SKK2004
08-25 01:20 PM
PD Aug 2004, EB-2 India
I-140/I-485 applied - August 2007 at TSC (non-concurrent)
I-140 approval - March 2008
Spouse 485/AP/EAD applied - August 2008 (received receipt notices)
Self EAD applied - August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
I-140/I-485 applied - August 2007 at TSC (non-concurrent)
I-140 approval - March 2008
Spouse 485/AP/EAD applied - August 2008 (received receipt notices)
Self EAD applied - August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
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diptam
07-04 07:54 PM
I worked with a MNC for 4 yr 10 months at US soil and they ruined my GC saying that they want me more at Offshore (India ).... I got intelligence about this planning about 3 months earlier from a real good friend of mine ... So i arranged a H1B Job with a Desi consulting company in this 3 months and when they asked me to go back To India - you know what finger i've shown them.
Now this desi consulting company kept their words with salary,applied for LC quickly( because my H1 was close to 6 yrs) and i'm with them for 2.5 yrs . Now when i reached them for a employer letter for 485 they changed colors and asked me to sign a 10K bond for staying with them 1 year after GC ( which is an indeterminate period given retrogression)
Which employer would you call better ?? :)
Problem is not only with the desi companies! If you work for the so called MNC, still you will be exploited. At least if you convince your desi employer that you will work for them for X number of years, they will be ready to help you. Sometimes they will go beyond the legal limits if the get return from you. Not true with MNCs. In the name of abiding the law, the will not help you. I have seen many people work MNCs, just at the verge of getting the GC, they got laid off! No need for me to tell what happened to his GC.
So in my opinion the best way to get your GC is go thru the blood suckers! That is the price you have to pay to become citizen of this "Land of Opportunity".
Now this desi consulting company kept their words with salary,applied for LC quickly( because my H1 was close to 6 yrs) and i'm with them for 2.5 yrs . Now when i reached them for a employer letter for 485 they changed colors and asked me to sign a 10K bond for staying with them 1 year after GC ( which is an indeterminate period given retrogression)
Which employer would you call better ?? :)
Problem is not only with the desi companies! If you work for the so called MNC, still you will be exploited. At least if you convince your desi employer that you will work for them for X number of years, they will be ready to help you. Sometimes they will go beyond the legal limits if the get return from you. Not true with MNCs. In the name of abiding the law, the will not help you. I have seen many people work MNCs, just at the verge of getting the GC, they got laid off! No need for me to tell what happened to his GC.
So in my opinion the best way to get your GC is go thru the blood suckers! That is the price you have to pay to become citizen of this "Land of Opportunity".
Lisap
09-01 07:33 PM
Hi Lisap
How come you have EAD card even before the Checks have been cashed?
i thought Uscis first cashes the checks
thanks
Thats a really good question and I am not sure what to do about it. I checked my account today and still the checks have not been cashed....
How come you have EAD card even before the Checks have been cashed?
i thought Uscis first cashes the checks
thanks
Thats a really good question and I am not sure what to do about it. I checked my account today and still the checks have not been cashed....
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zeta7
03-23 11:35 AM
First of all, when you land in Canada, do not tell them that you are there for a short while and you will go back to USA may be next day. They dislike it. I wasn't given the best treatment and they did not put a request for PR card in the system. It is their way of penalizing you for having Canada PR as a second option. I came back to USA very next day by road and called CIC Canda, they took my friend's address in Canada and mailed the PR card. She said, Immigration officer should have put a PR card request in the system. Canadian immigration officers very well know that there is 200 mile long GC line in the US and people are using Canada as a backup plan. I guess they dislike being a "backup plan".
Now, let us say that your US VISA is expired on your passport, you can still go to Canada and come back to USA after claiming your PR status in Cananda. Automatic VISA revalidation rule gives you the ability to come back to USA even with an expired VISA but approved I-797 under 2 conditions -
1. You stayed in Canda for less than 30 days.
2. You did not apply for US VISA in Canada and got rejected.
One more thing, when you fly back from Canada to USA, your immigration happens in Canadian airport itself. So you will land in US domestic airport and walk as if you are coming out of a domestic flight. Hope it helps. Good Luck.
