anilsal
08-13 11:22 PM
On aug 9 th, USCIS nebraska center issued a total of 4063 receipt nos for 485, EAD, and APs.
see the link http://.com/discuss/485eb/20866725/
From this, if we assume ~4000/day, it ll take 20 working days to clear july 2nd filers (~80,000). My guess is by 31st Aug.
We need something similar for the Sept 18th DC rally. Can you guess? :)
see the link http://.com/discuss/485eb/20866725/
From this, if we assume ~4000/day, it ll take 20 working days to clear july 2nd filers (~80,000). My guess is by 31st Aug.
We need something similar for the Sept 18th DC rally. Can you guess? :)
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kshitijnt
04-22 08:06 PM
I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!
After reading this post completely, here is my take. There are 2 things to view here:
1) employer and employee conduct.
2) non compete.
employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.
employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.
Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.
Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.
I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:
1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.
2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.
3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.
After reading this post completely, here is my take. There are 2 things to view here:
1) employer and employee conduct.
2) non compete.
employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.
employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.
Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.
Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.
I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:
1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.
2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.
3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.
coolmanasip
07-02 08:52 AM
Sent out on Friday with an overnight delivery. So hoping that it must reach there today! Lawyers office is busy!!! won't tell the tracking number, only will confirm that it has gone out!!!
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ganguteli
03-10 03:26 PM
Any lobbying for immigration is tough at the time of recession. I think you are trying to do advocacy effort. Without getting approval from core IV group it will not be any use as advocacy effort only will not work. Senators will note your concerns and will act only if some bill is introduced. You need lobbying with advocacy effort for changing any law. Lobbyists will lobby only at right time as if they do in wrong time it will backfire.
Senthil, I agree with you for once.
However some people are too bent on doing this campaign that they forget the realities. Maybe they are having a secure jobs and have EADs. So they have nothing to lose. For people on H1B any wrong step will cause government to shut down the entire immigration or punish immigrants. They did it with TARP and now they will do it in every industry if we do not understand. The newspaper headline will be H1B Indians immigrants asking for greencards after taking American jobs. Like it or not, but this is how antis will show us and all Americans and lawmakers who are sympathetic towards us till now will support antis due to bad economy and for the need of Citizens to stick together in bad times. You have also made this issue of Indians and that is a big no no. Indians now getting a bad name and have become notorious and if you highlight 'Indians' then you are in for a failure. So any campaign should be about all immigrants and not just Indians. Indian Immigrants are having a bad reputation in IT circles these days.
Guys do you know that economy is going from recession to depression? I read somewhere that in the last depression they shut down immigration. So let us not do anything that will be hard on H1Bs just because you have a secure EAD cards.
Senthil, I agree with you for once.
However some people are too bent on doing this campaign that they forget the realities. Maybe they are having a secure jobs and have EADs. So they have nothing to lose. For people on H1B any wrong step will cause government to shut down the entire immigration or punish immigrants. They did it with TARP and now they will do it in every industry if we do not understand. The newspaper headline will be H1B Indians immigrants asking for greencards after taking American jobs. Like it or not, but this is how antis will show us and all Americans and lawmakers who are sympathetic towards us till now will support antis due to bad economy and for the need of Citizens to stick together in bad times. You have also made this issue of Indians and that is a big no no. Indians now getting a bad name and have become notorious and if you highlight 'Indians' then you are in for a failure. So any campaign should be about all immigrants and not just Indians. Indian Immigrants are having a bad reputation in IT circles these days.
Guys do you know that economy is going from recession to depression? I read somewhere that in the last depression they shut down immigration. So let us not do anything that will be hard on H1Bs just because you have a secure EAD cards.
more...
crystal
07-05 10:59 AM
Gandhigiri is a concept in an indian movie based on Gandhi principles. In which hero of the movie wins over anti-hero by sending flowers to him as per Gandhi principles for every wrong doing he does and he makes others also do the same who are effected by the anti-hero wrong doings..
hate to be so ignorant but what does Gandhigiri mean? I assume it's something Indain. Can you tell us non-indians what that it. (Anything to do with Mahatma?)
hate to be so ignorant but what does Gandhigiri mean? I assume it's something Indain. Can you tell us non-indians what that it. (Anything to do with Mahatma?)
dingudi
02-18 11:07 AM
I am assuming you guys saw this:
http://www.uscis.gov/files/pressrelease/USCISUpdate(biometricchanges)(17Feb08).pdf
USCIS will consolidate FPs for 485 and EADs. So if we don't receive biometrics for 485, hopefully we will get one for EAD renewal which will also serve the purpose for 485 processing.
