deba
08-25 09:42 PM
Received the physical card in mail today. Postage stamp is dated 22nd aug. My approval notice email was on 19th Aug from TSC.
EB2 I PD 03/2005
EB2 I PD 03/2005
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GCNaseeb
08-29 01:03 PM
If receipting update as of 8/24 is correct, they should be doing late July now.
Wondering why there are not any updates on this thread. :confused:
Wondering why there are not any updates on this thread. :confused:
minimalist
02-12 12:07 PM
If you have h4 stamp in your passport , you can go out of the country and comeback in and you would be back in h4 status. Short of that I don't see any other option. Ohers please chip in with your ideas.
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
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unitednations
08-24 09:28 PM
Maybe we are getting off the topic.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
more...
spmusa
09-05 01:19 PM
PD-Aug 2003/ Category - EB3
Labor Cleared - March 2005
I-140 Cleared Dec 2005
I-485 Sent 07/25/2007
Receipt Date - Not yet
Service Center -NSC
Labor Cleared - March 2005
I-140 Cleared Dec 2005
I-485 Sent 07/25/2007
Receipt Date - Not yet
Service Center -NSC
TheOmbudsman
06-20 11:15 AM
It was expected that a pro illegal immigration leglistation would not pass this year. That is not my major concern. My concern is that if most pro amnesty/CIR incumbents get replaced coming November based on their immigration records, that will make passage of future pro immigration bills even harder. I believe that the fight to attach the illegal alien cause to the legal one may be around for a while. I am afraid that this cycle of defeats may be extended for few more rounds until a bill is passed or people give up from mixing legal and illegal cause. There is no sign yet that major lobbysts - AILA, etc - are giving up from the idea of attaching illegal and legal alien cause. By the way, according to numbersusa.com, AILA drafted most of the McCain/Kennedy amnesty bill. Mind you.
I heard Sen. King and others saying that the enforcement should be increased. Only 3-5 years later a bill should be discussed to see what to do with the illegal folks who are left here.
Yes, someday it will pass. Is it going to be too late for me though ?
Thanks for the update. Beginning from S. 1932 last year, we have been riding an extremely rough roller coaster. We are all sick of politics. I personally feel nothing much might be accomplished this year. A lot is at stake for politicians if they take any position. Thus dragging the issue and dealing with it next year seems to be their only option. It is a bad sign for lots of legal immigrants who have been anxiously waiting all this while. If at all anything can happen, it will only be due to initiative from the President. Or if President signs a emergency bill giving relief to outstanding, highly educated people who have been in line. This option maybe a daydream but will keep us optimistic until November this year. Sorry for sounding pessimistic.
I heard Sen. King and others saying that the enforcement should be increased. Only 3-5 years later a bill should be discussed to see what to do with the illegal folks who are left here.
Yes, someday it will pass. Is it going to be too late for me though ?
Thanks for the update. Beginning from S. 1932 last year, we have been riding an extremely rough roller coaster. We are all sick of politics. I personally feel nothing much might be accomplished this year. A lot is at stake for politicians if they take any position. Thus dragging the issue and dealing with it next year seems to be their only option. It is a bad sign for lots of legal immigrants who have been anxiously waiting all this while. If at all anything can happen, it will only be due to initiative from the President. Or if President signs a emergency bill giving relief to outstanding, highly educated people who have been in line. This option maybe a daydream but will keep us optimistic until November this year. Sorry for sounding pessimistic.
more...
thomachan72
05-23 06:30 AM
I have a bad feeling about IVs goals. Are you only concerned about getting the GC backlogs cleared? or are you going to be asking for H1b related issues to be addressed too? eg:- H1b renewal after the 6th year is an issue any moron could easily understand and pass. That has been there for many years and should continue for a successful H1b program. Please take care of that issue too. I dont see that included in the letter you have prepared to be sent out to all the senators. Please do that urgently. This is a very techinical issue and can easily be campaingned for. Pls dont ignore it.
If the number 3 in the letter has something to do with H1b renewal, pls reword it and make it clear, however, Idont believe its related to h1b renewal atall.
Please include atleast H1b renewal, one good thing about h1 that all of you have/currently are enjoying, to be included as one of your/our major demands. I am not asking for the H1b placement at different sites thing, that might be difficult to campaign for at this point of time, however, renewal needs to be done.
If the number 3 in the letter has something to do with H1b renewal, pls reword it and make it clear, however, Idont believe its related to h1b renewal atall.
Please include atleast H1b renewal, one good thing about h1 that all of you have/currently are enjoying, to be included as one of your/our major demands. I am not asking for the H1b placement at different sites thing, that might be difficult to campaign for at this point of time, however, renewal needs to be done.