Thanks for the reply kumar1. However, I never left the country after changing from F1 to H1b status, so I don't even have an "expired" H1b visa stamp in my passport, just an expired F1 stamp. I don't know if that will complicate AVR, so was planning on using my AP.
Were you in a pending 485 when you returned after landing in Canada? Any issues with US immigration? That is my main concern; I especially don't like the idea of having an RFE attached to my 485 because of this.
Also, can you comment on this plan I've been considering: I'd like to visit India too, so how about if I fly to Canada, get my Canadian landing taken care of, then fly to India from Canada, spend some two weeks in India, then return to the U.S. using my AP. Can you think of additional potential problems there?
Thanks!
Now, let us say that your US VISA is expired on your passport, you can still go to Canada and come back to USA after claiming your PR status in Cananda. Automatic VISA revalidation rule gives you the ability to come back to USA even with an expired VISA but approved I-797 under 2 conditions -
1. You stayed in Canda for less than 30 days.
2. You did not apply for US VISA in Canada and got rejected.
One more thing, when you fly back from Canada to USA, your immigration happens in Canadian airport itself. So you will land in US domestic airport and walk as if you are coming out of a domestic flight. Hope it helps. Good Luck.
Thanks for the reply kumar1. However, I never left the country after changing from F1 to H1b status, so I don't even have an "expired" H1b visa stamp in my passport, just an expired F1 stamp. I don't know if that will complicate AVR, so was planning on using my AP.
Were you in a pending 485 when you returned after landing in Canada? Any issues with US immigration? That is my main concern; I especially don't like the idea of having an RFE attached to my 485 because of this.
Also, can you comment on this plan I've been considering: I'd like to visit India too, so how about if I fly to Canada, get my Canadian landing taken care of, then fly to India from Canada, spend some two weeks in India, then return to the U.S. using my AP. Can you think of additional potential problems there?
Thanks!
more...
Mount Soche
11-06 02:27 PM
I'm a july filer (July 16th)
have gotten EAD
Case status online says AP approved on Nov 2nd.
But NO FP.
Opened a SR on Oct 19th but don't have an appointment.
Called again yesterday and was told to call back on Nov 19th if I still don't have FP appointment.
Of the 6 filers at my job, only 2 got FP...very strange.
FYI, when I called the USCIS, they said it is very unusual not to get FP right after receipt notices. Apparently, the FP appointments are sent "automatically" after the receipts are generated/sent etc. That's what the USCIS rep told me anyways and she opened a SR on her own based on the info I gave her that my FP appointment hadn't arrived after over 100 days.
have gotten EAD
Case status online says AP approved on Nov 2nd.
But NO FP.
Opened a SR on Oct 19th but don't have an appointment.
Called again yesterday and was told to call back on Nov 19th if I still don't have FP appointment.
Of the 6 filers at my job, only 2 got FP...very strange.
FYI, when I called the USCIS, they said it is very unusual not to get FP right after receipt notices. Apparently, the FP appointments are sent "automatically" after the receipts are generated/sent etc. That's what the USCIS rep told me anyways and she opened a SR on her own based on the info I gave her that my FP appointment hadn't arrived after over 100 days.
Refugee_New
08-18 02:53 PM
Ok people, the *F* bomb is being thrown about a LITTLE too much here.
Wasn't that appropriate here? Aren't they use this word in day to day life?
Wasn't that appropriate here? Aren't they use this word in day to day life?
more...
pitha
07-09 11:47 AM
The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
============================
My points -
a. 140k GCs are NOT available on Oct 1st. Only 27% (37,800) are available and are subject to 7% country cap. DoS estimated the PD based on the number of I-485 applications pending and other related factors.
b. A person can file I-485 as long as his PD is before PD mentioned in the visa bulletin. This is how "immediately available" is defined.
c. Since revised visa bulletin update states that no visa number is available for FY USCIS, by law, can not accept new I-485 applications.
______________________
Not a legal advice.
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akhilmahajan
02-10 07:58 PM
Thanks a lot piyushvora and malibuguy007.
Grand Total - $1301
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Contributed $21 - will do another $21 at 5K
Payee Amount Deliver By ConfirmationNumber Action
Immigration voiceIV $ 21.00 02/18/09 8MXJL-95FVF
Grand Total - $1301
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Contributed $21 - will do another $21 at 5K
Payee Amount Deliver By ConfirmationNumber Action
Immigration voiceIV $ 21.00 02/18/09 8MXJL-95FVF
more...
summerof98
06-06 09:34 AM
Sent I-485 application on May 31st. Received at NSC on June 1 (9.08 a.m.)
