does not mean that you salary cannot be raised if the employer is willing.
1) Life Insurance ... AIG refuses to give me the quot for 30 years (Ready to give me a 20 year term life quot) term life insurance knowing I am on work visa, US GC is in process (Though I did not mention that I am Canadian permanent immigrant). AAA issued me a policy that is 20 years not 30 years (Simply refused) when I gave the proof of Canadian permanent immigration and US GC filing. This is most current experience.
2) After 2001 bubble burst many credit unions stopped taking H1B visa holders as member. I do not know the current practice.
3) I think in illinoi, I have heard that H4 people can't get driving licence simply as they do not have social security. Now legally H4 can not have social security and thus no driving license. ITIN would not be considered for driving license. This story I also heard a while back. I do not know about current situation.
4) In job, you can not have promotion, salary increment (Though Accounting workarounds ultimately can provide you what you want from the company).
5) 401 K investment can become risky if you will have to go out of uSA permanently in a sense of 10 % penalty for early withdraw. Ya, Somebody can say that then do not withdraw. In that case, managing it would be hell by sitting thousands of miles away from US.
6) You can not invest in Educational investments schemes ( Theoratically you can invest and they will take your money gladly) as those are ONE-WAY money, once gone you can not take out, only your children can take out. Now imagine you are on H1.. Invetsed money in eduction schemes for your children. Down the road after 10 years suddenly finding yourself in limbo you go back to your country... money is stuck.. ( I do not have full scale study of workarounds..Someone more elite on this subject can put mor light on this)
7) By any chance if you get kicked out (For whatever reason including you kicked out yourself) from USA before 10 years of work.. you loose all of your social security (Not applicable to people of all other countries, but ceratinly applicable to Indians)
Most employers use this as an excuse to not raise your salary but that does not mean that you salary cannot be raised if the employer is willing.
1) Life Insurance ... AIG refuses to give me the quot for 30 years (Ready to give me a 20 year term life quot) term life insurance knowing I am on work visa, US GC is in process (Though I did not mention that I am Canadian permanent immigrant). AAA issued me a policy that is 20 years not 30 years (Simply refused) when I gave the proof of Canadian permanent immigration and US GC filing. This is most current experience.
2) After 2001 bubble burst many credit unions stopped taking H1B visa holders as member. I do not know the current practice.
3) I think in illinoi, I have heard that H4 people can't get driving licence simply as they do not have social security. Now legally H4 can not have social security and thus no driving license. ITIN would not be considered for driving license. This story I also heard a while back. I do not know about current situation.
4) In job, you can not have promotion, salary increment (Though Accounting workarounds ultimately can provide you what you want from the company).
5) 401 K investment can become risky if you will have to go out of uSA permanently in a sense of 10 % penalty for early withdraw. Ya, Somebody can say that then do not withdraw. In that case, managing it would be hell by sitting thousands of miles away from US.
6) You can not invest in Educational investments schemes ( Theoratically you can invest and they will take your money gladly) as those are ONE-WAY money, once gone you can not take out, only your children can take out. Now imagine you are on H1.. Invetsed money in eduction schemes for your children. Down the road after 10 years suddenly finding yourself in limbo you go back to your country... money is stuck.. ( I do not have full scale study of workarounds..Someone more elite on this subject can put mor light on this)
7) By any chance if you get kicked out (For whatever reason including you kicked out yourself) from USA before 10 years of work.. you loose all of your social security (Not applicable to people of all other countries, but ceratinly applicable to Indians)
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h1techSlave
04-21 01:18 PM
There is no "Prince William County" in Maryland. List of counties in Maryland - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/List_of_counties_in_Maryland)
What we have is a "Prince George's County", which joined the 287 g program in December 2009. St. Mary's County Joins Controversial Federal Immigration Initiative - Southern Maryland Headline News (http://somd.com/news/headlines/2010/11667.shtml)
The article may be talking about "Prince William County" in Virginia, which is participating in 287 g program since 2/26/2008.
Partners (http://www.ice.gov/partners/287g/Section287_g.htm)
PS: I used to be IV donor and also used to contribute my time on IV initiatives. But after seeing that IV is more of an Illegal-immigration Voice rather than Immigration voice, I have stopped my monetary contributions. Hope things will change.
Here is some analysis from Immigration Policy Center
---------------------------------
How Much Will Arizona's Immigration Bill (SB1070) Cost?
April 21, 2010
......
Also in 2007, the county supervisors in Prince William County, Maryland were unwilling to move forward with the police enforcement portion of an immigration law after they found that the price tag would be a minimum of $14 million for five years.
.....
-----------------------------------------
What we have is a "Prince George's County", which joined the 287 g program in December 2009. St. Mary's County Joins Controversial Federal Immigration Initiative - Southern Maryland Headline News (http://somd.com/news/headlines/2010/11667.shtml)
The article may be talking about "Prince William County" in Virginia, which is participating in 287 g program since 2/26/2008.
Partners (http://www.ice.gov/partners/287g/Section287_g.htm)
PS: I used to be IV donor and also used to contribute my time on IV initiatives. But after seeing that IV is more of an Illegal-immigration Voice rather than Immigration voice, I have stopped my monetary contributions. Hope things will change.
Here is some analysis from Immigration Policy Center
---------------------------------
How Much Will Arizona's Immigration Bill (SB1070) Cost?
April 21, 2010
......
Also in 2007, the county supervisors in Prince William County, Maryland were unwilling to move forward with the police enforcement portion of an immigration law after they found that the price tag would be a minimum of $14 million for five years.
