niidawg3
01-26 09:32 AM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
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GCInThisLife
07-19 04:00 PM
If it is of any consolation, though not required, I did submit employment letter along with her I485 from my wife's company which states her current salary and that employer is willing to provide employment till her H1B approval expires.
It means, if at all they have any doubts, they may issue RFE, but if you have a good relationship in responding to those RFEs using company letters etc, there is no problem. Good relation means, employer has to suppprt you always in case of any RFE, thats it. He needs stand on your side. Then there is no problem. But if he won't stand on your side, then it is a problem. So, thats why relation with employer is very important when on H1 or EB.
It means, if at all they have any doubts, they may issue RFE, but if you have a good relationship in responding to those RFEs using company letters etc, there is no problem. Good relation means, employer has to suppprt you always in case of any RFE, thats it. He needs stand on your side. Then there is no problem. But if he won't stand on your side, then it is a problem. So, thats why relation with employer is very important when on H1 or EB.
chaganti
07-31 10:12 AM
Hi,
Did any one got file# for I-485 who filed on July 02 2007 in Nebraska service center(Priority dates are current). If anybody got please let me know.
Thanks,
AC
Did any one got file# for I-485 who filed on July 02 2007 in Nebraska service center(Priority dates are current). If anybody got please let me know.
Thanks,
AC
2011 Sketch Alphabet in Graffiti
garybanz
11-02 02:16 PM
Papu,
Is IV in a position to check with USCIS on the official guideline for this issue?
Thanks.
Questions for everyone to research and post the answers------
-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.
-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
Is IV in a position to check with USCIS on the official guideline for this issue?
Thanks.
Questions for everyone to research and post the answers------
-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.
-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
more...
ash0210
03-21 12:19 PM
logiclife, finding 6 members in Cleveland & 6 in Coulmbus..trying to reach them. Thinking of forming 2 local groups for conveniece to meet local legislators..
Guys from Ohio, pl respond thru pm or thru this open forum..
This has also been sent thru newsletter. If you did not get the newsletter, then update your profile here and check to see if your email address is correct.
Meet your Legislators:
Immigration Voice plans to organize a nationwide meet-the-lawmaker drives in every state and every district. Two of our volunteers � Varsha and Sanjay � would be helping us to organize this. If you would like to meet with your lawmakers during this recess, then please email Varsha and Sanjay at varsha@immigrationvoice.org and sanjay@immigrationvoice.org respectively and simply put �Need Meeting Info� in the subject line of Email. They will send you all the information that you need on seeking the appointment, taking the right material with you, making a good case for reform and doing the follow-ups if necessary.
Feel free to ask Varsha and Sanjay for any other questions that you have. They have met with their Congressmen and Senators a few times and they would be glad to help you do the same thing in your state and district.
A Perfect Opportunity:
This is the perfect time to meet the lawmakers, as they would be in their constituencies just before they go back to work on Immigration this spring and summer. In order to capitalize on this opportunity, it is very important that everyone meet with his or her legislators locally during this Easter recess of Congress. The members of the House will be in their districts between 2nd April and 13th April. The members of the Senate will be in their states between 2nd April and 9th April.
Please use the time between now and the Easter recess to seek appointments to meet with your Congressmen and Senators in order to draw their attention on the need for reform in high-skills immigration.
Thanks,
Immigration Voice.
Guys from Ohio, pl respond thru pm or thru this open forum..
This has also been sent thru newsletter. If you did not get the newsletter, then update your profile here and check to see if your email address is correct.
Meet your Legislators:
Immigration Voice plans to organize a nationwide meet-the-lawmaker drives in every state and every district. Two of our volunteers � Varsha and Sanjay � would be helping us to organize this. If you would like to meet with your lawmakers during this recess, then please email Varsha and Sanjay at varsha@immigrationvoice.org and sanjay@immigrationvoice.org respectively and simply put �Need Meeting Info� in the subject line of Email. They will send you all the information that you need on seeking the appointment, taking the right material with you, making a good case for reform and doing the follow-ups if necessary.
Feel free to ask Varsha and Sanjay for any other questions that you have. They have met with their Congressmen and Senators a few times and they would be glad to help you do the same thing in your state and district.
A Perfect Opportunity:
This is the perfect time to meet the lawmakers, as they would be in their constituencies just before they go back to work on Immigration this spring and summer. In order to capitalize on this opportunity, it is very important that everyone meet with his or her legislators locally during this Easter recess of Congress. The members of the House will be in their districts between 2nd April and 13th April. The members of the Senate will be in their states between 2nd April and 9th April.