Note: This only applies to concurrent filers of 485 and EAD.
Apahilaj,
Yes I saw that but mine was not concurrent filing. I applied for EAD couple of months after I-485 filing and have also received the EAD.Still waiting for FP though.
http://www.uscis.gov/files/pressrelease/USCISUpdate(biometricchanges)(17Feb08).pdf
USCIS will consolidate FPs for 485 and EADs. So if we don't receive biometrics for 485, hopefully we will get one for EAD renewal which will also serve the purpose for 485 processing.
Note: This only applies to concurrent filers of 485 and EAD.
Apahilaj,
Yes I saw that but mine was not concurrent filing. I applied for EAD couple of months after I-485 filing and have also received the EAD.Still waiting for FP though.
more...
go2roomshare
04-20 01:52 PM
No reply so far ! No one here??
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GCStatus
09-15 10:10 AM
JazzbytheBay - I am sure you read everything from the top.
This is NOT just any other thread. We are going to do it. I am glad to see some brave minds joining on this initiative.
If anyone cant contribute anything, just dont say anything. I thought it was clearly mentioned in the options provided
This is NOT just any other thread. We are going to do it. I am glad to see some brave minds joining on this initiative.
If anyone cant contribute anything, just dont say anything. I thought it was clearly mentioned in the options provided
more...
sayonara
08-27 12:26 PM
Posted by Clockwork:
clockwork
Member Join Date: Sep 2006
Posts: 63
--------------------------------------------------------------------------------
Guys,
I have received receipt notice for my I-485. My AOS petition was received by J.Barrret at 10:25AM Nebraska Service Center. Later it got forwarded to TSC where my I-140 got approved few months before. Let me know if you have more questions...
Congrats ! Any LUD on your application?
clockwork
Member Join Date: Sep 2006
Posts: 63
--------------------------------------------------------------------------------
Guys,
I have received receipt notice for my I-485. My AOS petition was received by J.Barrret at 10:25AM Nebraska Service Center. Later it got forwarded to TSC where my I-140 got approved few months before. Let me know if you have more questions...
Congrats ! Any LUD on your application?
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myvoice23
09-17 06:18 PM
July 3rd,NSC...signed by R.WILLIAMS...still waiting
more...
mirage
03-06 04:34 PM
For me country cap was an important issue, so I started a focus group. If you think filing I-1485 is more important than start a focus group, you may find 100s who will support you...you can start a yahoo group
http://groups.yahoo.com/
If there is no bill flying now and situation is tough, then you are attracting too much attention when everyone is against immigrants. God forbid they decide to punish immigrants more due to this by more anti-bills.
You would be safe because you have EAD. But what about those without EADs.
If you really want to do something then help us allow filing I485 when visa dates are not current. So that everyone gets EAD. EAD is lot better than H1B and this will be a temporary relief. EAD gives so much protection than H1B and that should be our #1 priority.
http://groups.yahoo.com/
If there is no bill flying now and situation is tough, then you are attracting too much attention when everyone is against immigrants. God forbid they decide to punish immigrants more due to this by more anti-bills.
You would be safe because you have EAD. But what about those without EADs.
If you really want to do something then help us allow filing I485 when visa dates are not current. So that everyone gets EAD. EAD is lot better than H1B and this will be a temporary relief. EAD gives so much protection than H1B and that should be our #1 priority.
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sam_gada
07-11 02:52 PM
Hi Friends, I came to know about this protest and would like to pass on the information about the protest to Indian Student Assocaition [strength over 600 active members] at San Jose state University and possible Santa Clara University. I am sure my fellow students will be proud to contribute to the indian community. So, Kindly let me know more details ASAP becuase its already wednesday. My email is sampathg4@yahoo.com.
- Sampath Gadamsetty
- Sampath Gadamsetty
more...
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anzerraja
07-20 12:23 AM
Thanks Vj Verma !!!
count me in for a 100 as well.
count me in for a 100 as well.