.....
-----------------------------------------
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sheela
02-21 03:17 PM
Its beyond my comprehension, If they already have info, why would they come to your home? They just want to hear the same information again from hourse mouth? Just to check whether you are honest in providing information?
Sheela, would you mind sharing a flavor of, if not exact information, are they looking to clarify from employee upon visiting their home? :)
That might provide a better insight into this process as it seems, you are the only one so far who have already gone through this experience.
I beleive it is general audit kind of thing. When informedm my attorney said they do this randomly. I donot know of odd ratio.
Gentleman had general talk: covering all aspects (I donot know if it was audio-recorded
but no paper work).
It started with current job, past employments, about my family, in-laws , about siblings, their jobs but concentrated more on money transfers. I owned property in india on lease and was tranfering $$ to the banks directly. Only personal trf was $6000 to my in-laws and I told him I borrowed this before coming to US owed this money
Sheela, would you mind sharing a flavor of, if not exact information, are they looking to clarify from employee upon visiting their home? :)
That might provide a better insight into this process as it seems, you are the only one so far who have already gone through this experience.
I beleive it is general audit kind of thing. When informedm my attorney said they do this randomly. I donot know of odd ratio.
Gentleman had general talk: covering all aspects (I donot know if it was audio-recorded
but no paper work).
It started with current job, past employments, about my family, in-laws , about siblings, their jobs but concentrated more on money transfers. I owned property in india on lease and was tranfering $$ to the banks directly. Only personal trf was $6000 to my in-laws and I told him I borrowed this before coming to US owed this money
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laborday
07-17 09:29 AM
as expected Nebraska is crawling :mad:
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nk2006
05-15 11:43 AM
Contending that the H-1B visa programme is being abused to displace qualified American workers, two US lawmakers have asked nine foreign-based firms, including some leading Indian companies that used 20,000 of such visas, to disclose details about their workforce and their use of the special programme.
The companies the senators sent letters to were Infosys Technologies, Wipro Ltd., Tata Consultancy Services Ltd., Patni Computer Systems, I-Flex Solutions Inc., Satyam Computer Services Ltd., Larsen & Toubro Infotech Ltd., Tech Mahindra Americas Inc. and Mphasis Corp.
It is actually good. There are abuses in H1B program, some of these companies apply for mass H1B's before the quota is complete. They apply for H1B's even if there is no current requirement. Once the H1B is approved, they will send the employee when there is a requirement and that too for some specific time. This is abuse - genuine companies who go by rules have a lengthy procedure to fill a position: open a req/interview people/if the candidate need a h1 then they will file. By this time all H1's are over. These companies are worse than desi body shops - atleast some of smaller body shops apply for green card; but this big name IT oursourcers named by senators dont apply for greencards (there might very very few exceptions).
The companies the senators sent letters to were Infosys Technologies, Wipro Ltd., Tata Consultancy Services Ltd., Patni Computer Systems, I-Flex Solutions Inc., Satyam Computer Services Ltd., Larsen & Toubro Infotech Ltd., Tech Mahindra Americas Inc. and Mphasis Corp.
It is actually good. There are abuses in H1B program, some of these companies apply for mass H1B's before the quota is complete. They apply for H1B's even if there is no current requirement. Once the H1B is approved, they will send the employee when there is a requirement and that too for some specific time. This is abuse - genuine companies who go by rules have a lengthy procedure to fill a position: open a req/interview people/if the candidate need a h1 then they will file. By this time all H1's are over. These companies are worse than desi body shops - atleast some of smaller body shops apply for green card; but this big name IT oursourcers named by senators dont apply for greencards (there might very very few exceptions).
eager_immi
01-31 01:57 PM
I agree. No filing for 485 hence no Fee for USCIS. Also does this increase in fee mean in increase in effecieny :)
Well, everyone wishes the rumour to be true.
But you know what, to realize the increase in fees for the I-485, they should allow people to file for it. Unless people start filing for I-485's they are not going to make the $2billion in 2 yrs. If retrogression continues, guess the fee increase doesn't make much sense.... Not sure whether I am right or wrong here.
Well, everyone wishes the rumour to be true.
But you know what, to realize the increase in fees for the I-485, they should allow people to file for it. Unless people start filing for I-485's they are not going to make the $2billion in 2 yrs. If retrogression continues, guess the fee increase doesn't make much sense.... Not sure whether I am right or wrong here.
lacrossegc
11-30 12:31 AM
Guys,
off late we have been getting a steady stream of good news, updates , changes mostly to our favor.
It is not because someone in govt thought of giving us a break (if they did then I say give him/her a promotion/ merit increase what ever)....
It IS because people just like YOU fought for it....
Support IVs efforts ... these guys are putting their heart and soul into it... these guys are trying to help you fight.... these guys are one of YOU.
We ALL share a common goal,
Piece by piece, amendment by amendment, exec order by exec order, slowly but surely they will try and do the best they can to make your lives easier, OUR lives easier.
Please help .... donate to sustain OUR efforts.
off late we have been getting a steady stream of good news, updates , changes mostly to our favor.
It is not because someone in govt thought of giving us a break (if they did then I say give him/her a promotion/ merit increase what ever)....
It IS because people just like YOU fought for it....
Support IVs efforts ... these guys are putting their heart and soul into it... these guys are trying to help you fight.... these guys are one of YOU.
We ALL share a common goal,
Piece by piece, amendment by amendment, exec order by exec order, slowly but surely they will try and do the best they can to make your lives easier, OUR lives easier.
Please help .... donate to sustain OUR efforts.
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