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fundo14
04-18 05:43 PM
Hi All,
I have to do the landing before june, 2008.
I have already used AP to enter US after my last trip to India. So IO at POE canada will know that I have pending 485. don't know how to handle this situation.
I am planning to do the landing in last week of may via Niagra falls. (toronto)
anyone with similar status done landing please share your experience.
Thanks
I have to do the landing before june, 2008.
I have already used AP to enter US after my last trip to India. So IO at POE canada will know that I have pending 485. don't know how to handle this situation.
I am planning to do the landing in last week of may via Niagra falls. (toronto)
anyone with similar status done landing please share your experience.
Thanks
more...
jindhal
09-24 10:34 AM
I am not sure if I am correct,
Although no. of visas are awarded "EB category + country" wise, but spillover is not awarded in same fashion.
.e.g. 3000 visa comes to EB2 I & 3000 visa comes to EB3 I.
But spillover comes from EB1 to EB2 irrespective of country. And reason why EB2 I is far ahead is because of spillover gain before it reaches to EB3.
Even if some EB2 I guys are not happy with EB3 person porting to EB2, shouldn't they calm down as whoever is porting taking benefit from spillover for EB2 world and not from spillover EB2 I.
My assumption is spillover comes to "EB2" and not "EB2 + country" wise, if that is not correct then my point is nullified.
The number of visas are awared "(EB + FB) Country" wise. The 7% limit is on the total green cards issued to a country regardless of category. There are two types of spillovers
1) The spillover from EB1 -> EB2
2) The spillover from FB -> EB
In the first scenario the spill over happens from EB1 to EB2 regardless of category, the spillover visas do not have any country cap or other limitations and hence are awarded to the oldest priority date applicants in the EB2 category. (This is why China doesnt support country cap removal as USCIS gives the oldest application the highest priority and most of the older applications are from India). IFF all the EB2 categories are current and there are no more pending EB2 applications the visa numbers spill over to the next category i.e. EB3. Therefore until all of EB2 is current EB3 will not receive any spillover visas.
In the second scenario the spill over happens between the FB and EB categories. If a certain country has not used up its entire FB quota additional number of EB visa's will be made available to the applicants of that country. e.g. If Korea has a total limit of 100 visas, which are evenly split between the EB and FB categories so they each have a limit of 50 visas. Only 20 people applied in the FB categories but 80 people applied in the EB categories. USCIS will approve all those applications even though the EB applicants far exceeded the EB limit.
India doesnt benefit from the FB<=>EB spillover as there are sufficient number of FB applicants as well.
And this is how the cookie crumbles.
Although no. of visas are awarded "EB category + country" wise, but spillover is not awarded in same fashion.
.e.g. 3000 visa comes to EB2 I & 3000 visa comes to EB3 I.
But spillover comes from EB1 to EB2 irrespective of country. And reason why EB2 I is far ahead is because of spillover gain before it reaches to EB3.
Even if some EB2 I guys are not happy with EB3 person porting to EB2, shouldn't they calm down as whoever is porting taking benefit from spillover for EB2 world and not from spillover EB2 I.
My assumption is spillover comes to "EB2" and not "EB2 + country" wise, if that is not correct then my point is nullified.
The number of visas are awared "(EB + FB) Country" wise. The 7% limit is on the total green cards issued to a country regardless of category. There are two types of spillovers
1) The spillover from EB1 -> EB2
2) The spillover from FB -> EB
In the first scenario the spill over happens from EB1 to EB2 regardless of category, the spillover visas do not have any country cap or other limitations and hence are awarded to the oldest priority date applicants in the EB2 category. (This is why China doesnt support country cap removal as USCIS gives the oldest application the highest priority and most of the older applications are from India). IFF all the EB2 categories are current and there are no more pending EB2 applications the visa numbers spill over to the next category i.e. EB3. Therefore until all of EB2 is current EB3 will not receive any spillover visas.
In the second scenario the spill over happens between the FB and EB categories. If a certain country has not used up its entire FB quota additional number of EB visa's will be made available to the applicants of that country. e.g. If Korea has a total limit of 100 visas, which are evenly split between the EB and FB categories so they each have a limit of 50 visas. Only 20 people applied in the FB categories but 80 people applied in the EB categories. USCIS will approve all those applications even though the EB applicants far exceeded the EB limit.
India doesnt benefit from the FB<=>EB spillover as there are sufficient number of FB applicants as well.
And this is how the cookie crumbles.
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rdehar
10-08 02:37 PM
I applied for the first time in 2001, and then in 2005 (due to relocation) and ended up at the backlog center. Another relocation and now my PD is March 2007, and these recent wannabes want Perm approved in 1 month, I-140 premium processing in few days and then onto I-485 which should be current with no retrogression. Amen !! When do you want the USCIS to bend over for you?
