GCard_Dream
12-13 01:18 PM
I am sure this topic will come up again and again when new members join. We recently had quite a few (over a thousand) new members join IV and as the word gets around, there will be even more interest in IV and new members/non-members will visit the site and ask questions. I don't think we should expect everyone (new or old members) to know everything that was discussed in this forum from day one. That's not practical.
Every few days I see a new thread that is asking for information on how to change from EB3 to EB2. There are literally hundred or so threads that talks about this issue yet still new threads pop up regularly asking the same info. This is bound to happen and can't be stopped.
If you know that a topic has been covered somewhere, making a link available would be very helpful. If you think that a certain topic is brought up on a regular basis, may be we should make that thread sticky or have that information on homepage or somewhere where it's easily accessible.
We can always argue that members can do their own search on the forum. While that's true, if we know the answer and can quickly make that available to members, I think we'll be doing a service to our members. Just a thought.
All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.
- IV has indepth explored and studied this option and have found that this change is not possible administratively.
- we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
- In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
- Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
- If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.
Hope this explains this topic. Thanks
Every few days I see a new thread that is asking for information on how to change from EB3 to EB2. There are literally hundred or so threads that talks about this issue yet still new threads pop up regularly asking the same info. This is bound to happen and can't be stopped.
If you know that a topic has been covered somewhere, making a link available would be very helpful. If you think that a certain topic is brought up on a regular basis, may be we should make that thread sticky or have that information on homepage or somewhere where it's easily accessible.
We can always argue that members can do their own search on the forum. While that's true, if we know the answer and can quickly make that available to members, I think we'll be doing a service to our members. Just a thought.
All , this subject has been raised very often and every time new members join in they start a thread and start questioning it.
- IV has indepth explored and studied this option and have found that this change is not possible administratively.
- we have not just met a lawyer. we have met few lawyers. we also have communicated with USCIS in the past.
- In the past some administrative changes have been done by USCIS, but this change cannot be done by them. All, we already had this idea long long ago and we also thought that why dont we do it if it so simple and then we dont have to go through all the legislative hurdles. But NO it cannot be done by USCIS.
- Faxing USCIS will not work. USCIS does not take policy decisions. We need to approach policy makers to get it done and that is what we are doing. By coming up with ideas, endlessly discussing despite explaination by IV and not working with IV action items we will all go in divergent directions and lose focus on the main action items we want each every member should focus. If you really feel for some idea and want to help, instead of asking IV to give explanation to every question on the forum, contact any of the active IV core members on the forum and bounce ideas. We need people with ideas and also same people willing to work on them too.
- If it was possible to get it done administratively, then in the current Skil bill push we would have/ and lawmakers would also have just asked USCIS to implement it.
Hope this explains this topic. Thanks
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somegchuh
12-27 03:28 PM
I think the bottomline is not having a GC causes you so much general grief in life that even if you were in a perfect job on H1 and your spouse had a perfect job on H1, you would still want GC just to circumvent these issues with transit and financial institutions.
I know every time my wife or I fly anywhere, we are concerned about transit visas. Anytime you try to open an account, you are concerned. Different state DMV's act differently. Heck, even people in same DMV office in same city interpret rules differently when it comes to H1. I know ppl who have had trouble in CA getting a license because their H1 extension pending and I know ppl whose licenses were mailed to them with validity for another 5 years!
I know every time my wife or I fly anywhere, we are concerned about transit visas. Anytime you try to open an account, you are concerned. Different state DMV's act differently. Heck, even people in same DMV office in same city interpret rules differently when it comes to H1. I know ppl who have had trouble in CA getting a license because their H1 extension pending and I know ppl whose licenses were mailed to them with validity for another 5 years!
Rakson
03-17 04:40 PM
How do you guys find out what job code your H1B/labor was filed under?
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
>>>Check your Perm Labor Section F column 2
My Question is>>
My case was filed using labor substitution. How can I find this info?
Thanks!
Rakson.
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
>>>Check your Perm Labor Section F column 2
My Question is>>
My case was filed using labor substitution. How can I find this info?
Thanks!
