smartboy75
10-17 03:22 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
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gondalguru
07-06 12:01 PM
As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
Since 2000, a total of 182,694 work-based visas have not been given out because the immigration agency had fallen behind in processing applications, according to the 2007 report of the immigration agency�s ombudsman.
as per ny times report...
http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
Since 2000, a total of 182,694 work-based visas have not been given out because the immigration agency had fallen behind in processing applications, according to the 2007 report of the immigration agency�s ombudsman.
as per ny times report...
http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin
mk26
06-01 07:18 AM
Not sure now, but back in 2007-2008 they did file EB2, I have 2 friends on eb2 waiting to get their GC. one is already left Oracle after 180 days of I-485 filing and another is still working.
Not to scare you just for your info which I heard in rare case if oracle lays off they don't care which stage of your GC process is in.
Not to scare you just for your info which I heard in rare case if oracle lays off they don't care which stage of your GC process is in.
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gcgcgcgc
10-26 05:44 PM
I was surprised to see my AP in hand
It seems it was approved on Oct 9 and my attorney received it on 22 oct
I received it today to be very surprised as the online message still says case received and pending
What surprises me more is that I had called USCIS 2 times between oct 9 and today and they didnot tell me that the case has been approved
Good luck to all
Did you see Oct 9th as LUD on your case? We are trying to figure out if LUD is giving any indication towards when USCIS issues the approval.
It seems it was approved on Oct 9 and my attorney received it on 22 oct
I received it today to be very surprised as the online message still says case received and pending
What surprises me more is that I had called USCIS 2 times between oct 9 and today and they didnot tell me that the case has been approved
Good luck to all
Did you see Oct 9th as LUD on your case? We are trying to figure out if LUD is giving any indication towards when USCIS issues the approval.
more...
superdude
08-02 07:22 PM
Depends on the interivew time.We can collect the passports on the same day provided VFS gets them from the consulate. Any person can collect the passports provided they present their id and authorization letter from the applicants.
Can people share their experience with same day counter passport collection from the vfs courier center at Chennai.
Reason I ask is, I and my wife have a 9AM appointment on 14th August. And Aug 15th being a holiday on account of India's Independence Day. Since we have to be in US on the 16th August to file for I485, getting the visa on the 16th would be too late. Therefore, it's critical that we collect the passport the same day.
Is anyone else in a similar situation? Should I inform the consular of our same night travel plans or is that ill-advised?
thanks
Can people share their experience with same day counter passport collection from the vfs courier center at Chennai.
Reason I ask is, I and my wife have a 9AM appointment on 14th August. And Aug 15th being a holiday on account of India's Independence Day. Since we have to be in US on the 16th August to file for I485, getting the visa on the 16th would be too late. Therefore, it's critical that we collect the passport the same day.
Is anyone else in a similar situation? Should I inform the consular of our same night travel plans or is that ill-advised?
thanks
yagw
07-30 01:04 PM
Thanks.
Now something that had been on top of my mind for long. Does anyone know how to make Google include subjective interpretation to search query? I will elaborate ...
Say you want to search for all the work been done or being done on say "teapot". Normally you type in "teapot" in search bar and Google will dump millions of results. And those results would be screened objectively based on the search query i.e. "teapot". But interestingly, "kettle" is also a synomous for "teapot" but since the search was objectively driven, this subjective association would be excluded. This is just an example, I framed to explain my point.
A quick answer to above would be to include any synomous words, but we all know in techonological world and especially in the IP area, their could numerous ways to hid the information while maintaining it on public forums. If you have been engaged in IP development, you will understand what I am talking about.
Google has wonderwheel added recently which displays related items to your search keyword (not necessarily synonyms) in a map.
Now something that had been on top of my mind for long. Does anyone know how to make Google include subjective interpretation to search query? I will elaborate ...
Say you want to search for all the work been done or being done on say "teapot". Normally you type in "teapot" in search bar and Google will dump millions of results. And those results would be screened objectively based on the search query i.e. "teapot". But interestingly, "kettle" is also a synomous for "teapot" but since the search was objectively driven, this subjective association would be excluded. This is just an example, I framed to explain my point.