Very well said.
Can't stop laughing.
Very well said.
Can't stop laughing.
more...
alex99
04-30 02:06 PM
gcbikari ,
Your argument is wrong. From the PERM FLATDATA Center DATA,
These are the Figures for TOAL LABOR CERTIFICATIONS for all the countries:
2003--->62912
2004--->43,582
2005---->6133
-----------------
1,12,627
---------------
Your argument is wrong. From the PERM FLATDATA Center DATA,
These are the Figures for TOAL LABOR CERTIFICATIONS for all the countries:
2003--->62912
2004--->43,582
2005---->6133
-----------------
1,12,627
---------------
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test101
07-08 12:08 PM
I think more than anything we need organization. We need group of volunteers that focused on different tasks. for example a group of people call congress and follow up and post updates.
group of people lead the flower campaign and anther group wrk on informing the media
there should be a group organize the rally and contact people to sponser.
Again avoid the 21 of july because the media would cover HP book instead of the protest.
here is gazalion post of the same subject.. we need organization
Guys I am looking at this thread for the first time today and want to put some comments:
1) 3 people were making hunger strike at SJSU over the last weekend for DREAM act and we come to know about it thru 1510 AM, KLIVE in Bay Area.
2) Immigration Voice members are planning to make a rally in SJ and we need to read it in the forum of (only) their website.
3) We are hungry about media coverage and want utmost attention of the congressmen about our issues.
BUT, you know what we are missing?:
1) No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?
2) No postings on those other popular websites like murthy.com, immigration-law.com, bata.org etc. Did they say no for this?
3) No usage of the library notice boards.
4) No usage of SMS. Isn't it much cheaper than making contributions to the IV repeatedly?
I hope to see all these channels being utilized fully for July 14/21 march in Bay Area before we talk about CNNs and WPs.
Once the streets of SJ are hit with 1000+ people, those NBCs and CNNs and SJMs will come to us rather than we going to them.
As for myself, I am in whenever the event takes place and will try to bring at least 5 of my friends to the march.
P.S.: This is not an effort to criticize anyone here but just an attempt to help the organizers in whatever way I can.
group of people lead the flower campaign and anther group wrk on informing the media
there should be a group organize the rally and contact people to sponser.
Again avoid the 21 of july because the media would cover HP book instead of the protest.
here is gazalion post of the same subject.. we need organization
Guys I am looking at this thread for the first time today and want to put some comments:
1) 3 people were making hunger strike at SJSU over the last weekend for DREAM act and we come to know about it thru 1510 AM, KLIVE in Bay Area.
2) Immigration Voice members are planning to make a rally in SJ and we need to read it in the forum of (only) their website.
3) We are hungry about media coverage and want utmost attention of the congressmen about our issues.
BUT, you know what we are missing?:
1) No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?
2) No postings on those other popular websites like murthy.com, immigration-law.com, bata.org etc. Did they say no for this?
3) No usage of the library notice boards.
4) No usage of SMS. Isn't it much cheaper than making contributions to the IV repeatedly?
I hope to see all these channels being utilized fully for July 14/21 march in Bay Area before we talk about CNNs and WPs.
Once the streets of SJ are hit with 1000+ people, those NBCs and CNNs and SJMs will come to us rather than we going to them.
As for myself, I am in whenever the event takes place and will try to bring at least 5 of my friends to the march.
P.S.: This is not an effort to criticize anyone here but just an attempt to help the organizers in whatever way I can.
more...
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simple1
05-05 02:57 AM
Agreed it is the state dept not uscis.
We should not mix the interpretation of eb2/3 visas with other immigrant visas including other eb due to perm.
Could Please ask the lawyer this following question about statedept eb2/3 visa allocation to non-perm derivatives ?
--
* eb 2/3 generally require perm except for very rare cases. right ?
The employer petitions for 1 permanent-employee. With assurance that the 1 person doesn’t displace local workforce (existing citizen and gc). How come state department allocates additional visa (more than approved) to derivative(s) who is not "perm labor certified" from a quota/poll (eb2/3) that mandates labor market test like perm ? (while the actual qualification is fb2a)
* State department also burns the eb2/3 visa allocated for US-businesses to bring in much needed skilled eb2/3 labor ? while most real primaries wait, the visa gets allocated to non-productive derivatives ?
Is state dept making mistake ?
--
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
We should not mix the interpretation of eb2/3 visas with other immigrant visas including other eb due to perm.
Could Please ask the lawyer this following question about statedept eb2/3 visa allocation to non-perm derivatives ?