Rakson.
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Aah_GC
12-12 03:01 PM
Great point -- never thought of it this way before.
addsf345, you are attacking people. Grow up and quit doing that. Attack my views if you want to attack. No one has answered my question yet - If we are so "highly skilled", why no one is listening to us in this country. Kavita, I do not know about your field but in my field, IT, I see so many people, wanting to live in this country at any cost. They would work for any salary, they are OK to get relocated 6 times in a year, they would put up with any BS imposed by desi employers, but they would never go back. Now, I do not think they are "required" here. They are fighting to survive here. Again, nothing wrong in fighting to survive but to say that I am "required" here is a bit far from reality. If they (so called required population fighting for green card) leave tomorrow, nothing will change.
America wants us as a temporary worker, with emphasis on the word temporary. America has no incentive to give us Green Cards. You work for 6 years, pay social security and Medicare and then pack up your bag and go back. Thank you very much, we appreciate your business. Don't you see it written on the wall? Especially those who are in EB3-I category? I can see it!
Is country quota in EB category justified? Hell No. But you know what - if you remove that then entire EB system would be high jacked by Indians, just like they have high jacked H1-B and L-1 visa category. So much so that IMHO H1-B visa has lost its sole purpose. It was designed to give American companies the ability to hire talented people from other countries. It wasn't designed for Desi employers to hire desi consultants and then make those desi consultants run coast to coast looking for projects. Infosys and Satyam can open up shops on US soil and can call themselves American companies but you and I both know the fact, how American those companies are! So, being in EB3-I category, and after living here for almost 8 years on temporary visa, I can feel the pain, but in some part we are also responsible for this mess.
Once again, only grown ups are requested to reply. Thank you.
addsf345, you are attacking people. Grow up and quit doing that. Attack my views if you want to attack. No one has answered my question yet - If we are so "highly skilled", why no one is listening to us in this country. Kavita, I do not know about your field but in my field, IT, I see so many people, wanting to live in this country at any cost. They would work for any salary, they are OK to get relocated 6 times in a year, they would put up with any BS imposed by desi employers, but they would never go back. Now, I do not think they are "required" here. They are fighting to survive here. Again, nothing wrong in fighting to survive but to say that I am "required" here is a bit far from reality. If they (so called required population fighting for green card) leave tomorrow, nothing will change.
America wants us as a temporary worker, with emphasis on the word temporary. America has no incentive to give us Green Cards. You work for 6 years, pay social security and Medicare and then pack up your bag and go back. Thank you very much, we appreciate your business. Don't you see it written on the wall? Especially those who are in EB3-I category? I can see it!
Is country quota in EB category justified? Hell No. But you know what - if you remove that then entire EB system would be high jacked by Indians, just like they have high jacked H1-B and L-1 visa category. So much so that IMHO H1-B visa has lost its sole purpose. It was designed to give American companies the ability to hire talented people from other countries. It wasn't designed for Desi employers to hire desi consultants and then make those desi consultants run coast to coast looking for projects. Infosys and Satyam can open up shops on US soil and can call themselves American companies but you and I both know the fact, how American those companies are! So, being in EB3-I category, and after living here for almost 8 years on temporary visa, I can feel the pain, but in some part we are also responsible for this mess.
Once again, only grown ups are requested to reply. Thank you.
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sameer2730
03-12 11:19 AM
At least the money is put to some use and results are tangible, how about the results in here?
Refer to my posts.
IV core needs to explain!
What is tangible. If I take $20 from you to buy a movie ticket and fetch it from you and simply buy it for you is that tangible. The same is true with lawyers taking $700 and getting an EAD. You could do it yourself but assume its safer to do it via someone in whose self interest it is if your case has problems.
Refer to my posts.
IV core needs to explain!
What is tangible. If I take $20 from you to buy a movie ticket and fetch it from you and simply buy it for you is that tangible. The same is true with lawyers taking $700 and getting an EAD. You could do it yourself but assume its safer to do it via someone in whose self interest it is if your case has problems.
h1techSlave
03-17 01:55 PM
People with PD having DEC 2003 and before will have fair chance as well.