Please use the time between now and the Easter recess to seek appointments to meet with your Congressmen and Senators in order to draw their attention on the need for reform in high-skills immigration.
Thanks,
Immigration Voice.
blackberry
07-06 04:55 PM
If I give you the name of the firm I work for ..you d be shitting in your pants and not a consultant but as a FT employee
Do u work for USCIS :) .. just kidding .. :)
Do u work for USCIS :) .. just kidding .. :)
more...
AabTuAgaGC
07-03 09:31 AM
Medical - $246
Photos - $ 30
Photocopies - $ 15
USPS - $35
Birth Certificate - $ 150
Filing Fees - $ 780
Attorney Fees - $ 1100
Total = $2356
All from my own pocket:mad: :mad: :mad:
Photos - $ 30
Photocopies - $ 15
USPS - $35
Birth Certificate - $ 150
Filing Fees - $ 780
Attorney Fees - $ 1100
Total = $2356
All from my own pocket:mad: :mad: :mad:
2010 Alphabet Graffiti
trueguy
02-20 11:45 PM
Hi
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
Immigration office can come to your home to check on you if your application is family based, like spouse living together or not. But since you are on H1B, I don't know why would they come to your home. They should check with ur employer and do the verification.
This is just my opinion.
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
Immigration office can come to your home to check on you if your application is family based, like spouse living together or not. But since you are on H1B, I don't know why would they come to your home. They should check with ur employer and do the verification.
This is just my opinion.
more...
happystar
08-01 09:39 PM
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
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Aah_GC
07-25 11:19 AM
A lot many can empathize with you. But if you are looking for relief - you ought to take responsibility for how you feel. You already understand the forces of nature - you will get your GC when it's your time. If anything your needless frustration and forceful attempts are only interfering with the energies that have made your PD current.
Just relax - get some exercise, eat well and participate in things that lift your soul.
Good luck!
I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.
Just relax - get some exercise, eat well and participate in things that lift your soul.
Good luck!
I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.
more...
Mount Soche
12-18 09:16 AM
This is not to oppose your message - I am just trying to figure out where these arguments comes from because I don't think I believe in this whole fraud thing. AC21 is meant for one to change jobs after working for the original sponsoring company for 180 days. Also, there are no clear guidelines stating that one must inform the USCIS - so what will this fraud be based on? How can one be committing fraud if there are no guidelines to tell you what is considered fraudulent? I think one is fraudulant when one actually violates some set rules etc. I don't think the USCIS can have a basis for suspecting someone of fraud when they don't even have a definition of what may constitute fraud in this case because of the lack of guidelines. Plus, I have never, ever heard of anyone be denied or suspected of anything like this during citizenship, I just don't believe this is a factor AT ALL. I see these comments a lot and they just don't make any sense to me. To me, it is like breaking a law that doesn't exist. And you say one may be "suspected", well, suspicion is just that, suspicion. The USCIS needs to show proof that you intended to be fraudulent and for as long as there are no AC21 guidelines that tell you that you must inform the USCIS upon invoking AC21, the USCIS will not and cannot have a case against you.
The disadvantage of not filing for AC21 is if your AoS is approved with USCIS believing that you will be working for the original petitioner after approval.
That is the disadvantage. USCIS will not know that you intended to port to new employer by invoking AC21 and come the time your apply for Naturalization, USCIS will discover it and may suspect you of fraud.
The disadvantage of not filing for AC21 is if your AoS is approved with USCIS believing that you will be working for the original petitioner after approval.
That is the disadvantage. USCIS will not know that you intended to port to new employer by invoking AC21 and come the time your apply for Naturalization, USCIS will discover it and may suspect you of fraud.
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immi_enthu
07-26 05:22 PM
The link for 13th July does not work either . I wonder why ??:rolleyes:
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hindu_king
08-14 11:01 AM
I think re-filing is a waste of time and energy. whatever's going to happen will happen.
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hsingh82
04-13 04:04 PM
So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
Great job IV :)... keep up the good work!
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
Great job IV :)... keep up the good work!
more...
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fun
01-04 08:52 PM
A guy came to USA and brought his wife along.... his friend says... why do U have to bring something which is available here.... and here is a Guy with with two wives...:D:D;);):o
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nrk
10-31 09:22 AM
When you make a call to the call center and find out some details which they don't know, they will open a service request for you. Some one apart from the call center people will reply to that service request. You will be receiving a response in mail.
Can anyone please tell , What is a Service Request ?
I know about infopass and the call center telephone number.
Can anyone please tell , What is a Service Request ?
I know about infopass and the call center telephone number.