A quick answer to above would be to include any synomous words, but we all know in techonological world and especially in the IP area, their could numerous ways to hid the information while maintaining it on public forums. If you have been engaged in IP development, you will understand what I am talking about.
Google has wonderwheel added recently which displays related items to your search keyword (not necessarily synonyms) in a map.
more...
arc
11-12 01:08 AM
I have a future employment never worked for them and was going to do a AC21 cause I received RFE asking my intent, the RFE mentioned that I can either do AC21 with current company or stay with the future employment company... :confused: I stayed with the future employment company and I thank my stars cause the current company I worked for went under...:eek:
My attorney told me one can do AC21 and so did the RFE... although I have read on forums that its better to work with the company who applied your GC for atleast 6 mos, I ahve also read that one can be asked at the time of Citizenship about why they changed their Intent - Hope this helps!
Anyway to the Person who was asking about the extension of 6th year H1 - 6th year H1 extension is based on Labor does not matter if 140 is approved or applied...FYI
My attorney told me one can do AC21 and so did the RFE... although I have read on forums that its better to work with the company who applied your GC for atleast 6 mos, I ahve also read that one can be asked at the time of Citizenship about why they changed their Intent - Hope this helps!
Anyway to the Person who was asking about the extension of 6th year H1 - 6th year H1 extension is based on Labor does not matter if 140 is approved or applied...FYI
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amitjoey
07-11 12:17 PM
New Yorkers, do not let this opportunity pass by.
more...
InTheMoment
02-15 11:48 AM
Yes, it does apply to nationals from India.
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franklin
07-05 02:49 PM
The other thing I don't understand is how come EB-1 and EB-2 which are current (for ROW) atleast can suddenly become U. See my reasoning above. It doesn't matter, the visa numbers were used up. EB3 ROW gobbled up the ROW quotient when retrogression was eased in May and June
Did USCIS stop paying attention to EB-2 vs EB-3 classification? If you are talking about ROW, it doesn't matter. There were no backlogs in processing EB2
How about country limits? Did USCIS give India more than 3K visas? I'd imagine so 7% of 140k is 9800
Also, aren't the visas released quarterly? So, how come the visas that were to be released in July, got consumed in June? Now that is a good question
See answers in purple
Did USCIS stop paying attention to EB-2 vs EB-3 classification? If you are talking about ROW, it doesn't matter. There were no backlogs in processing EB2
How about country limits? Did USCIS give India more than 3K visas? I'd imagine so 7% of 140k is 9800
Also, aren't the visas released quarterly? So, how come the visas that were to be released in July, got consumed in June? Now that is a good question
See answers in purple
more...
razis123
06-06 02:45 PM
hopefully if we pay the $340 for EAD and $305 for AP for each person, we do not have to pay for it again until we get a decision on our GC.We just have to keep renewing these two without paying again..Please correct me if i am wrong.So its like pay one last time..hopefully.
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glores1970
09-23 12:06 PM
I am in the same boat, changed my mind to apply for AP in the last minute and mailed my application on Aug 16th, USPS messed it up and couldn't deliver it on Aug 17th, tried delivering it on 18th but didnt since offices were closed finally delivered it on 20th.
Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.
What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.
write the following on the envlope using marker
DO NOT OPEN IN THE MAIL ROOM
and address the package to director of the service center also include the evidance that you have applied when the visa bulliten is current
Thanks, pathmaker and averagedesi...i will resend the application according to your suggestions.
Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.
What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.
write the following on the envlope using marker
DO NOT OPEN IN THE MAIL ROOM
and address the package to director of the service center also include the evidance that you have applied when the visa bulliten is current
Thanks, pathmaker and averagedesi...i will resend the application according to your suggestions.
more...
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snathan
04-28 05:40 PM
Until you know the reason for denial, its difficult to give any opinion. If you know the chances are very low if you are going for appeal, I would still advise you for that to get some time.
1. When your appeal is pending you can use the approved PERM to get your H1B if you are beyond 6 years.
2. If your I-140 is denied, it will trigger the I-485 denial.
3. If your I-485 is denied, the EAD is become invalid. Then I am not sure about the AP status.
I am not sure but think you can use EAD if you go for appeal...
So its always good to have H1B as back up for EAD and AP. At least you will be in status.