Are you saying EB3-India visa date will be set as Jan 2004 by USCIS some time soon? I thought they kept saying that EB3-India dates would move very slowly only. So from the current Oct 2001 to Jan 2004 is a very long and narrow road.
Are you saying EB3-India visa date will be set as Jan 2004 by USCIS some time soon? I thought they kept saying that EB3-India dates would move very slowly only. So from the current Oct 2001 to Jan 2004 is a very long and narrow road.
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Deaddocus
03-15 07:57 AM
Modern knights, :D *ducks*
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unitednations
12-22 02:34 PM
this is our history...
1.was working with employer B in June 07(when PD was current for EB2/Oct 2003-India)...went to attorney to file 485 with approved 140 thru ex employer A. filled in all the paperwork for 485,but the attorney was asking for a current employment letter from B with exact skills mentioned on labor and the employer B was not ready to give such a letter and hence we planned to find a new employer and file for 485 in July.
2. In June end found this new current employer C and planned to file 485 in July and all the fiasco scene happened...anyway...in August we filed the 485 with a current employer letter from C with all the skills matching the labor..till here fine.
NOW...we got a copy of the bunch of 48 documents sent to INS from the atnys office...I had given the latest 325a form
current employer C : July 07 - current
employer B : Jan 2006 - June 2007
employer A : June 2003 - Dec 2005 (who filed for labor/i140)
the shitty paralegal now submitted the 325a from submitted in June 07 where the current employer B was the latest.... + the current employment letter of C + 485 employment offer letter from A
She had whitened out the date on the 325a form signed on June 07 and changed it to Aug 07 to my utter shock....
when I call back..she says we will handle any RFE's...
quite worried as the 325a form already says something like 'all info disclosed is truthful'... etc and the fine print..
pls post your thoughts and comments..
hope I dint confuse
Pretty confusing situation. Don't know why you even put in an experience letter from a company which doesn't have anything to do with the petition.
I am aware of a couple of cases where uscis did deny on such issues (g-325a not matching up with h-1b approvals, etc.). However, affidavits and such to say it was an honest mistake took care of the issue.
You might be able to appreciate this story:
I worked on an ability to pay case for a company in ohio. Person got approved and was then waiting for 485 approval.
He contacts me many months later and tells me that he got this rfe. The jest of the rfe was:
You claim to have never filed a 485 adjustment of status application. However; our search of records show that you filed a 485 on xxx date in xx office as a marriage base applicant. It appears that you are not eligible for a waiver of the interview requirement for adjustment of status.
Now; i truly believe that his current wife (from india) never knew about this marriage (his family and friends didn't know either). he tried to blame it on his lawyer that they never asked him and they just defaulted that he never filed for a 485. Pretty weak excuse. However; they responded to the 485 that everything was in such a rush to file the 485 that he didn't have a chance to look it all over and it was an honest mistake. He didn't get called for an interview and they approved his case.
Now; if the record of his marriage base application had shown that he was caught in fraudulent marriage; he never got divorced and re-married or there was something that went wrong with his earlier case then it may have been a different story. However; since nothing was wrong with that application; the officer let him off the hook because it was an honest mistake.
1.was working with employer B in June 07(when PD was current for EB2/Oct 2003-India)...went to attorney to file 485 with approved 140 thru ex employer A. filled in all the paperwork for 485,but the attorney was asking for a current employment letter from B with exact skills mentioned on labor and the employer B was not ready to give such a letter and hence we planned to find a new employer and file for 485 in July.
2. In June end found this new current employer C and planned to file 485 in July and all the fiasco scene happened...anyway...in August we filed the 485 with a current employer letter from C with all the skills matching the labor..till here fine.