--
* eb 2/3 generally require perm except for very rare cases. right ?
The employer petitions for 1 permanent-employee. With assurance that the 1 person doesn’t displace local workforce (existing citizen and gc). How come state department allocates additional visa (more than approved) to derivative(s) who is not "perm labor certified" from a quota/poll (eb2/3) that mandates labor market test like perm ? (while the actual qualification is fb2a)
* State department also burns the eb2/3 visa allocated for US-businesses to bring in much needed skilled eb2/3 labor ? while most real primaries wait, the visa gets allocated to non-productive derivatives ?
Is state dept making mistake ?
--
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
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delax
07-30 09:52 AM
Receipt Date - July 22, 2008
Notice Date - July 23, 2008
EAD Renewal for Self and Spouse
But guess what! When I enter the Receipt # in the online case status it gives me a message that the Receipt # is not valid. Will wait a week or so before making any calls.
Notice Date - July 23, 2008
EAD Renewal for Self and Spouse
But guess what! When I enter the Receipt # in the online case status it gives me a message that the Receipt # is not valid. Will wait a week or so before making any calls.
more...
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ps3539
02-04 08:23 AM
Grass is always greener on the other side...
If you have ead ... I suggest do not go to india
going back for parents' health is valid & noble reason...
If you have ead ... I suggest do not go to india
going back for parents' health is valid & noble reason...
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SunnySurya
08-18 01:57 PM
My reaction would have been the same if you were in Eb1 category. The fact is that I am trying to mobilize some people to get few things done. Of course, motivated by my self interest.
I am sorry SunnySurya but this issue DOES concern me. If everyone starts asking the IV core for their time just for their own issues, what about the rest of the community?
If you expect the IV core to dedicate it's time JUST for a particular secction of people, then you need to justify that demand.
In your opinion, EB3 is a LOWLY category as compared to EB2. So it is not enough that Nurses feed from it and just about EVERYONE else feeds from it. To top it off, overflow from eb1 goes FIRST to eb2 and then (and almost NEVER) to eb3. SO Eb2 gets a fair chunk of the greed cards, and over and above that you now want the IV core to further drop everything else and help JUST eb2 out? And who should make this demand? None other than someone who is trying to BREAK the community up into Eb2 vs Eb3.
I am sorry SunnySurya but this issue DOES concern me. If everyone starts asking the IV core for their time just for their own issues, what about the rest of the community?
If you expect the IV core to dedicate it's time JUST for a particular secction of people, then you need to justify that demand.
In your opinion, EB3 is a LOWLY category as compared to EB2. So it is not enough that Nurses feed from it and just about EVERYONE else feeds from it. To top it off, overflow from eb1 goes FIRST to eb2 and then (and almost NEVER) to eb3. SO Eb2 gets a fair chunk of the greed cards, and over and above that you now want the IV core to further drop everything else and help JUST eb2 out? And who should make this demand? None other than someone who is trying to BREAK the community up into Eb2 vs Eb3.
more...
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msp1976
03-10 06:28 AM
And yes in the 8 yrs I have been with my company I have got 3 promotions and am now a Manager. My companys immigration lawyer said thats ok. He just joked that when you get your green card just make sure you get tripple demotion to new role.
So when new kids on the block (<5 yrs in US) talk about GC process being screwed up, I say pick a number and wait in line. The closest example to this feeling is waiting to go to the restroom when you live in a slum and there is line of 100 ppl ahead of you to use the loo and you have loose motions :)
well you have a cooperative lawyer and a co operative employer...That is not always the case...Sometimes the employers are just using this excuse to keep folks working in the same position just because it suits employer's interests....
So when new kids on the block (<5 yrs in US) talk about GC process being screwed up, I say pick a number and wait in line. The closest example to this feeling is waiting to go to the restroom when you live in a slum and there is line of 100 ppl ahead of you to use the loo and you have loose motions :)
well you have a cooperative lawyer and a co operative employer...That is not always the case...Sometimes the employers are just using this excuse to keep folks working in the same position just because it suits employer's interests....
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leoindiano
01-11 11:15 AM
Received yesterday for 01/23.
Case details: TSC -> CSC -> TSC
Dude,
Did your online status change after you called USCIS related to FP?
Case details: TSC -> CSC -> TSC
Dude,
Did your online status change after you called USCIS related to FP?
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samrat_bhargava_vihari
06-12 09:30 AM
Fortunately, my PD became current on May 1
Did you get your receipt?
Did you get your receipt?
vroapp
12-12 06:46 PM
GCWaitforever, please make sure if stating that you are an immigrant is acceptable or not; in your letter to Sen. Sessions, I mean...
dtekkedil
07-03 12:35 PM
My Order # FNL1782679
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