1. When your appeal is pending you can use the approved PERM to get your H1B if you are beyond 6 years.
2. If your I-140 is denied, it will trigger the I-485 denial.
3. If your I-485 is denied, the EAD is become invalid. Then I am not sure about the AP status.
I am not sure but think you can use EAD if you go for appeal...
So its always good to have H1B as back up for EAD and AP. At least you will be in status.
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gc_chahiye
10-17 03:32 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
more...
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validIV
03-20 05:14 PM
Wow. This is gonna hurt a lot of people.
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nashorn
12-17 08:57 PM
Hi friends!
I have applied for my I-485 in June 2007.
This is what i got on 29 Nov-2007
On November 29, 2007, we mailed you a decision on your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
and on Dec 11th my status changed to
On December 11, 2007, the post office returned our last written notice on this case as undeliverable
My attorney got letters that my wife and daughter got denied as mine was denied..i am runing out of time and still do not know why it was denied..
we are at the same address where we got our EAD's and AP's and we have been checking the mail box every day to find out the reason.
if somebody who knows or gone through the same please share with me what you did and what happened.
thanks a lot.
Ramana.
If your atterney got letters of your wife and kid, yours should had been sent to him too. It is possible that the address on your 485 has some mistake. Ask your atterney to check that with USCIS, and ask the decision be sent again. Your atterney probeblely has done this already.
People normally got a RFE or Intent to deny befor final decision. If the address on the 485 was wrong, your atterney wouldn't get those either. His not responding could result in abandenonment denial. It looks like there is a good chance that is what happened.
I have applied for my I-485 in June 2007.
This is what i got on 29 Nov-2007
On November 29, 2007, we mailed you a decision on your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
and on Dec 11th my status changed to
On December 11, 2007, the post office returned our last written notice on this case as undeliverable
My attorney got letters that my wife and daughter got denied as mine was denied..i am runing out of time and still do not know why it was denied..
we are at the same address where we got our EAD's and AP's and we have been checking the mail box every day to find out the reason.
if somebody who knows or gone through the same please share with me what you did and what happened.
thanks a lot.
Ramana.
If your atterney got letters of your wife and kid, yours should had been sent to him too. It is possible that the address on your 485 has some mistake. Ask your atterney to check that with USCIS, and ask the decision be sent again. Your atterney probeblely has done this already.
People normally got a RFE or Intent to deny befor final decision. If the address on the 485 was wrong, your atterney wouldn't get those either. His not responding could result in abandenonment denial. It looks like there is a good chance that is what happened.
more...
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ita
10-18 04:26 PM
Hi,
Can someone please tell me how do I create a thread for new posting.
Searched for New Thread ut didn't find any.
Thanks.
Can someone please tell me how do I create a thread for new posting.
Searched for New Thread ut didn't find any.
Thanks.
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vdlrao
05-11 04:35 PM
smuggymba / getgreensoon1 / vdlrao
While I am touched by your concern for EB1 fraud and how it impacts EB3, i would hazard a guess that the OP was a troll OP and does not merit any answers
EB1 Spill Over --> EB2 with oldest priority dates --> EB2 ROW --> --> EB3 with oldest priority dates(India & China) -->EB3 ROW.
Believe me, stopping EB1C fraud directly helps EB3 India.
.
While I am touched by your concern for EB1 fraud and how it impacts EB3, i would hazard a guess that the OP was a troll OP and does not merit any answers
EB1 Spill Over --> EB2 with oldest priority dates --> EB2 ROW --> --> EB3 with oldest priority dates(India & China) -->EB3 ROW.
Believe me, stopping EB1C fraud directly helps EB3 India.
.
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angelfire76
06-09 01:53 PM
The attorney is right and no where has she specifically stated it as an "Indian only" issue. It just happens that lot of consultancies are owned by Indians and they could be her clients.
But she has at least brought visibility to the sudden enforcement tactics of the USCIS, which can only be termed as seeing everyone as a criminal, just because you found one or two in a bunch. In fact hearing about a lot of H1 extensions denied (even with approved 140) or given only for a very limited period of time, extensive RFEs etc. all I can say is that if they are unable to legislatively "purge" foreign workers due to business lobby, they sure are trying to do so administratively.
