Macaca
09-11 12:11 PM
Just made contribution of 500$
No person was ever honored for
what he received.
Honor has been the reward for
what he gave
Calvin Coolidge
No person was ever honored for
what he received.
Honor has been the reward for
what he gave
Calvin Coolidge
wallpaper message 7: by Heartbroken (new
santb1975
06-06 12:58 AM
That is awesome
Amount: $50.00 USD
Transaction ID: *1701P
Please come forward and contribute guys!
Amount: $50.00 USD
Transaction ID: *1701P
Please come forward and contribute guys!
tikka
07-06 11:13 AM
http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/USCIS_Visa_scandal
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/USCIS_Visa_scandal
2011 Heart+roken+emo+girl
Saralayar
09-01 10:23 AM
Let us see who is waiting for most time in USA.
5 years and counting.
If you can tell your history of Greencard and any tip on applying early would appreciate.
Why don't you create a poll for this?. That will be easier.
5 years and counting.
If you can tell your history of Greencard and any tip on applying early would appreciate.
Why don't you create a poll for this?. That will be easier.
more...
dvb123
09-13 06:35 PM
Sec. 42. 53 Priority date of individual applicants.
(a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
(b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) or (b) .
(c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission. Sec. 42. 53 Priority date of individual applicants.
(a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
(b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) or (b) .
(c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission.
(a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
(b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) or (b) .
(c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission. Sec. 42. 53 Priority date of individual applicants.
(a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
(b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) or (b) .
(c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission.
bala50
09-13 04:07 PM
I'm ready to fill the sixth slot . I have contributed to rally before and i will match Milind's next contibution.
Thank you mohitb272, wolfsappi, kanaihya and ravikanthe. All your help and contributions are greatly appreciated.
Details of my $100 contribution are in my signature.
To people who still have their finger on the trigger,
Guys, Are we ready to fire the next round? Believe me you will feel good. The gun is loaded with 5 bullets again.
But wait a minute, someone told me this revolver has six chambers. We can put one extra bullet in this baby.
Would any senior member or previous contributors like to be the guest of honor and help us fire the last bullet?
On a more serious note we still required $10,000 before Sept 18th.
Thank you mohitb272, wolfsappi, kanaihya and ravikanthe. All your help and contributions are greatly appreciated.
Details of my $100 contribution are in my signature.
To people who still have their finger on the trigger,
Guys, Are we ready to fire the next round? Believe me you will feel good. The gun is loaded with 5 bullets again.
But wait a minute, someone told me this revolver has six chambers. We can put one extra bullet in this baby.
Would any senior member or previous contributors like to be the guest of honor and help us fire the last bullet?
On a more serious note we still required $10,000 before Sept 18th.
more...
Asian
08-10 10:44 AM
No. It is true to some extent that we are paying more taxes.
Take my case for an example. My kid is not an American citizen. She moved with us when she was a baby and currently under H-4 status. So she could not obtain social security number that is good for "authorized to work". Without the SSN, we were not eligible for certain child tax credit, which was hundreds of dollars. I tried an ITIN but I got a formal response from IRS that the child still needs to have a SSN to be eligible for the credit.
If you ever filed your tax return yourself and have a kid, you will know what I mean.
just one correction:
I do not think the above is true.
Take my case for an example. My kid is not an American citizen. She moved with us when she was a baby and currently under H-4 status. So she could not obtain social security number that is good for "authorized to work". Without the SSN, we were not eligible for certain child tax credit, which was hundreds of dollars. I tried an ITIN but I got a formal response from IRS that the child still needs to have a SSN to be eligible for the credit.
If you ever filed your tax return yourself and have a kid, you will know what I mean.
just one correction:
I do not think the above is true.