Not received the receipt numbers yet.
Not received the receipt numbers yet.
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ramus
07-08 05:57 PM
I was working on DC but so far just received 30 votes..
Like I said I will talk to core members if only we have 1000 members who wants to do it in DC on July 14th.. So many members are online but they don't even want to take a poll.. I don't know what to expect from members..
Hi,
I have thrown a challenge to IV DC chapter about who will get a bigger gathering on 07/14, San Jose or D.C.
Our Chinese friends are also posting this at Chinese grocery store, on websites and also at local news forums.
I need volunteers in bay area! Please send me a PM with your e-mail address, if possible phone numbers and a good time to contact so that we can spread the word in Bay area. I already have one volunteer need more.
Like I said I will talk to core members if only we have 1000 members who wants to do it in DC on July 14th.. So many members are online but they don't even want to take a poll.. I don't know what to expect from members..
Hi,
I have thrown a challenge to IV DC chapter about who will get a bigger gathering on 07/14, San Jose or D.C.
Our Chinese friends are also posting this at Chinese grocery store, on websites and also at local news forums.
I need volunteers in bay area! Please send me a PM with your e-mail address, if possible phone numbers and a good time to contact so that we can spread the word in Bay area. I already have one volunteer need more.
more...
akhilmahajan
02-09 03:30 PM
Thanks a lot WaitingForMyGC.
Grand Total - $463
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Here is my contribution $20 Deliver Date 02/13
BofA Transaction Id:8MT05-DR95T
Grand Total - $463
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Here is my contribution $20 Deliver Date 02/13
BofA Transaction Id:8MT05-DR95T
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krishuscis
07-09 08:55 PM
my 2cents suggestion...
1) Can we advertise about this rally in our grocery shops....
2) Can we bring our family memembers also.......
1) Can we advertise about this rally in our grocery shops....
2) Can we bring our family memembers also.......
more...
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bigboy007
05-12 01:07 AM
the title of thread suggests the meaning of divided interests... i think we all are ignoring one thing, lets say for ex. the administration changes its tune and makes all dates current. Then is that going to solve our problems will every one get GC right away? I dont know for sure what is the rationale for dates movement either becoz of demand of USCIS or any further directives but one thing for sure... Till Numerical limits disappear ( either by allowing recapture or eliminating country limits) no light in sight... May be it Flower campaign by "EBX" when EBX gets retrogressed is good for words...
Recap is best bet , becoz with political support rest of world has its not that easy to make a law that will eliminate country limits.. It is there to help for some select countries and keep developing countries at bay.
You got it just right. Dear friend, this is the truth for immigrant community. Everyone here stands for their own GC, how can we expect others to fight for you. So as and when USCIS hurts different categories, people come here and form a loosely coupled organization.
Recap is best bet , becoz with political support rest of world has its not that easy to make a law that will eliminate country limits.. It is there to help for some select countries and keep developing countries at bay.
You got it just right. Dear friend, this is the truth for immigrant community. Everyone here stands for their own GC, how can we expect others to fight for you. So as and when USCIS hurts different categories, people come here and form a loosely coupled organization.
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ski_dude12
08-26 03:33 PM
Even my case was transferred from NSC to TSC. My I-485 receipt has receipt date as July 3 2007 but the notice date is September 7 2007. My A# is on the receipt but no PD.
I'm seeing lots of folks being greened whose PD is after us. Is it possible that they have PD on their 485 (because I-140 concurrently filed) and so it was picked up by officer? I guess it's not.
In response to infopass officer's request to expedite, I received letter from USCIS (within a week) . It shows my receipt# correct but shows filing date 10/10/2007. Actually, this is receipt date of case transfer to TSC from NSC.
I'm seeing lots of folks being greened whose PD is after us. Is it possible that they have PD on their 485 (because I-140 concurrently filed) and so it was picked up by officer? I guess it's not.
In response to infopass officer's request to expedite, I received letter from USCIS (within a week) . It shows my receipt# correct but shows filing date 10/10/2007. Actually, this is receipt date of case transfer to TSC from NSC.
more...