NOW...we got a copy of the bunch of 48 documents sent to INS from the atnys office...I had given the latest 325a form
current employer C : July 07 - current
employer B : Jan 2006 - June 2007
employer A : June 2003 - Dec 2005 (who filed for labor/i140)
the shitty paralegal now submitted the 325a from submitted in June 07 where the current employer B was the latest.... + the current employment letter of C + 485 employment offer letter from A
She had whitened out the date on the 325a form signed on June 07 and changed it to Aug 07 to my utter shock....
when I call back..she says we will handle any RFE's...
quite worried as the 325a form already says something like 'all info disclosed is truthful'... etc and the fine print..
pls post your thoughts and comments..
hope I dint confuse
Pretty confusing situation. Don't know why you even put in an experience letter from a company which doesn't have anything to do with the petition.
I am aware of a couple of cases where uscis did deny on such issues (g-325a not matching up with h-1b approvals, etc.). However, affidavits and such to say it was an honest mistake took care of the issue.
You might be able to appreciate this story:
I worked on an ability to pay case for a company in ohio. Person got approved and was then waiting for 485 approval.
He contacts me many months later and tells me that he got this rfe. The jest of the rfe was:
You claim to have never filed a 485 adjustment of status application. However; our search of records show that you filed a 485 on xxx date in xx office as a marriage base applicant. It appears that you are not eligible for a waiver of the interview requirement for adjustment of status.
Now; i truly believe that his current wife (from india) never knew about this marriage (his family and friends didn't know either). he tried to blame it on his lawyer that they never asked him and they just defaulted that he never filed for a 485. Pretty weak excuse. However; they responded to the 485 that everything was in such a rush to file the 485 that he didn't have a chance to look it all over and it was an honest mistake. He didn't get called for an interview and they approved his case.
Now; if the record of his marriage base application had shown that he was caught in fraudulent marriage; he never got divorced and re-married or there was something that went wrong with his earlier case then it may have been a different story. However; since nothing was wrong with that application; the officer let him off the hook because it was an honest mistake.
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looivy
02-14 03:23 AM
However, the immigration policy has been Europe friendly. They allowed free flow of white Europeans during 19th and a good part of 20th century. No doubt that these Europeans who came also struggled initially.
The recent policy is to block non-English speaking Mexicans. Why shoudl language and to some extent race be a factor?
The recent policy is to block non-English speaking Mexicans. Why shoudl language and to some extent race be a factor?
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yabadaba
08-21 02:32 PM
luvschocolates: not sure what you are looking for from an employment based immigration site?
You have broken the law and you are illegally here. End of story. Even if there is no one here that will do the job that you do, there has to be documentation that proves that. Immigration law is one of the most complicated laws out there and other than a few categories like family based immigration or diversity lottery based immigration, most forms are extremely complex and reguire legal guidance to do so.
Yours is an open and shut case, no lawyer worth his salt will take you case up for free. Like a poster said earlier, ignorance of the law does not allow you to break it.
By your analogy, if I come from a country where there are no seat belt laws and using my international driver's permit I drive a car without weaing a seatbelt, does not make it ok. When caught, I will be arrested and fined.
In your case it would be easier for you to leave by yourself, rather than risk being deported and getting a 10 year entry ban.
You have broken the law and you are illegally here. End of story. Even if there is no one here that will do the job that you do, there has to be documentation that proves that. Immigration law is one of the most complicated laws out there and other than a few categories like family based immigration or diversity lottery based immigration, most forms are extremely complex and reguire legal guidance to do so.
Yours is an open and shut case, no lawyer worth his salt will take you case up for free. Like a poster said earlier, ignorance of the law does not allow you to break it.
By your analogy, if I come from a country where there are no seat belt laws and using my international driver's permit I drive a car without weaing a seatbelt, does not make it ok. When caught, I will be arrested and fined.
In your case it would be easier for you to leave by yourself, rather than risk being deported and getting a 10 year entry ban.
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diptam
06-30 10:48 PM
Yes - USPS express mail is next day. But you may not find a open Post office to post the Mail on SUNDAY.
I'm not sure if you drop it in a Express Mail drop box tomorrow if they will pro-actively pick up and deliver by Monday - Probably No.
USPS express mail is a 365 day service so far as "Delivery" is concerned but not from a "Pick up" standpoint probably
If FedEx doen't help try USPS, they also have overnight delivery.