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Macaca
10-01 03:27 PM
Worldwide Limits
(a) FS Preference Limitation:
The overall ceiling for relatives is 480,000, from which the previous year's total of immediate relatives and other family classes which are exempt from the numerical ceiling are deducted to determine the level of family-based preference immigration. Although the difference could be greater or less than 226,000, that figure is established as a minimum for the FS preference immigrant limitation.
Specifically, if such family-related numerically-exempt immigrants and parolees are fewer than 254,000, the family-sponsored preferences will be entitled to more than 226,000 in the following fiscal year. On the other hand, if such family-related numerically-exempt immigrants and parolees exceed 254,000, the FS preferences are still provided at least 226,000 numbers by virtue of the minimum annual limit assured by Sec. 201(c).
So # legal immigrants/year = 480K (FS) + 140K (EB) + 50K (diversity) + Refugee + Asylum + ... = 670K + ... ~= 1M (reported in articles)
(a) FS Preference Limitation:
The overall ceiling for relatives is 480,000, from which the previous year's total of immediate relatives and other family classes which are exempt from the numerical ceiling are deducted to determine the level of family-based preference immigration. Although the difference could be greater or less than 226,000, that figure is established as a minimum for the FS preference immigrant limitation.
Specifically, if such family-related numerically-exempt immigrants and parolees are fewer than 254,000, the family-sponsored preferences will be entitled to more than 226,000 in the following fiscal year. On the other hand, if such family-related numerically-exempt immigrants and parolees exceed 254,000, the FS preferences are still provided at least 226,000 numbers by virtue of the minimum annual limit assured by Sec. 201(c).
So # legal immigrants/year = 480K (FS) + 140K (EB) + 50K (diversity) + Refugee + Asylum + ... = 670K + ... ~= 1M (reported in articles)
more...
rameshk75
01-04 10:41 AM
Received an email today for AP document mailed on Jan4.
I filed AP on Aug 8th.
I filed AP on Aug 8th.
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Radhika
07-23 05:21 PM
Guys, We just got the magic e-mail.!!
Card Production ordered
PD AUG 2004
RD :FEB 2005
EB3 INDIA :) :) :)
thx everyone for your help and suppport!!
Congratulation!!!!!!!
Thats really great news.
My husband pd is SEP 2004
EB3 India
Hope we will also get GC in next 2 years
Card Production ordered
PD AUG 2004
RD :FEB 2005
EB3 INDIA :) :) :)
thx everyone for your help and suppport!!
Congratulation!!!!!!!
Thats really great news.
My husband pd is SEP 2004
EB3 India
Hope we will also get GC in next 2 years
more...
WeldonSprings
05-02 03:27 PM
That comment was made for Family Visas, since everyone who applies on Family Visa, might not eventually get it. I read here that King said that everyon on EAD and AP is getting a free ride even thought here green card might get rejected. What does he mean by that. I tahught every process goes thorugha security check. such as I 140, H1b, AP and even EAD.
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pitha
07-20 05:34 PM
are u kidding? raise country cap to 10%!!!!!!!!!
only solution is get rid of the country cap. Before anybody from ROW goes into a lecture about "diversity" blah blah blah please think with a rational mind. Getting rid of country quota is the only solution. things like increasing it to 10% etc will only reduce the backlog time for Indian applicants from 25 years to maybe 18 years.
My take is that Sen. Cornyn's bill is too ambitious and tries to solve ALL the problems. It is never going to fly, especially in this political environment.
We should focus on EB retrogression relief and try to get in only the absolute minimum relief needed to eliminate current backlogs.
In my opinion, this is the absolute minimum:
1) Clear DOL backlogs in BECs
2) Recapture lost visa numbers
3) Dont count dependants
4) Raise per-country cap to 10%
If we can only these rolled in to amendment, it should be easy to pass. We can start an awareness initiative to educate the senators and ensure it passes. If we shoot for too much, its next to impossible. Thats the sad reality.
only solution is get rid of the country cap. Before anybody from ROW goes into a lecture about "diversity" blah blah blah please think with a rational mind. Getting rid of country quota is the only solution. things like increasing it to 10% etc will only reduce the backlog time for Indian applicants from 25 years to maybe 18 years.