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485Mbe4001
07-28 12:29 PM
good post with good points.
Additionally EB3 ROW will also suffer because the overflow will be allocated to EB2 first. You will see more and more countries getting retrogressed in EB3. It is not a case of being envious about EB2's, it is simply the fact that EB3's as a whole are screwed very bad and EB3 I in particular will never be current.
(On paper) This visa bulletin looks like an attempt to sow discontent among the nascent EB organizations (IV in particular) and it seems to have succeeded. EB 3 have dropped off from state chapters(I have). It exposed the worst from all the groups. 2007 VB fiasco helped many, but it also created many issues for DOL and USCIS that its payback time for us, they will go through each rule with a fine tooth comb and make sure that this will never happen again. it is my opinion that in the end we lost big time.
Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
Additionally EB3 ROW will also suffer because the overflow will be allocated to EB2 first. You will see more and more countries getting retrogressed in EB3. It is not a case of being envious about EB2's, it is simply the fact that EB3's as a whole are screwed very bad and EB3 I in particular will never be current.
(On paper) This visa bulletin looks like an attempt to sow discontent among the nascent EB organizations (IV in particular) and it seems to have succeeded. EB 3 have dropped off from state chapters(I have). It exposed the worst from all the groups. 2007 VB fiasco helped many, but it also created many issues for DOL and USCIS that its payback time for us, they will go through each rule with a fine tooth comb and make sure that this will never happen again. it is my opinion that in the end we lost big time.
Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
more...
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krish2006
09-24 08:18 AM
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
(unless the title and job description totally different in 2010 for B)
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
(unless the title and job description totally different in 2010 for B)
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english_august
07-10 09:57 AM
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
This is our official response to this
http://www.touchdownusa.org/pdf/Response.pdf
This is our official response to this
http://www.touchdownusa.org/pdf/Response.pdf
more...
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dish
05-03 12:45 PM
Before SKIL bill there were Talent Bill and PACE act which were pending for a long time. the senate has not taken up the immigration reform debate yet. and it can be postponed forever. So how much hope is there for SKIL bill ?
Also after senate, there is a bigger hurdle, the house of representatives. Remember the Budget Reconciliation Bill was passed in Senate with the Immigration related Clauses. But was stripped off in the House. So is there any hope ?
Sorry I am being Skeptical. But apart from some media publicity, IV does'nt have brought up anything good to the Legal Immigrants community.
Have IV recieved any Positive Responses for the faxes being sent. Will the Backlog elimination Centers Improve their processing speed, and transparency of cases?
I am on H4 visa, So I am dumped. and Here is my friend who had to resign her job because her 6 yrs limit on H visa. and We are feeling depressed day by day in this UNFAIR IMMIGRATION SYSTEM. Aren't H4 spouses considered as Immigrants ?
Also after senate, there is a bigger hurdle, the house of representatives. Remember the Budget Reconciliation Bill was passed in Senate with the Immigration related Clauses. But was stripped off in the House. So is there any hope ?
Sorry I am being Skeptical. But apart from some media publicity, IV does'nt have brought up anything good to the Legal Immigrants community.
Have IV recieved any Positive Responses for the faxes being sent. Will the Backlog elimination Centers Improve their processing speed, and transparency of cases?
I am on H4 visa, So I am dumped. and Here is my friend who had to resign her job because her 6 yrs limit on H visa. and We are feeling depressed day by day in this UNFAIR IMMIGRATION SYSTEM. Aren't H4 spouses considered as Immigrants ?
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gandu_no1
07-13 09:07 AM
I heard it to on my way to work.. nice coverage.
http://www.npr.org/templates/story/story.php?storyId=11945381
Just woke up to NPR morning news ... nice coverage on the July bulletin.
http://www.npr.org/templates/story/story.php?storyId=11945381
Just woke up to NPR morning news ... nice coverage on the July bulletin.
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gxtrader
08-27 01:16 PM
July 30 NSC. No action but i guess too early to panic....will let the early july filers do that at the moment :)
LongWait2005
07-19 08:05 PM
It is really worthy contribution that one could make towards a great cause.....
myvoice23
09-26 09:49 AM
Can you let us know if they respected your RN july 3rd?
Received date is JUly 3rd on receipts
Received date is JUly 3rd on receipts
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