If you handover the document on Sunday evening before 5.00 PM, by Monday noon it will be delivered.
I'm not sure if you drop it in a Express Mail drop box tomorrow if they will pro-actively pick up and deliver by Monday - Probably No.
USPS express mail is a 365 day service so far as "Delivery" is concerned but not from a "Pick up" standpoint probably
If FedEx doen't help try USPS, they also have overnight delivery.
If you handover the document on Sunday evening before 5.00 PM, by Monday noon it will be delivered.
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quizzer
04-08 04:19 PM
I look at this bill in a different perspective:
1. This will give the Indian IT companies an opportunity to move up the value chain. Rather than body shop its employees to clients...they can have all the IT work done at its development locations. Also they can fill americans for half of its US workforce.
2. It will put an end to 100% H1b bodyshoppers who just make money without having any office and putting their employees onto client locations. These scrupulous bodyshops even dont pay on bench.
Thanks
1. This will give the Indian IT companies an opportunity to move up the value chain. Rather than body shop its employees to clients...they can have all the IT work done at its development locations. Also they can fill americans for half of its US workforce.
2. It will put an end to 100% H1b bodyshoppers who just make money without having any office and putting their employees onto client locations. These scrupulous bodyshops even dont pay on bench.
Thanks
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yabadaba
03-04 12:34 PM
Those were different times. Try taking mortgage now on your EAD.
Here are my particulars:
Family income: Almost 4-5 times per capital GDP
Job type: Stable
Credit score : Excellent
Highest education: MBA
Willing to put downpayment: Yes, required 20%
Mortgage application: Rejected as EAD is valid for only one year.
Now you tell me what should I do...
shop around...talk to different lenders....there are many of them that understand that the ead is renewable. its up to u as a consumer how to make ur case.
Here are my particulars:
Family income: Almost 4-5 times per capital GDP
Job type: Stable
Credit score : Excellent
Highest education: MBA
Willing to put downpayment: Yes, required 20%
Mortgage application: Rejected as EAD is valid for only one year.
Now you tell me what should I do...
shop around...talk to different lenders....there are many of them that understand that the ead is renewable. its up to u as a consumer how to make ur case.
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luvschocolates
08-21 11:52 AM
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.
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.
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lost
02-15 09:24 AM
Anybody from KY attending the event?
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smuggymba
10-10 03:58 PM
There are so many illegal immigrats working as lawn tenders, cleaners at stores....why doens't USCIS go after them? They are easy to spot and can be found anywhere...why harrass students?
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kartikiran
08-21 09:48 AM
welcome to the world of dealing with USCIS
I am outraged that after not hearing ONE thing from them in over 2 years, that all of a sudden I am supposed to come up with all this stuff, hand over money I don't have and still not be assured my green card.
.
.
.
I am really ticked with USCIS and their utter lack of correspondence and then expecting me to bleed money from a stone for them. They are not in any hurry to process my application so why do I need to be? I've been here this long, what's another few years?
Has anyone else dealt with this or can you direct me to someone who knows what needs to be done and how?
I am outraged that after not hearing ONE thing from them in over 2 years, that all of a sudden I am supposed to come up with all this stuff, hand over money I don't have and still not be assured my green card.
.
.
.
I am really ticked with USCIS and their utter lack of correspondence and then expecting me to bleed money from a stone for them. They are not in any hurry to process my application so why do I need to be? I've been here this long, what's another few years?
Has anyone else dealt with this or can you direct me to someone who knows what needs to be done and how?
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spsrini
11-18 07:22 AM
My receipt number is NRC2008065342
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nfinity
06-11 05:52 PM
to IL senator
silibili
06-10 04:40 PM
done
varshadas
01-30 03:15 PM
Do we need images? Can't we just have text on a yellow paper with appropriate text highlighted? We want to emphasize on the text. Not sure what value add an image can have unless we have someone standing in a line outside a gc office with window and we could put something like .. another 5 years... The images has to be in sync with the text. I am not for putting a picture of the capitol hill so much. We have to emphasize on the problem. This is just my opinion.
Thanks,
Varsha
Thanks,
Varsha
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