My take is that Sen. Cornyn's bill is too ambitious and tries to solve ALL the problems. It is never going to fly, especially in this political environment.
We should focus on EB retrogression relief and try to get in only the absolute minimum relief needed to eliminate current backlogs.
In my opinion, this is the absolute minimum:
1) Clear DOL backlogs in BECs
2) Recapture lost visa numbers
3) Dont count dependants
4) Raise per-country cap to 10%
If we can only these rolled in to amendment, it should be easy to pass. We can start an awareness initiative to educate the senators and ensure it passes. If we shoot for too much, its next to impossible. Thats the sad reality.
more...
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sands_14
09-28 11:27 PM
Can all of us at least send a joint request/letter to Rep Lofgren to ask USCIS to formalise a procedure for re-capture of visa numbers?I guess USCIS can do this without any senate approvals.At least ,this will decrease retrogression a little.Any major reform looks unlikely anyways till year 2009...
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dhesha
02-23 07:26 PM
What about TSC processing dates,is that wrong too.
I didnt ask that.
I didnt ask that.
more...
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vjkypally
07-20 09:40 AM
This is not in tune with her statements and deeds before. She even supported one GC per family.... Its strange considering this was defeated by 2 votes
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kevinkris
09-11 08:09 PM
I am IN.
Flowers are fine.
But may be we should send only few calculators and backward running clocks.
Say, for example 1000 flowers and only 100 calculators and clocks.
What you say?
Flowers are fine.
But may be we should send only few calculators and backward running clocks.
Say, for example 1000 flowers and only 100 calculators and clocks.
What you say?
more...
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bigboy007
06-03 01:35 AM
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
*******************
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
*******************
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
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addsf345
11-08 02:09 PM
Gurus,
I am about to switch jobs using EAD. I am worried that if my current employer revokes my 140, CIS may by mistake cancel my pending AOS. I am mentally prepared for this and talk to lawyer to be ready to file MTR in this case. However here is my question.
1. Will this immediately cancel my EAD? if so, I may have to resign.
2. If I continue working while filling for MTR, will it be illegal?
3. How much it costs to go thru' MTR process? How long it takes?
I read on some other website that denying 485 doesn't automatically cancel your EAD. Any inputs?
I am about to switch jobs using EAD. I am worried that if my current employer revokes my 140, CIS may by mistake cancel my pending AOS. I am mentally prepared for this and talk to lawyer to be ready to file MTR in this case. However here is my question.
1. Will this immediately cancel my EAD? if so, I may have to resign.
2. If I continue working while filling for MTR, will it be illegal?
3. How much it costs to go thru' MTR process? How long it takes?
I read on some other website that denying 485 doesn't automatically cancel your EAD. Any inputs?
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rkotamurthy
12-28 06:21 PM
I just registered on this website today. I like the professionalism and commitment of the members on this forum. I would like to contribute to the efforts in promoting the cause. Please let me know any activities/campaings planned by So Cal members.
snathan
03-17 01:13 PM
BTW , I have been a monthly contributor for years and also contributed to other special occasions :) . Still patiently waiting for access to the donor forum.
Send mail to Admin....
Send mail to Admin....
ItIsNotFunny
10-21 11:47 AM
Mail buddy Mail.
Its nice to have interest in talking about Obama or McCain is good for immigration but irony is, that discussion is not going to help us as they don't care for non-voters.
Lets have focused energy attack in right direction. Keep mailing, lets have 500 mails by this week. This is not unrealistic.
Its nice to have interest in talking about Obama or McCain is good for immigration but irony is, that discussion is not going to help us as they don't care for non-voters.
Lets have focused energy attack in right direction. Keep mailing, lets have 500 mails by this week. This is not unrealistic.
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