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english_august
07-10 04:53 PM
In the past week, the "Protest Blooms" campaign notched up the following wins:
Times of India article
Buzz in the blogosphere
Attention from many attorney websites and blogs
Had a Washington Post journalist show interest in our issue and had tens of our members talk to her - which should result in a good article. How many times have we seen so many regular members of IV being able to speak to a reporter of a mainstream US publication on our issues?
Had a senior Reuters editor talk to many of us and he promised a sustained coverage of our issues
Had a senior reporter from New York Times talk to me
Had the footage of this entire event shown on CNN in India
Had many small media outlets which never cover these kind of issues, cover it (in smaller towns in MN and NY)
Created a sense of action in the community which was feeling pretty dejected after the USCIS fiasco
Had USCIS director react to us
Had so much interest generated that the IV website was brought down J
Brought a great deal of attention to IV (see previous point)And all this was accomplished with a severe time crunch. The grassroots effort involved in this campaign was unbelievable - thanks to everyone who kept the faith.
Was the point of this campaign to have our flowers be decorated on the desk of the director of USCIS? I don't think so. The word again was "symbolic" and that purpose is served whether the flowers are in boxes or in full view of the world.
Would it have made for better visuals if the flowers were in full view? Sure. Is there a way to improve upon every campaign? Sure.
Let us learn from what went right and what went wrong and use this to better execute all future events.
Times of India article
Buzz in the blogosphere
Attention from many attorney websites and blogs
Had a Washington Post journalist show interest in our issue and had tens of our members talk to her - which should result in a good article. How many times have we seen so many regular members of IV being able to speak to a reporter of a mainstream US publication on our issues?
Had a senior Reuters editor talk to many of us and he promised a sustained coverage of our issues
Had a senior reporter from New York Times talk to me
Had the footage of this entire event shown on CNN in India
Had many small media outlets which never cover these kind of issues, cover it (in smaller towns in MN and NY)
Created a sense of action in the community which was feeling pretty dejected after the USCIS fiasco
Had USCIS director react to us
Had so much interest generated that the IV website was brought down J
Brought a great deal of attention to IV (see previous point)And all this was accomplished with a severe time crunch. The grassroots effort involved in this campaign was unbelievable - thanks to everyone who kept the faith.
Was the point of this campaign to have our flowers be decorated on the desk of the director of USCIS? I don't think so. The word again was "symbolic" and that purpose is served whether the flowers are in boxes or in full view of the world.
Would it have made for better visuals if the flowers were in full view? Sure. Is there a way to improve upon every campaign? Sure.
Let us learn from what went right and what went wrong and use this to better execute all future events.
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buddyinsd
08-27 12:38 PM
Another case I can remember is andycool on this forum
Thanks, hopefully my spouse gets her approval soon. She got SLUD on 8/21 and is current.
Thanks, hopefully my spouse gets her approval soon. She got SLUD on 8/21 and is current.
more...
makeup pictures tattoo Rick Ross was
acecupid
07-03 01:26 PM
This is great guys... I'm going to order the flowers right away. But make sure everyone signs off as 'Victim of revised visa bulletin', otherwise Mr. Gonzalez might think we are commending him for the good work. Make sure its clear that this message is in protest! :)
girlfriend Rick Ross and Diddy go NUTS
satish_hello
09-08 02:08 PM
I Just checked all my checks are encashed for me and my wife.
It shows my check WAC. i don't know what service center this is from.everyone will get it soon.It is on the way
Regards
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 approved @NSC
I-485 - Delivered july6th at NSC
CheckCashed-?
RD - ?
ND-?
AD -?
Edit/Delete Message
It shows my check WAC. i don't know what service center this is from.everyone will get it soon.It is on the way
Regards
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 approved @NSC
I-485 - Delivered july6th at NSC
CheckCashed-?
RD - ?
ND-?
AD -?
Edit/Delete Message
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pappu
07-21 10:08 AM
IV will have more money to do advocacy events like the one that just happened. More media spending, more coverage.
This is correct. You not only need funds but also lot of warm sweaty bodies. !!