But she has at least brought visibility to the sudden enforcement tactics of the USCIS, which can only be termed as seeing everyone as a criminal, just because you found one or two in a bunch. In fact hearing about a lot of H1 extensions denied (even with approved 140) or given only for a very limited period of time, extensive RFEs etc. all I can say is that if they are unable to legislatively "purge" foreign workers due to business lobby, they sure are trying to do so administratively.
bobzibub
01-11 10:36 AM
Use dice.ca monster.ca or workopolus.com or something.
It is true that the US will be heading for quite difficult times ahead.
They've just posted a $T1.2 deficit and that is pre-Obama infrastructure program. They may have to deflate the dollar in order to pay it off as the countries that normally buy US treasuries are experiencing their own crunches. The financial bailout has the affect of being a huge wealth transfer from the middle class to the wealthy where there already is growing income inequality. Plus the Iraq war costs muchos dineros. In summary, I am bearish about the US economy, dollar, and future prospects over the next decades. Some economists say that the Bush (Jr.) years cost the economy (If I remember correctly) around T$9. A staggering amount.
Canada has her fiscal house in order if not political house in order. (There will likely be yet another election in the next few months.). Canada has been posting government surpluses provincially and federally in the last decade or so, so Canada is prepared for what will likely be a mild recession. (The belief is that they'll be out of recession 2nd half 2009) Plus the banking system was not allowed to go leverage wonky like down here. So there is no big bailout, and no big financial issues. There are some credit issues but I believe that they are spillover from the US. Canada has buttressed the banks but to place them on an even keel with bailed out US banks. Scotia bank, for example, has rejected the efforts saying they're not needed.
Wages are lower and taxes are higher but if you have a family it may be beneficial because daycare and other child related expenses are subsidized. I think it is 9 or 12 months paid maternity leave, for example.
Job market is pretty tough. Though there is likely more unemployment now in the US due to differences of measurement.
Pick your poison!
It is true that the US will be heading for quite difficult times ahead.
They've just posted a $T1.2 deficit and that is pre-Obama infrastructure program. They may have to deflate the dollar in order to pay it off as the countries that normally buy US treasuries are experiencing their own crunches. The financial bailout has the affect of being a huge wealth transfer from the middle class to the wealthy where there already is growing income inequality. Plus the Iraq war costs muchos dineros. In summary, I am bearish about the US economy, dollar, and future prospects over the next decades. Some economists say that the Bush (Jr.) years cost the economy (If I remember correctly) around T$9. A staggering amount.
Canada has her fiscal house in order if not political house in order. (There will likely be yet another election in the next few months.). Canada has been posting government surpluses provincially and federally in the last decade or so, so Canada is prepared for what will likely be a mild recession. (The belief is that they'll be out of recession 2nd half 2009) Plus the banking system was not allowed to go leverage wonky like down here. So there is no big bailout, and no big financial issues. There are some credit issues but I believe that they are spillover from the US. Canada has buttressed the banks but to place them on an even keel with bailed out US banks. Scotia bank, for example, has rejected the efforts saying they're not needed.
Wages are lower and taxes are higher but if you have a family it may be beneficial because daycare and other child related expenses are subsidized. I think it is 9 or 12 months paid maternity leave, for example.
Job market is pretty tough. Though there is likely more unemployment now in the US due to differences of measurement.
Pick your poison!
gsc999
04-20 12:58 PM
oh my sad soul do not live where there's no peace.[/B]
---
Mirage: Thanks for sharing but it seems many others have the same CD. But I am no mood to listen to melancolic songs! Now is the time for action!
Btw, I have made a note of your singing abilities and definitely call you for a conference call after we discover that we were all singing songs when instead, we should have been ringing our congress reps for support for our bills.
Please Stop singing the blues and START Ringing(calling) the congress reps.
---
Mirage: Thanks for sharing but it seems many others have the same CD. But I am no mood to listen to melancolic songs! Now is the time for action!
Btw, I have made a note of your singing abilities and definitely call you for a conference call after we discover that we were all singing songs when instead, we should have been ringing our congress reps for support for our bills.
Please Stop singing the blues and START Ringing(calling) the congress reps.