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alterego
08-10 02:46 PM
The original intent of labour substitution was not bad. If you understand that EB immigration was designed with the AMERICAN EMPLOYER and their needs in mind you will understand why labour substitution was allowed. It was a way for american employers to get employees in critical shortage areas and keep american industry competitive. It really was not meant to either be fair or not fair to you and me. If you understand this then it all makes more sense.
That was then and this is now. So what has it evolved to?
Labour substitution became a bargainig chip, for employee/employers. It was bought and sold. It was used, abused and misused and done so rather widespreadly. It started to be used mainly by Desi Bodyshoppers. In some cases for friends and even relatives, to the extent that AMERICAN employers and their employees became the ones getting hurt/delayed by it.
So the rules were changed. Those of us who went through the traditional channels realise that those of you who took labour subs. did nothing legally wrong. Simply understand that we cannot and will not have any sympathy for you if and when something goes wrong.
As for the folks asking people not to give their opinion. Please post in a private forum then.
That was then and this is now. So what has it evolved to?
Labour substitution became a bargainig chip, for employee/employers. It was bought and sold. It was used, abused and misused and done so rather widespreadly. It started to be used mainly by Desi Bodyshoppers. In some cases for friends and even relatives, to the extent that AMERICAN employers and their employees became the ones getting hurt/delayed by it.
So the rules were changed. Those of us who went through the traditional channels realise that those of you who took labour subs. did nothing legally wrong. Simply understand that we cannot and will not have any sympathy for you if and when something goes wrong.
As for the folks asking people not to give their opinion. Please post in a private forum then.
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drirshad
07-29 03:51 AM
NSC: Self E-Filed May 19 (Current EAD expires Sep 18)
Document Send: May 26
FP Done: May 28
EAD CPO: July 26 (for me & spouse)
Priority Current next month
(not sure if they gave a 2 yr validity)
Still waiting on AP (LUD same as EAD)
Document Send: May 26
FP Done: May 28
EAD CPO: July 26 (for me & spouse)
Priority Current next month
(not sure if they gave a 2 yr validity)
Still waiting on AP (LUD same as EAD)
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deardar
07-02 03:19 PM
close to $500 excluding lawyers fees( i dont know how much company paid) .But the sad thing is I made my aged parents and in-laws run for affidavits /scanning etc in heavy rains .
senocular
02-05 04:43 PM
ooooo, aaaah, oooooh .... wtf. They're all GREAT and I save EGs for last because it was the highest rated (yeah LOTS on that one too) and its not there! pfffft. lol
:searches franticly:
:searches franticly:
jetguy777
07-08 05:16 PM
This is an excerpt from Ron Gotcher's website that addresses a possible outcome for these bills:
"As far as I know, they only had sub-committee hearings, but that is where the real work is done. The sub-committee takes testimony from interested parties and gathers other evidence related to the subject matter of the bill.
Legislation generally only goes to full committee when it is going to be forwarded to the floor as free standing legislation. In this case, no one really expects any of these bills to be presented to the floor for a vote, so the full committee is not bothering with them. Rather, the sub-committee has taken in relevant evidence and let everyone have their say. Now, if they can find an appropriate vehicle, they can attach some of the proposals from the various bills and try to get emergency relief passed."
Is there any update on three bills in house. I have checked the hearing schedule for all committees and there seems to be no hearing scheduled for any of these bills. House is in session till September 7 and after that District work period and convention shows, which leaves us with just 4 weeks from now and after that It reconvens from September 9 with target adjournment date of 26th september and i m pretty sure no congressional rep will like to cast vote on any bills before going into election....
Prospects seems bleak now... Is there anything we can do...any last attempt that is required? If so...Let us all know...
"As far as I know, they only had sub-committee hearings, but that is where the real work is done. The sub-committee takes testimony from interested parties and gathers other evidence related to the subject matter of the bill.
Legislation generally only goes to full committee when it is going to be forwarded to the floor as free standing legislation. In this case, no one really expects any of these bills to be presented to the floor for a vote, so the full committee is not bothering with them. Rather, the sub-committee has taken in relevant evidence and let everyone have their say. Now, if they can find an appropriate vehicle, they can attach some of the proposals from the various bills and try to get emergency relief passed."
Is there any update on three bills in house. I have checked the hearing schedule for all committees and there seems to be no hearing scheduled for any of these bills. House is in session till September 7 and after that District work period and convention shows, which leaves us with just 4 weeks from now and after that It reconvens from September 9 with target adjournment date of 26th september and i m pretty sure no congressional rep will like to cast vote on any bills before going into election....
Prospects seems bleak now... Is there anything we can do...any last attempt that is required? If so...Let us all know...
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