We need many people working everyday continuously over a period of time. It cannot be --"As and when I get time, i will try. Or I am already contributing by posting ideas on the forum. Or I am EB2 and my date will be current soon so I do not really care, I am not desperate for green card so do not bother me by contacting me. Or IV is for EB2 and I am EB3. Or IV is for Indians and I am ROW." Stop thinking IV just a forum like other forums of lawyers or trackers where the aim is to make money from the long wait and run a business. Here we want to fix the problem so that we no longer need Immigration Voice and all of us can move on in our lives and professional careers.
There have been times when we evaluated our decision of continuing this work after hearing lot of negative comments from our community or seeing lack of participation. A recent proof is the recent funding drive for advocacy day and our thousands of phone calls to members asking them to come to DC. It is not easy to organize any event and it takes lot of planning and funds. None of the members who used to write negative posts after every visa bulletin urging IV to do an event in DC came to DC event or even contributed. Many in the IV team are still involved with this effort even after getting their greencards only to succeed in what we all started out to do together. The commitment needs to be there so that many people can help out even during the day time. One option is for members to have their homemaker spouses volunteer for IV work. We have so many ideas we can work on if there are more sincere people who commit to helping out. Funds are also important. AILA has a budget of 13 million dollars/yr and they can do a lot in terms of advocacy, filing lawsuits, talking with offices on regular basis, organizing conferences each year where lawyers pay to hear USCIS officials, media outreach, meeting other organizations etc etc . They have people in DC to go and meet offices on daily basis. Likewise anti-immigrants too have millions of dollar budgets. You do not see their forums filled with posts of infighting. suspicion and baseless arguments that we have. Many of our posts do not even project us as well educated and mature individuals. We can blame whoever we want-- employers, government, lawyers, karma.... but the real reason why this retrogression problem still exists is because all of us in the community have allowed it to exist. Only we are responsible for the success and failure of our efforts. Nothing is impossible if we have strength and resolve to advocate our issues.
This is correct. You not only need funds but also lot of warm sweaty bodies. !!
We need many people working everyday continuously over a period of time. It cannot be --"As and when I get time, i will try. Or I am already contributing by posting ideas on the forum. Or I am EB2 and my date will be current soon so I do not really care, I am not desperate for green card so do not bother me by contacting me. Or IV is for EB2 and I am EB3. Or IV is for Indians and I am ROW." Stop thinking IV just a forum like other forums of lawyers or trackers where the aim is to make money from the long wait and run a business. Here we want to fix the problem so that we no longer need Immigration Voice and all of us can move on in our lives and professional careers.
There have been times when we evaluated our decision of continuing this work after hearing lot of negative comments from our community or seeing lack of participation. A recent proof is the recent funding drive for advocacy day and our thousands of phone calls to members asking them to come to DC. It is not easy to organize any event and it takes lot of planning and funds. None of the members who used to write negative posts after every visa bulletin urging IV to do an event in DC came to DC event or even contributed. Many in the IV team are still involved with this effort even after getting their greencards only to succeed in what we all started out to do together. The commitment needs to be there so that many people can help out even during the day time. One option is for members to have their homemaker spouses volunteer for IV work. We have so many ideas we can work on if there are more sincere people who commit to helping out. Funds are also important. AILA has a budget of 13 million dollars/yr and they can do a lot in terms of advocacy, filing lawsuits, talking with offices on regular basis, organizing conferences each year where lawyers pay to hear USCIS officials, media outreach, meeting other organizations etc etc . They have people in DC to go and meet offices on daily basis. Likewise anti-immigrants too have millions of dollar budgets. You do not see their forums filled with posts of infighting. suspicion and baseless arguments that we have. Many of our posts do not even project us as well educated and mature individuals. We can blame whoever we want-- employers, government, lawyers, karma.... but the real reason why this retrogression problem still exists is because all of us in the community have allowed it to exist. Only we are responsible for the success and failure of our efforts. Nothing is impossible if we have strength and resolve to advocate our issues.
sayonara
08-30 04:38 PM
Got the receipts for 485 applied on July 2nd to NSC. NSC--> TSC transfer. Notice date of 8/23.
Congrats - Did u file on July 2nd?
Congrats - Did u file on July 2nd?
GCard_Dream
05-23 12:27 PM
Sent emails to 4 Senators so far and continuing with the rest.
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